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Home My WebLink About2022-10-18-Meeting MinutesCommission Meeting Agenda Commission Chamber - 10/18/2022 ATTENDANCE: Present: Hons. B. Williams, Johnson, Garrett, Frantom, Scott, McKnight, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. Absent: Hons. Hardie Davis, Jr., Mayor; Mason, member of Augusta Richmond County Commission. INVOCATION: Reverend Chuck Smallwood, Pastor Fairview Missionary Baptist Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) The Supreme Court of Georgia A. The Supreme Court of Georgia hereby presents the Augusta-Richmond County Commission with this Certificate of Appreciation for making the Court's special oral argument session in the Augusta Judicial Circuit a success. Item Action: None SKM_C65822101310460.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation of the Certificate of Appreciation is made. Five (5) minute time limit per delegation DELEGATIONS B. Ms. Monique Braswell to discuss her Annual Feast Before Feast Dinner in partnership with Augusta Parks and Recreation Department. (Requested by Commissioner Francine Scott) Item Action: None SKM_C65822101310401.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made by Ms. Braswell. C. Messrs. Roderick Pearson and Jason Beard regarding concerns about the violence in the Aumond Community. Item Action: None SKM_C65822101310400.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made by Mr. Pearson. CONSENT AGENDA (Items 1-27) PLANNING 1. FINAL PLAT – CARMELITA PLACE – S-968 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Steve Bargeron and Associates requesting final plat approval for Carmelita Place. This residential subdivision contains 10 lots and is located at 2610 Black Road. Tax Map #279-0-110-00-0. DISTRICT 8 Item Action: Approved CARMELITA_PLACE.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 2. FINAL PLAT – HAYNES STATION SECTION 15 – S-965 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Cranston Engineering Group requesting final plat approval for Haynes Station Sec. 15. This final plat will cover 26 residential lots and is located at 561 Jensen Lane. Tax Map #064-0-154-00-0. DISTRICT 3 Item Action: Approved HAYNES_STATION_SEC15.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 3. SE-22-09 –A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Elmira Roulhac – requesting a Special Exception to establish an Adult Day Care Facility per Section 26-1(e) of the Comprehensive Zoning Ordinance affecting property containing approximately 0.39 acres located at 1840 Phinizy Road. Tax Map #144-0-016-00-0. DISTRICT 6 1. The Congregate Personal Care Home business license must be permanently closed. 2. A business license will be required for the new Adult Day Care Facility. 3. Hours of operation are limited to 7:00 am to 7:00 pm., Monday through Friday and 9:00 am to 5:00 pm., Saturday and Sunday. 4. No clients are allowed to stay overnight at the Adult Day Care Facility. 5. If the Augusta Fire Dept. allows an occupancy of greater than 20 clients additional parking spaces to meet the required 1 space for each 4 clients at maximum occupancy shall be provided. Item Action: Approved SE-22-09.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 4. Z-22-53 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Donte Davis – requesting a rezoning from Zone R-1C (One-Family Residential) to Zone R-2 (Two-Family Residential) affecting properties containing approximately 0.3 acres located at 1612, 1614 and 1616 Luckey Street. Tax Map #058-2-188-00-0, 058-2-189-00-0 and 058-2-190- 00-0. DISTRICT 1 1. The three properties shall be recombined into two parcel and recorded in the Clerk of Superior Courts office prior to submittal for site plan approval. 2. The builder shall incorporate Old Augusta Character into the architectural elevations of the front facades of the buildings to be approved by Planning and Development’s Development Services Manager, Deputy Director or Director. 3. Approval of this rezoning request does not constitute approval of the concept site plan submitted with the rezoning application. The proposed development shall obtain site plan approval in compliance with Site Plan Regulations of Augusta, Georgia prior to construction commencing on the property. 4. The development of the property shall comply with all development standards and regulations set forth by the City of Augusta-Richmond County, Georgia, as amended, at time of development. Item Action: Approved Z-22-53.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 5. Z-22-54 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Allen-Batchelor Construction Co., Inc. on behalf of Highland Ridge Investment Partners, LLC – requesting a rezoning from Zone A (Agricultural) to Zone B-2 (General Business) affecting properties containing approximately 14.91 acres located at 1125 and 1145 Interstate Parkway. Tax Map #029-0-043-00-0 and 029-0-044-00-0. DISTRICT 31. Augusta Traffic Engineering requires a traffic assessment or study to determine whether existing roadways need additional improvements. Decisions made by the Traffic Engineer shall be adhered to. 2. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. Item Action: Approved Z-22-54.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 6. Z-22-55 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by DSDA Properties, LLC on behalf of D.J. Williams c/o DSDA Properties, LLC – requesting a rezoning from Zone R-1 (One-Family Residential) to Zone B-1 (Neighborhood Business) affecting property containing approximately 0.46 acres located at 135 Davis Road. Tax Map #016-0-016-00-0. DISTRICT 7 1. Permitted uses of the site shall be limited to those prescribed for B-1 zoning as set forth by the Augusta-Richmond County Comprehensive Zoning Ordinance, section 21-1. 2. This project shall comply with all development standards and regulations set forth by the City of Augusta, Georgia at the time of development. Item Action: Approved Z-22-55.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 7. Z-22-56 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Lauren Burleson on behalf of OM Shiv Shakti LLC –requesting a rezoning from Zone B-1 (Neighborhood Business) and Zone LI (Light Industrial) to Zone B-2 (General Business) affecting property containing approximately 2 acres out of a 4.69-acre tract located at 1602 Gordon Highway. Portion of Tax Map #078-0-005-00-0. DISTRICT 2 1. This development shall substantially conform to the concept plan filed with this application. 2. The parcel shall be subdivided immediately subsequent to this approval, in accordance with the presented concept plan. 3. This project shall comply with all development standards and regulations set forth by the City of Augusta, Georgia at the time of development. Item Action: Approved Z-22-56.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes PUBLIC SERVICES 8. Motion to approve a $2,251,230.00 increase of 2022 Airport budget to fund July-December aircraft fuel expense. Approved by the Augusta Aviation Commission on September 28, 2022. (Approved by Public Services Committee October 11, 2022) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 9. Motion to approve New Ownership/Existing Location: A.N. 22-72: A request by Denzel Larry for a consumption on premise Liquor, Beer & Wine License to be used in connection with Luxe located at 813 Broad Street. District 1. Super District 9.(Approved by Public Services Committee October 11, 2022) Item Action: Approved AN-22-72.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 10. Motion to approve New Ownership/Existing Location: A.N. 22-74: A request by Ileshkumar Patel for a retail package Beer & Wine License to be used in connection with Neighborhood Store located at 2849 Lumpkin Road. District 5. Super District 9.(Approved by Public Services Committee October 11, 2022) Item Action: Approved AN-22-74.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 11. Motion to approve request to enter Phase VI contract with MCCi, LLC as a sole source vendor for the amount of ‘not to exceed $100,000.00’ for the purpose of digitizing and indexing historic building plans. (Approved by Public Services Committee October 11, 2022) Item Action: Approved MCCI-_Scanning_2022.pdf Sole_SOurce_MCCI.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 12. Motion to approve New Ownership/Existing Location: A.N. 22-75: A request by Shova Dhakal for a retail package Beer & Wine License to be used in connection with Aman Food Mart located at 2078 Old Savannah Road. District 2. Super District 9.(Approved by Public Services Committee October 11, 2022) Item Action: Approved AN-22-75pdf.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 13. Motion to approve entering into a lease agreement with the Augusta National, Inc. for the usage of the parking lot at Eisenhower Park during Masters week with the first year to be $3,750.00.(Approved by Public Services Committee October 11, 2022) Item Action: Approved 2022-18-10_Lease_Agmt._Augusta_National_and_Augusta_Recreation.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 14. Motion to approve amending the code for Tiny House Construction: Adopt Georgia State Minimum Standard Codes for Tiny Houses.(Approved by Administrative Services Committee October 11, 2022) Item Action: Approved Appendix_Q_Draft_Ordinance.docx tiny_house_appendix.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes ADMINISTRATIVE SERVICES 15. Motion to approve the purchase of one 2022 Kubota SLV97-2 Compact Tracked Steer Loader at a total cost of $77,295.00 to include the optional heavy duty rotary cutter attachment from J & B Tractor of Augusta, GA (Bid 22-264) for the Richmond County Sheriff’s Office-Training Range.(Approved by Administrative Services Committee October 11, 2022) Item Action: Approved 9-20-2023_RCSO_Funds_xfer_approval.pdf Invitation_to_Bid.docx 22-264__OFFICIAL_TAB_SHEET.pdf 22-264_Department_Recommendation_of_Award.pdf 22-264_Plan_holders_List.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 16. Motion to approve the following items regarding the Gold Cross contract; 1) remove the ORV for Gold Cross 2) set the term of the contract for three years with two one-year renewal terms approved by the Commission; 3) remove the six months for Gold Cross to come into compliance for ambulances or ORV's with compliance to be from the first day of the contract; 4) remove the provision for Gold Cross to subcontract any part of this contract out; 5) pay for the subsidy on a monthly basis, starting the contract on January 1, 2023 6) and provide a subsidy of $900,000 to Gold Cross. (Approved by Administrative Services Committee October 11, 2022) Item Action: Disapproved 2022-27-09_Gold_Cross_Draft_Contract_08292022.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve the original contract presented by the Administrator with a subsidy of $1.5 million dollars. Voting No: Commissioner Ben Hasan, Commissioner Jordan Johnson, Commissioner Francine Scott, Commissioner Bobby Williams, Commissioner Dennis Williams. Motion Fails 4-5. Commissioner Brandon Garrett Commissioner Catherine Smith- McKnight Fails Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Substitute motion to approve the agenda item as presented. Voting No: Commissioner John Clarke, Commisioner Sean Frantom, Commissioner Brandon Garrett, Commissioner Catherine Smith-McKnight, Commissioner Dennis Williams. Motion Fails 4-5. Commissioner Ben Hasan Commissioner Jordan Johnson Fails Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve reconsidering this item and approve a motion for the original agenda item with a subsidy of $1 million dollars. Commissioner Francine Scott Commissioner Jordan Johnson Motions Motion Type Motion Text Made By Seconded By Motion Result Mr. Frantom objects to the combining of the motions to reconsider the item and approving the item with a subsidy of $1 million dollars. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve reconsidering the item. Voting No: Commissioner John Clarke, Commisioner Sean Frantom, Commissioner Catherine Smith-McKnight. Motion Passes 6-3. Commissioner Francine Scott Commissioner Jordan Johnson Passes Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve to approve the item as presented with an annual subsidy of $1 million dollars. Voting No: Commissioner John Clarke, Commisioner Sean Frantom, Commissioner Brandon Garrett, Commissioner Catherine Smith-McKnight, Commissioner Dennis Williams. Motion Fails 4-5. Commissioner Francine Scott Commissioner Ben Hasan Fails Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Substitute motion to approve removing condition #1, keep condition #2, change Commissioner Brandon Garrett Commissioner John Clarke Fails condition #3 to 3 months to come into compliance, remove condition #4 and provide a subsidy of $1.2 million dollars. Voting No: Commissioner John Clarke, Commisioner Sean Frantom, Commissioner Ben Hasan, Commissioner Jordan Johnson, Commissioner Francine Scott, Commissioner Catherine Smith-McKnight, Commissioner Bobby Williams, Commissioner Dennis Williams. Motion Fails 1-8. 17. Motion to approve award of contract RFQ 22-272 to prepare Construction Documents for construction of New RCCI to IPG, Incorporated – Architects & Planners of Valdosta, GA in the amount of $82,500 for Phase I (preliminary design) and 7% of construction costs for Phase II. (Approved by Administrative Services Committee October 11, 2022) Item Action: Approved IPG_Proposal__6_Sept_2022_-_New_22-272_RCCI.pdf Advertisement_for_Paper.docx 22-272_OFFICIAL_TAB.xls 22-272_Cumulative_Phase_II_.pdf 22-272_Department_Recommendation_to_Award_-_Negotiate.pdf 22-272_Plan_Holders.pdf FYI_Process_Regarding_RFQs.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 18. Motion to approve Augusta, Georgia’s acceptance of Emergency Solutions Grant Reallocated funds from the U.S. Department of Housing and Urban Development (HUD) in the amount of $301,400.57 to provide funding for services to residents experiencing, or at-risk of experiencing, homelessness and instruct the Finance Department to add available funding to HCDs budget (upon receipt) for immediate use and implementation.(Approved by Administrative Services Committee October 11, 2022) Item Action: Approved ESG_CV_Reallocation_Grant_Agreement_-_Augusta-Richmond_County_GA.pdf ESG_CV_Final_Award_Letter_Reallocation_-_Augusta-Richmond_County_GA.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 19. Motion to approve five (5) Rehabilitation Projects in partnership with Legacy 4 Construction (3) and Butler’s Home Improvement (2).(Approved by Administrative Services Committee October 11, 2022) Item Action: Approved HCD_Rehab_Sample_Contract.docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes PUBLIC SAFETY 20. Motion to amend the FY2022 Adopted Budget to accept a $20,000.00 lump sum award from SUGA Education, Training & Development, Inc. for staff software training. (Approved by Public Safety Committee October 11, 2022) Item Action: Approved 2022_SUGA_Grant_Award_and_Approval.pdf PR000378_-_Approval.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 21. Motion to approve ARP Funds in the amount of $3,000,000 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) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve with an allocation of $4 million dollars for the Fire Department. Voting No: Commissioner John Clarke, Commisioner Sean Frantom, Commissioner Brandon Garrett, Commissioner Jordan Johnson. Motion Fails 5-4. Commissioner Ben Hasan Commissioner Catherine Smith- McKnight Fails Motions Motion Text Made By Motion Type Seconded By Motion Result Approve Substitute motion to approve with an allocation of $5 million dollars for the Fire Department. Commissioner John Clarke Dies for lack of Second Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Substitute motion to approve an allocation of $3 million dollars for the Fire Department. Voting No: Commissioner John Clarke, Commissioner Ben Hasan, Commissioner Catherine Smith-McKnight, Commissioner Dennis Williams. Motion Fails 5-4. Commissioner Brandon Garrett Commissioner Francine Scott Fails Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve reconsidering this item with an allocation of $3.5 million dollars for the Fire Department. Voting No: Commissioner John Clarke, Commissioner Catherine Smith-McKnight, Commissioner Dennis Williams. Motion Passes 6-3. Commissioner Francine Scott Commissioner Ben Hasan Passes 22. Motion to approve acceptance of a grant award for the Richmond County Juvenile Court in the amount $100,000 awarded from the Criminal Justice Coordinating Council for the continuation of the VOCA grant for juveniles. (Approved by Public Safety Committee October 12, 2022) Item Action: Approved VOCA_AWARD.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 23. Motion to accept funds from FY 2121 FEMA Staffing for Adequate Fire and Emergency Response (SAFER) in the amount of $4,928,040.(Approved by Public Safety Committee October 11, 2022) Item Action: Approved Award_Letter.pdf PR000340.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 24. Motion to approve the purchase of SCBA air packs as a sole source from Vallen for the Augusta Fire Department with SPLOST 8 funds. (Approved by Public Safety Committee October 11, 2022) Item Action: Approved SGM_Printer22092808370.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes ENGINEERING SERVICES 25. Motion to approve Intergovernmental Agreement for design, construction and financing of rail spur between Augusta, Georgia and Development Authority of Augusta, Georgia. (Approved by Engineering Services Committee October 11, 2022) Item Action: Approved Intergovernmental_Agreement_Attachments.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 26. Motion to approve supplement funds in amount of $147,689 to be added to awarded Bid to Yancy Brothers for Landfill Compactor Purchase. Bid 22-190 / Requested by AE&ESD. (Approved by Engineering Services Committee October 11, 2022) Item Action: Approved Yancey_Revised_Quote.pdf Bid_Tab_22-190.pdf Yancey_Email_Notification-Price_Increae.pdf Agenda_Item_22-190_-_Item_#43.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Passes Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Brandon Garrett PETITIONS AND COMMUNICATIONS 27. Motion to approve minutes of the Regular Meeting held October 4, 2022 and the Special Called Meeting held October 11, 2022. Item Action: Approved Regular_Commission_Meeting_October_4_2022.pdf Called_Commission_Meeting_October_11_2022.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes ****END CONSENT AGENDA**** AUGUSTA COMMISSION 10/18/2022 AUGUSTA COMMISSION REGULAR AGENDA 10/18/2022 (Items 28-32) PLANNING 28. Z-22-57 – A request for concurrence with the Augusta Georgia Planning Commission to deny a petition by Beazley Development Co. Inc on behalf of GA Baptist Children’s Homes, Poplar Group, LLC and Michelle Atkins, Julie & Walter Golosky – requesting a rezoning from Zone A (Agricultural) and Zone R-1 (One-Family Residential) to Zone R-1D (One-Family Residential) affecting property containing approximately 201.59 acres located at 3630 Windsor Spring Road, 3047 Manchester Drive and part of 3596 Windsor Spring Road. Tax Map #142-0-003-01-0, 142-2-001-00-0 and a portion of Tax Map #142-0-074-02-0. DISTRICT 6 Item Action: Rescheduled Z_22-57.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item back to the Planning Commission. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes PUBLIC SERVICES 29. Motion to approve New Ownership/Existing Location: A.N. 22-73: A request by Deep Patel for a retail package Beer & Wine License to be used in connection with Lotto World #15 located at 2502 Lumpkin Road. District 5. Super District 9.(No recommendation from Public Services Committee October 11, 2022) Item Action: Approved AN-22-73.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes ADMINISTRATIVE SERVICES 30. Update from by Director Hawthorne Welcher regarding Emergency Assistance Program. (Requested by Commissioner Francine Scott) Item Action: Approved SKM_C65822101310410.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result It was the consensus of the committee that this item be received as information without objection. ADMINISTRATOR 31. Administrator's proposed fiscal year 2023 budget presentation.Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve holding a workshop on Wednesday, October 26 at 10:00 a.m. for Commissioners to begin discussing the budget and with a discussion of the enterprise funds to be included first. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Catherine Smith- McKnight Passes ADDENDUM 32. Motion to adopt Resolution of Condolences for the late State Representative and Chairman of the Augusta Legislative Delegation Hon. Henry "Wayne" Howard. 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 added to the agenda without objection. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 33. 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 10/18/2022 2:00 PM Attendance 10/18/22 Department: Department: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 10/18/2022 2:00 PM Invocation Department: Department: Caption: Reverend Chuck Smallwood, Pastor Fairview Missionary Baptist Church. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 10/18/2022 2:00 PM The Supreme Court of Georgia Department:The Supreme Court of Georgia Department:The Supreme Court of Georgia Caption: The Supreme Court of Georgia hereby presents the Augusta-Richmond County Commission with this Certificate of Appreciation for making the Court's special oral argument session in the Augusta Judicial Circuit a success. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 10/18/2022 2:00 PM Monique Braswell Department: Department: Caption: Ms. Monique Braswell to discuss her Annual Feast Before Feast Dinner in partnership with Augusta Parks and Recreation Department. (Requested by Commissioner Francine Scott) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 10/18/2022 2:00 PM Messrs. Roderick Pearson and Jason Beard Department: Department: Caption: Messrs. Roderick Pearson and Jason Beard regarding concerns about the violence in the Aumond Community. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 10/18/2022 2:00 PM Final Plat Carmelita Place S-968 Department:Planning & Development Department:Planning & Development Caption: FINAL PLAT – CARMELITA PLACE – S-968 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Steve Bargeron and Associates requesting final plat approval for Carmelita Place. This residential subdivision contains 10 lots and is located at 2610 Black Road. Tax Map #279-0-110-00-0. DISTRICT 8 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 10/18/2022 2:00 PM Final Plat Haynes Station Section 15 S-965 Department:Planning & Development Department:Planning & Development Caption: FINAL PLAT – HAYNES STATION SECTION 15 – S-965 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Cranston Engineering Group requesting final plat approval for Haynes Station Sec. 15. This final plat will cover 26 residential lots and is located at 561 Jensen Lane. Tax Map #064-0-154- 00-0. DISTRICT 3 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 10/18/2022 2:00 PM SE-22-09 Department:Planning & Development Department:Planning & Development Caption: SE-22-09 –A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Elmira Roulhac – requesting a Special Exception to establish an Adult Day Care Facility per Section 26-1(e) of the Comprehensive Zoning Ordinance affecting property containing approximately 0.39 acres located at 1840 Phinizy Road. Tax Map #144-0-016-00-0. DISTRICT 6 1. The Congregate Personal Care Home business license must be permanently closed. 2. A business license will be required for the new Adult Day Care Facility. 3. Hours of operation are limited to 7:00 am to 7:00 pm., Monday through Friday and 9:00 am to 5:00 pm., Saturday and Sunday. 4. No clients are allowed to stay overnight at the Adult Day Care Facility. 5. If the Augusta Fire Dept. allows an occupancy of greater than 20 clients additional parking spaces to meet the required 1 space for each 4 clients at maximum occupancy shall be provided. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 10/18/2022 2:00 PM Z-22-53 Department:Planning & Development Department:Planning & Development Caption: Z-22-53 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Donte Davis – requesting a rezoning from Zone R-1C (One-Family Residential) to Zone R-2 (Two-Family Residential) affecting properties containing approximately 0.3 acres located at 1612, 1614 and 1616 Luckey Street. Tax Map #058-2-188- 00-0, 058-2-189-00-0 and 058-2-190-00-0. DISTRICT 1 1. The three properties shall be recombined into two parcel and recorded in the Clerk of Superior Courts office prior to submittal for site plan approval. 2. The builder shall incorporate Old Augusta Character into the architectural elevations of the front facades of the buildings to be approved by Planning and Development’s Development Services Manager, Deputy Director or Director. 3. Approval of this rezoning request does not constitute approval of the concept site plan submitted with the rezoning application. The proposed development shall obtain site plan approval in compliance with Site Plan Regulations of Augusta, Georgia prior to construction commencing on the property. 4. The development of the property shall comply with all development standards and regulations set forth by the City of Augusta-Richmond County, Georgia, as amended, at time of development. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 10/18/2022 2:00 PM Z-22-54 Department:Planning & Development Department:Planning & Development Caption: Z-22-54 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Allen-Batchelor Construction Co., Inc. on behalf of Highland Ridge Investment Partners, LLC – requesting a rezoning from Zone A (Agricultural) to Zone B-2 (General Business) affecting properties containing approximately 14.91 acres located at 1125 and 1145 Interstate Parkway. Tax Map #029-0-043-00-0 and 029-0-044- 00-0. DISTRICT 31. Augusta Traffic Engineering requires a traffic assessment or study to determine whether existing roadways need additional improvements. Decisions made by the Traffic Engineer shall be adhered to. 2. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 10/18/2022 2:00 PM Z-22-55 Department:Planning & Development Department:Planning & Development Caption: Z-22-55 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by DSDA Properties, LLC on behalf of D.J. Williams c/o DSDA Properties, LLC – requesting a rezoning from Zone R-1 (One-Family Residential) to Zone B-1 (Neighborhood Business) affecting property containing approximately 0.46 acres located at 135 Davis Road. Tax Map #016-0-016-00-0. DISTRICT 7 1. Permitted uses of the site shall be limited to those prescribed for B-1 zoning as set forth by the Augusta-Richmond County Comprehensive Zoning Ordinance, section 21-1. 2. This project shall comply with all development standards and regulations set forth by the City of Augusta, Georgia at the time of development. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 10/18/2022 2:00 PM Z-22-56 Department:Planning & Development Department:Planning & Development Caption: Z-22-56 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Lauren Burleson on behalf of OM Shiv Shakti LLC –requesting a rezoning from Zone B-1 (Neighborhood Business) and Zone LI (Light Industrial) to Zone B-2 (General Business) affecting property containing approximately 2 acres out of a 4.69-acre tract located at 1602 Gordon Highway. Portion of Tax Map #078-0-005-00-0. DISTRICT 2 1. This development shall substantially conform to the concept plan filed with this application. 2. The parcel shall be subdivided immediately subsequent to this approval, in accordance with the presented concept plan. 3. This project shall comply with all development standards and regulations set forth by the City of Augusta, Georgia at the time of development. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 10/18/2022 2:00 PM Z-22-57 Department:Planning & Development Department:Planning & Development Caption: Z-22-57 – A request for concurrence with the Augusta Georgia Planning Commission to deny a petition by Beazley Development Co. Inc on behalf of GA Baptist Children’s Homes, Poplar Group, LLC and Michelle Atkins, Julie & Walter Golosky – requesting a rezoning from Zone A (Agricultural) and Zone R-1 (One-Family Residential) to Zone R-1D (One-Family Residential) affecting property containing approximately 201.59 acres located at 3630 Windsor Spring Road, 3047 Manchester Drive and part of 3596 Windsor Spring Road. Tax Map #142-0-003- 01-0, 142-2-001-00-0 and a portion of Tax Map #142-0-074- 02-0. DISTRICT 6 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 10/18/2022 2:00 PM $2,251,230.00 Increase of 2022 Airport Budget Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve a $2,251,230.00 increase of 2022 Airport budget to fund July-December aircraft fuel expense. Approved by the Augusta Aviation Commission on September 28, 2022. (Approved by Public Services Committee October 11, 2022) Background:After undergoing challenges amid the COVID-19 pandemic in 2020 and 2021, Augusta Regional Airport (AGS) operating revenues soared in 2022. June 30, 2022 year-to-date total operating revenue was $14.2 million, exceeding June 30, 2019 year-to-date total operating revenue by $4 million or by 39%. The increase is significant, especially in aircraft fuel sales. The 2022 Masters Tournament exceeded historical Airport activities. Airport users such as General Aviation customers, the Department of Defense (DoD) and others resumed their activities after two years, and were the drivers of increased aviation fuel demand. Increased demand naturally resulted in increased aircraft fuel expense. June 30, 2022 year-to-date expense exceeded the annual budget by $498,880 or by 22%. AGS has become in need of funding July-December 2022 aircraft fuel expenses without breaching budgetary control. Analysis:The projected expense from July through December 2022 is $2,251,230 or $375,205 per month. The amount is allocated among retail sales, DoD sales, and contract sales. Financial Impact:There is no financial Impact. The purchase of bulk aircraft fuel is offset (or exceeded) by revenues generated by the Airport’s retail fuel sales. Alternatives:To deny. Recommendation:Recommend Approval. Approved by the Augusta Aviation Commission on September 28, 2022. Funds are Available in the Following Accounts: 551000000-3492112 (Retail) $1,446,280.00 551000000-3492117 (DoD) $ 233,040.00 551000000-3492204 (Contract) $ 571,910.00 551081106- 5315120 (Expense) $2,251,230.00 REVIEWED AND APPROVED BY: PLANNING & DEVETOPMENT DEPARTMENT STAFF REPORT Case Number: A.N.22-72 Application Type: Consumption on premise Liquor, Beer, Wine Business Name: Luxe Hearing Date: October !L,2O2Z Report Prepared By: Julietta H. Walton, Business License & Customer Service Manager Applicant: Denzel Lorry Property Owner: Zia Modjeska LLC Address of Propefi: 813 Broad Street Tax Parcel #: 037-3-114-00-0 Commission District: District: L Super District: g Background: New Ownership/Existing Location 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. ADD!T!ONAL 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. ' Location' The location for which the license is sought, as to traffic congestion, general characterof neighborhood, and the effect such an establishment would have on the adjacent surroundingproperty 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 theapplicant 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 thepolice powers of any governing authority has been previously suspended or revoked or who haspreviously 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. ' 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 Denial 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: The applicant will pay a pro-rated fee of 52,222.50. RECOMMENDATION: The Planning & Development approved the application subject to additional information not contradicting the a pplicant's statements. The Sheriffs Office approved the application subject to additional information not contradicting applica nt'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. Augusta-Ri chmond County l8l5 Marvin Griffin Road Augusta, GA 30906 ALCOHOL BEVERAGE APPLICATION Alcohol Number Year _ Alcohol Account Number l. Name of Business Luxe 2. Business Address 813 Broad Street3. City Augusta State Ge Zip 3oglo14. Business Phone ( 706 ) 504 - 6830 Home Phone (106_) 504 - 6830 5. Applicant Name and Address: Denzel Larry 147 Gustav Courl North Augusta, SC 29860 6. Applicant Social Security #D.O.B.7. If Application is a transfer, list previous Applicant: 8. Business Location: Map & Parcel 037-3-114-00{Zoning B-2 Gen. Bus. 9. Location Manager(s) Jasmine Johnson 10. ls Applicant an American Citizen or Alien laufrlly admitted for permanent residency?(x)Yes ( )No OWNERSHIP INTORMATION I l. Corporation (if applicable): Date Chartered; 5'2$22 12. Mailing Address: Name of Businsss Luxe Attention Denzel Larry Address 813 Broad Street citylsrilelzip Augusta, GA 30901 13. Ownership Type:14. Corporate Name: ( )Corporation (x) Partnership ( ) Individual Luxe Entertainment- LLC List name and other required information for each person having interest in this business. 15. What type of business will you operate in this location?( ) Restaurant (x) Lounge ( ) Convenience Store ( )PackageStore ( )Other: Total License Fee: S Prorated License Fee: (After July I ONLY) $- 16. Have you ever applied for an Alcohol Beverage License before: No lfso, give year ofapplication and its disposition: 17. Are you familiar with Georgia and Augusta-Richmond County laws regarding the sale of Name Position I SSNO #Address Interest Denzel Lanv Manager Manager 147 Gustav Ct. N. Augusta S so% lMlson Ctubum 664 Edde Street, Aiken SC 5006 License Information I.iormr Beer Wine Dance Sundav Sales Retail Packase Dealer ConsumDtion on Premises X X x Wholesale alcoholic beverages? (x ) Yes ( ) No If so, please initial. DL t8.Attach a passport-size photogmph (front view) taken within two yeaxs. Write name on back of the dealer submitting the license application. 19. Has any liquor business in which you hold, or have held, any financial interest, or are employed, or have been employed, ever been cited for any violation of the rules and regulations of Richmond County or the State Revenue Commission relating to the sale and distribution of distilled spirits? ( ) Yes (x) No Ifyes, give full details: 20.Have you ever been arrested, or held by Federal, State, or other law-enforcement authorities, for any violation of any Federal, State, County or Municipal law, regulation or ordinance? (Do not include traffic violations, with the exception of any offenses pertaining to alcohol or drugs.) All other charges must be included, even if they aredismissed. ( )Yes (x)No Ifyes, give reason charged or held, date and place where charged and its disposition. List owner or owners of building and property. Zia Moclieska LLC 22. List the name and other required information for each person, fimr or corporation having any interest in the business. Ifa new application, attach a surveyor's plat and state the straight line distance from the property line of school, church, library, or public recreation area to the wall of the building where alcohol beverages are sold. A.) Church 1,350Feet C.) School 1,350Feet B.) Library 2,000 Feel D.) Public Recreation 230 Feet 24.State of Ceorgi4 Augusta-Richmond County, I, Denzel Larry Do solemnly swear, subject to the penalties of false swearing, that the staternents and answers made by me as the applicant in the forgoing alcoholic beverage application are true. 25.I hereby certi! that l,)en is personally known to be, knew and understood all statements and answers made herein, and, under oath actually administered by me, has slA,om that said statements and answers are true. This I ? day of (,intheyeu ? )?-:L- Notary Public FOR OFFICE USE ONLY The Board of Commissioners on the _ day of (Approved, Disapproved) the forgoing application. 21. 23. VENUS BROWNNotrry Public, GeoroiaRichmond Countv'My Commission ExpiresOctober 13,2024 Department Recommendation Approve Deny Comments Alcohol Inspector Sheriff Fire Inspector Administrator Date in the year _ Commission Meeting Agenda 10/18/2022 2:00 PM Alcohol Application # A.N. 22-72 Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership/Existing Location: A.N. 22-72: A request by Denzel Larry for a consumption on premise Liquor, Beer & Wine License to be used in connection with Luxe located at 813 Broad Street. District 1. Super District 9.(Approved by Public Services Committee October 11, 2022) Background:This is a New Ownership Application. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee f $2222.50. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: PLANNING & DEVETOPMENT DEPARTMENT STAFF REPORT Case Number: A.N. 22-74 Application Type: Retail package Beer & Wine Business Name: Neighborhood Store Hearing Date: October LL,\OLZ Report Prepared By: Julietta H. Walton, Business License & Customer Service Manager Applicant: lleshkumor patel Property Owner: Sunni Middlebrooks Address of Property: 2849 Lumpkin Road Tax Parcel #: 084-3-204-00-0 Commission District: District: 5 Super District: 9 Background: New Ownership ANALYSIS: Location restrictions: zoning and proximity to churches, libraries, schools, and public recreation areas. o Zoning: B-1 (Neighborhood Business)Zone o Distance Requirements: The proposed location for retail package Beer & Wine meets the minimum distance location to churches, schools, libraries, and public recreation areas. ADDlTIONAI CONS!DERATIONS: . 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 or not 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 in order to prevent the violation of any law, regulation or ordinance relating to such business. . Location. 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 an Existing location.o 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.. 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 Denial 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. FINANCIAL IMPACT: The applicant will pay a pro-rated fee of 5665.00. 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 a pplicant'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. l. 2. 4. 5. Augusta-Richmond County 1815 Marvin Griffin Road Augusta, GA 30906 ALCOHOL BEVERAGE APPLICATION Alcohol Number Year - Alcohol Account Number Name of Business MAA LAXMI 2022LLC Business Address 2849 LUMPKIN ROAD City AIIGIISTA state GA Zip 30906 Business Phone (-aoa .) 333-4309 Home Phone (____J Applicant Name and Ad&ess:II trS}.IKI IMAR PATFI Attention Address CitylStatelZip Ownership Type: (X) Corporation ( ) Parhrership ( ) Individual Corporate Name: MAA LAXMI 2022 LLC Lisfname and other required information for each person having interest in this business. 15.What type of business will you operate in this location? ( ) Restaurant ( ) Lounge (X) Convenience Store ( )PackageStore ( )Other: Total License Fee: $ Prorated License Fee:(After July I ONLY) $ 16.Have you ever applied for an Alcohol Beverage License before: lf so, give year of application and its disposition: fue you lbmtttar wtth Georgia and Augusta-Richmond County laws regardin, alcoholic beverages? (X) Yes ( ) No If so, please initial' ) 6. 7. 8. 9. 3lOIARAlANE MCDONOUGH. GA.30253 Applicant Social Security # - D.O.B. If Application is a transfer, list previous Applicant: Business Location: Map & Parcel 084-3-204-00-0 Zoning COMMERCIAL LocationManager(s) LESHKUMARPATEI 10. Is Applicant an American Citizen or Alien lawfully admiued for perrnanent residency? (1)Yes ( )No OWNERSHIP INFORMATION Corporation (if applicable): Date Chartered: 0813012022 Mailing Address: Name of Business NETGHBORHoOD STORE 11. t2. 13. 14. il trs].{r(r lt\raR paTtrl 2849 LI.JMPKIN ROAD al tl?t lsTA GA 30qo6 Name Position ssNo #Address Interest ILESHKUMAR PATEL MEMBER I I 31O I ARA LN MCDONOGH A 30253 100% License Inforrnation I -inrror Beer Wine Dance Sunday Sales Retail Packase Dealer x x Consumption on Premises Wholesale 17. 18.Attach a passport-size photograph (front view) taken within two years. Write name on back of the dealer submitting the license application. Has any liquor business in which you hold, or have held, any financial interest, or are employed, or have been employed, ever been cited for any violation of the rules and regulations of Richmond County or the State Revenue Commission relating to the sale and disribution of distilled spirits? ( ) Yes (X) No If yes, give full details: Have you ever been arrested, or held by Federal, State, or other law-enforcement authorities, for any violation of any Federal, State, County or Municipal law, regulation or ordinance? (Do not include haffrc violations, with the exception of any offenses pertaining to alcohol or drugs.) All other charges must be included, even if they are dismissed. ( )Yes (x)No Ifyes, give reason charged or held, date and place where charged and its disposition. 22. 21. 23. List owner or owners of building and property. List the name and other required information for each person, firm or corporation having any interest in the business. ILESHKUMAR PATEL Ifa new application, attach a surveyor's plat and state the straight line distance from the property line of school, church, library, or public recreation area to the wall of the building where alcohol beverages are sold. A.) Church B.) Library C.) School D.) Public Recreation State of Georgia, Augusta-Richmond County, I, @ Do solemnly swear, subject to the penalties of false swearing, that the statements and answers made by me as the applicant in the forgoing alcoholic beverage application are 6.Ff'+€r- Applicant Signature 25.I hereby certify that __JLESHKIJMA&PAIEI is personally known to be, 19. 20. 24. that he/she signed his/her name to the foregoing application stating to me that he/she knew and understood all statements and answers made herein, and, under oath acfually administered bv me. has swom that said statements and answers are true. rhis 5l F dav of Autr,s,h . intheyear 2972- . The Board of Commissioners on the - day of (Approved, Disapproved) the forgoing application. FOR OFFICE USE ONLY Administrator Date in the year _ Commission Meeting Agenda 10/18/2022 2:00 PM Alcohol Application # A.N. 22-74 Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership/Existing Location: A.N. 22-74: A request by Ileshkumar Patel for a retail package Beer & Wine License to be used in connection with Neighborhood Store located at 2849 Lumpkin Road. District 5. Super District 9.(Approved by Public Services Committee October 11, 2022) Background:This is a New Ownership Application. Formerly in the name of Sunni Middlebrooks. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $665.00. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Order - MLA version 2021.08 Page 2 of 7 PROJECT SCOPE 1 GENERAL DESCRIPTION DOCUMENT SIZE Regular up to 11” x 17” and Large Format up to 42” wide, DEPARTMENT Community Development DOCUMENT TYPES General Files DOCUMENT COUNT Regular Format: 1,223; Large Format: 4,240 IMAGE COUNT Regular Format: 15,900; Large Format: 42,400 IMAGES PER DOCUMENT Regular Format: 13; Large Format: 10 DOCUMENT PREPARATION CURRENT STORAGE METHOD Boxes and Offsite Warehouse CONDITIONS OF DOCUMENTS Good IMAGE PROCESSING & INDEXING DPI & COLOR 300 DPI, Black & White NUMBER OF INDEX FIELDS Up to 3 Fields DOCUMENT NAMING CONVENTION Existing Template FIELDS TO BE INDEXED Same as existing template OPTICAL CHARACTER RECOGNITION Included on Regular Format IMAGE OUTPUT DELIVERY METHOD Secure FTP Transfer OUTPUT TYPE Laserfiche Briefcase MATERIAL HANDLING SHIPPING LOGISTICS MCCi Pickup SHIPPING & DELIVERY TERMS Up to 1 shipment (if job is broken up, volume pricing must be also) PHYSICAL DOCUMENTS Non-Secure Destruction Order - MLA version 2021.08 Page 3 of 7 PROJECT SCOPE 2 GENERAL DESCRIPTION DOCUMENT SIZE Regular up to 11” x 17” and Large Format up to 42” wide, DEPARTMENT Community Development DOCUMENT TYPES General Files DOCUMENT COUNT Regular Format: 1,223; Large Format: 4,240 IMAGE COUNT Regular Format: 15,900; Large Format: 42,400 IMAGES PER DOCUMENT Regular Format: 13; Large Format: 10 DOCUMENT PREPARATION CURRENT STORAGE METHOD Boxes and Offsite Warehouse CONDITIONS OF DOCUMENTS Good IMAGE PROCESSING & INDEXING DPI & COLOR 300 DPI, Black & White NUMBER OF INDEX FIELDS Up to 3 Fields DOCUMENT NAMING CONVENTION Existing Template FIELDS TO BE INDEXED Same as existing template OPTICAL CHARACTER RECOGNITION Included on Regular Format IMAGE OUTPUT DELIVERY METHOD Secure FTP Transfer OUTPUT TYPE Laserfiche Briefcase MATERIAL HANDLING SHIPPING LOGISTICS MCCi Pickup SHIPPING & DELIVERY TERMS Up to 1 shipment (if job is broken up, volume pricing must be also) PHYSICAL DOCUMENTS Non-Secure Destruction All estimates below have been provided and/or confirmed by Client. Both Parties agree that the Pricing defined herein is based on the Project Scope and the following assumptions. If documents are not as initially represented, additional charges will apply. MCCi will call for authorization to proceed with the project. Order - MLA version 2021.08 Page 4 of 7 MILESTONES, TASKS & DELIVERABLES Milestone TASKS / Deliverables #1: Project Kickoff Tasks: Client’s MCCi salesperson will set up a project kickoff call. During the kickoff call, the MCCi team will walk Client through the project scope and contract. Requirements, timeline, pickup and delivery, and other project specifics will be discussed with Client. Assumptions: MCCi may utilize Basecamp to communicate with Client on a regular basis about project progress, issues, etc. MCCi may not conduct Client kickoff for continuations of existing project(s). #2: Sample Sign-Off Tasks: Once Client documents are brought into MCCi facility and reviewed, the MCCi team will scan a sample of Client’s documents. MCCi will select settings based on the Project Scope, and to make sure Client’s documents are being digitized in a manner that preserves as much detail, clarity, and quality as possible. MCCi will deliver these sample scans to Client electronically for review. Once Client agrees that the sample scan quality is satisfactory, the MCCi team will proceed with the rest of the project. Assumptions: Sample scans may not be needed if MCCi and Client have previously worked on similar conversion projects together. Client will review sample scans within two (2) business days of receiving them from MCCi. #3: Scheduled Finished Product Delivery Deliverable: At regular intervals (typically monthly), the MCCi team will electronically deliver the digitized documents that were finished in the previous period. Assumptions: Billing will occur upon completion of this milestone. These documents will have gone through MCCi prepping, scanning, and quality control processes. The delivery schedule will vary based on the size and scope of project. #4 Physical Document Return Tasks: Once the last finished product delivery has taken place, Client’s documents will be returned in the fashion indicated in the Project Scope. Documents will continue to be treated with care until they are in Client’s possession. Client should review all returned documents to ensure all originals are back in their possession. If Client has chosen to have MCCi destroy their documents (as opposed to being returned), Client will receive written notification that the documents have been destroyed. Order - MLA version 2021.08 Page 5 of 7 PRICING 3717 Apalachee Parkway, Suite 201 Bill /Ship to: cdelaney@augustaga.gov Tallahassee, FL 32311 cc AP Contact: freeman@augustaga.gov; apinvoices@augustaga.gov 850.701.0725 850.564.7496 fax Quote Date: September 6, 2022 Quote Number: 25049 Project I of 2 – Conversion of Documents estimated cost $24,161.84 Excess Regular Format Images @ $0.43 Excess Large Format Images @ $1.59 Project 2 of 2 – Conversion of Documents estimated cost $24,161.84 Excess Regular Format Images @ $0.43 Excess Large Format Images @ $1.59 TOTAL ESTIMATED PROJECT COST $48,323.68 *Estimating 18.5 boxes with each project (37 boxes total) All Quotes Expire in 30 Days This is NOT an invoice. Please use this confirmation to initiate your purchasing process. BILLING SCHEDULE Deliverables will be billed monthly for work completed during the previous month. Client is responsible for all images processed by the MCCi project team. Any expected overages will be raised with Client before such overage is to occur so that Client can appropriately make arrangements to accommodate for the overages. SALES TAX Sales tax will be invoiced where applicable and is not included in the fee quote above. Order - MLA version 2021.08 Page 6 of 7 SCANNING ASSUMPTIONS The following assumptions serve as the basis for this SOW. Any service or activity not described in this SOW is not included in the scope of services to be provided. Variations to the following may impact this SOW’s cost and/or schedule and require a change order. DELIVERABLE ACCEPTANCE CRITERIA ▪ Both Parties acknowledge that the acceptance period noted herein is in conflict with the Master Agreement and the terms defined below take precedence. ▪ MCCi‘s delivery of a Deliverable to Client shall constitute that MCCi has conducted its own review and believes it meets Client’s requirements. ▪ Client shall then have the right to conduct its own review of the Deliverable as Client deems necessary. ▪ MCCi’s acceptable error rate will be less than 0.5% for the overall project, unless otherwise stated in writing. MCCi cannot be accountable for records not reflected in the original inventory report provided by Client. MCCi will correct only those valid discrepancies above the acceptable error rate reported within the Acceptance Period (defined below). ▪ If Client, in its reasonable discretion, determines that any submitted Deliverable does not meet the agreed upon expectations, Client shall have 30 days after MCCi delivers the Deliverable to Client (the “Acceptance Period”) to give written notice to MCCi specifying the deficiencies in reasonable detail. ▪ MCCi shall use reasonable efforts to promptly resolve any such deficiencies. ▪ Upon resolution of any such deficiencies, MCCi shall resubmit the Deliverable for review as set forth above. ▪ Notwithstanding the foregoing, if Client fails to reject any Deliverable within 30 days, such Deliverable shall be deemed accepted. GENERAL ▪ Charges apply on a per project basis and are dependent upon size and volume of documents. MCCi requires having the entire project in bulk, rather than in small quantities. Breaking the project into smaller quantities will affect the volume pricing, and additional charges per image may apply. A sample may be required prior to confirming large volume job pricing. ▪ Client agrees that the work described herein represents MCCi’s current best estimate and is subject to possible change due to circumstances beyond MCCi’s direct control and/or new or additional information discovered during the course of the project. Further, Client understands and acknowledges that MCCi’s ability to meet such work schedule is dependent upon, among other things, the accuracy of the assumptions and representations made by Client, the timeliness of Client business decisions, and the performance of Client and Client’s vendor personnel in meeting their obligations for this project and in accordance with this Order. ▪ MCCi maintains partnerships for the purpose of offering additional capacity and flexibility in meeting Client expectations. In the event partners are used for a project, the management and support of the project will be handled directly by MCCi. Physical documents will never leave the United States, but our partners may utilize offshore resources to handle document indexing, quality control, and other processes. ▪ Through the course of this project, MCCi may choose to utilize the third-party service Basecamp (http://www.basecamp.com) for project management and team collaboration. Documentation and correspondence exchanged between MCCi and Client may be stored in Basecamp. DOCUMENTS ▪ Client understands that MCCi will process every image supplied to MCCi by Client as furnished. Client is responsible for removing any documents before shipping to MCCi for processing. Order - MLA version 2021.08 Page 7 of 7 ▪ Client will furnish MCCi with all hardcopy/electronic documents for its use in preparing the document imaging project for conversion. Upon completion of scanning, MCCi will return the documents to the Client in the order as received from Client but not placed back into their file folders/envelopes or re-prepped unless specifically stated otherwise in the Project Scope. ▪ Client is required to package all materials per MCCi’s instructions prior to shipment/delivery of materials to MCCi’s facility. If Client chooses to utilize MCCi’s pickup and delivery service (offered in select states), pricing is based on picking up the entire project described in the scope of services in one (1) shipment. At the time of updating or if additional trips are required due to Client not having all the documents ready for pick up, additional charges will be applied. If Client chooses to ship via a certified carrier, Client incurs all shipping costs. DOCUMENT & DATA STORAGE ▪ MCCi’s facilities contain secure rooms for hardcopy “work in progress” document storage. MCCi will arrange for the return of hardcopy documents to Client after completion of scanning. If documents reside at MCCi facilities for a period longer than 90 days after converted electronic data is delivered to Client, storage charges of $2.50 per cubic foot per month will apply. ▪ MCCi is not responsible for maintaining a copy of Client data, with the exception of clients who subscribe to MCCi’s Online Document Hosting Services. MCCi periodically reviews and deletes Client data from previous projects. The timing of the periodic review and deletion of data is at MCCi’s discretion. If Client requires MCCi to delete copies of its data prior to MCCi’s standard process of deleting data, Client is responsible for submitting an official request in writing and for obtaining confirmation of data deletion. LASERFICHE Laserfiche system clients with a pre-existing template are required to supply MCCi with a Laserfiche Briefcase of their current folder/template structure, prior to each scanning project. LIMITED LIABILITY If the Master Agreement is silent on each Parties’ limited liability, liability is limited to the amount of dollars received by MCCi directly associated with this Order. SCANNING ORDER Order - MLA version 2021.08 Page 1 of 7 Quote 25049 (the “Order”) is entered into as of _________________, (“Order Effective Date”), by and between MCCi and Client and is hereby incorporated into the Master Agreement and made a part thereof. If there is any conflict between a provision of the Master Agreement and this Order, the Master Agreement will control. Any capitalized terms not otherwise defined herein shall have the meaning set forth in the Master Agreement. This Order supersedes any previous quote or proposals received. IN WITNESS WHEREOF, the Parties hereto have caused this Order to be executed by their respective duly authorized representatives as of the Order Effective Date. MCCi, LLC (“MCCi”) CITY OF AUGUSTA (“Client”) Signed: __________________________ Signed: ___________________________ Name: ___________________________ Name: ____________________________ Title: ____________________________ Title: _____________________________ Date: ____________________________ Date: _____________________________ Commission Meeting Agenda 10/18/2022 2:00 PM Digitizing and Indexing Historic Building Plans Department:Planning and Development Department:Planning and Development Caption:Motion to approve request to enter Phase VI contract with MCCi, LLC as a sole source vendor for the amount of ‘not to exceed $100,000.00’ for the purpose of digitizing and indexing historic building plans. (Approved by Public Services Committee October 11, 2022) Background:The State record retention code requires that building plans be retained for the life of the structure. We had approximately twenty-five years of building plans stored in the attic of the building at 1815 Marvin Griffin Road when we began Phase I of this project. The plans have deteriorated over the years because of the exposure to the humid environment when the plans were stored at the old License & Inspection office at 1815 Marvin Griffin Road. More plans were found at the Jewish Synagogue and Telfair offices. This project aims to have the building plans scanned into a database where they can be stored and easily accessed. Analysis:The Information Technology Department is working with the Planning & Development Department on the conversion and indexing service to migrate paper building plans to a digital format. The Planning & Development Department / Building Division 2022 Budget includes funds for this project. In 2017, the Planning Department began the scanning project using MCCi because of their established vendor relationship within the Procurement Department and the Information Technology Department. Approximately 249,197 pages have been scanned in Phases I, II, III, IV, & V at a total cost of approximately $195,000. The last contract with MCCi was approved in June 2021 for an amount not to exceed $85,000.00. Planning anticipates this being the closeout of the required building plan retention. Financial Impact:Not to exceed $100,000. Funding is allocated in the 2022 budget under Data Processing. Alternatives:Risk historic plans and data deteriorating. Recommendation:The Planning and Development department is recommending approval. Funding is already allocated in the 2022 budget under Data Processing (217072210-5213110). Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: PLANNING & DEVETOPMENT DEPARTMENT STAFF REPORT Case Number: A.N.22-75 Application Type: Retail Package Beer & Wine Business Name: Aman Food Mart Hearing Date: October Lt,2OZz Report Prepared By: Julietta H. Walton, Business License & Customer Service Manager Applicant: Shovo Dhakal Propefi Owner: Big Apple Properties, LLC Address of Propertyz 2078 Old Savannah Road Tax Parcel#: O87-2-OL2-OL-OL Commission District: District: 2 Super District: 9 Background: New Ownership 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 retail package Beer & Wine meets the minimum distance location to churches, schools, libraries, and public recreation areas. ADDITI ONAt CONSI DERATIONS: . 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 Iaws. lf the applicant is a previous holder of a license to sell alcoholic liquors, whether or not 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 in order to prevent the violation of any law, regulation or ordinance relating to such business. . Location. 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 an Existing Location.o 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 Denial 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: The applicant will pay a pro-rated fee of 5555.00. 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. Augusta-Richmond County Planning & Development Department 1803 Marvin Griffin Road Augusta, GA. 30906 ALCOHOL BEVERAGE APPLICATION Alcohol Number 1. 2. 3. 4. 5. 6. '7. Name of Business Business Address Applicant Social Security # _ z_ D.O.B IfApplication is a transfer, list prevrous Applicant: 10. 8. 9. Business Locdtion: Map & Parcel Zoning Location Manager(s) Is Agplicant an American Citizen or Alien lawfutly admitted for permanent residency?(V)&es( )No OWNERSHIP INFORMATION Corporation (if applicable): Date Chartered: Mailing Address: Attention Address ( ) Partnership ( ) Individual Corporate Name: List name and other required information for each person having interest in this business I l. 12. 13 14 15. ( )Restaurant-Limited ( )PackageStore ( )Hvbrid( ) Other: Prorated License Fee: (After July I ONLY) $ 16.Have you ever applied for ariAlcohot Beverage License before: lfso, give year ofapplication and its disposition: City *u*rt|d-ft- Srate Q* - 7ip Business Ph<ine(Foa ) 5i2tr trEl'sf' HomePhone(__J_ S*1/'tl ,A*r^^ ,Jtil il"* City/State/Zip k Ownership Type: ( u)rCorporation WhaJ type of business will you operate in this locationZ( ) Restaurant - Full ( ) Lounge (pldonvenience Store ApplicantNameandAddress: S'HOYA DHA+*{_ Name Position ssNo#Address Interesl / no.l(UnV* hUN/A)0lAlNPt 45oo lrYRlnMu-|. hq'i.7lz- . Aud.lLtr+.ktr- 3o.)ot ,icense fnfnrmation Li(rilor Re.tr \tr/ine t ance tetail Packaee Dealer \-/t/ Vhblesale Total License Fee: S 17. Are you familiar with Cegggia and Augusta-Richmond County laws regarding the sale of alcoholic beverages? (lzJYes ( ) No If so, please lu;tttial a _ E) . 19. Has any liquor business in which you hold, or have held, any financial interest, or are employed, or have been errployed, ever been cited for any violation of the rules and regulations of Augusta=-Richmond County or the State Revegpe Commission relating to the sale and distribution of distilled spirits? ( ) Yes (1,)21.{o Attach a passport-size photograph (front view) taken within two years. Write name on back of the dealer submitting the license application. If yes, give full details: Have you ever been arrested, or held by Federal, State, or other law-enforcement authorities, for any violation of any Federal, State, County or Municipal law, regulation or ordinance: (Do not include traflic violations, with the exception of any offenses pertaining to alcohol or drugs). Allpther charges must be included, even if they are dismissJ. ( )Yes (U{G Ifyes, give reason charged or held, date and place where charged and its disposition. 21. 22. 23. 24. List owner or owners ofbuilding and property. Ifa new application, attach a surveyor's plat and state the straight line distance from the property line of school, church, library, or public recreation area to the wall of the building where alcohol beverages are sold. A) Church C) School 20. B) Library - D) Public Recreation - St"t" of Georgi4 August"-Ri"hmond County ,1, I H oT*' D H HzN Do solemnly sear, subject to the penalties of false swearing, that the statements and answers made by me as the applicant in the forgoing alcoholic beverage application are true. 25. Iherebycertifothat The Board of Commissioners on the - day of (Approved, Disapproved) the forgoing application administered bv me. has sworn that said statements and answers are true. This !6r1day of 8,+da$o/ , in the year 2nZZ @mz =rn in the year _ List the n.rme and other required information for each person, firm or corporation having any interest in the business. is personally known to be, Administrator Date Commission Meeting Agenda 10/18/2022 2:00 PM Alcohol Application # A.N. 22-75 Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership/Existing Location: A.N. 22-75: A request by Shova Dhakal for a retail package Beer & Wine License to be used in connection with Aman Food Mart located at 2078 Old Savannah Road. District 2. Super District 9.(Approved by Public Services Committee October 11, 2022) Background:This is a New Ownership Application. Formerly in the name of Aftab Malik. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $665.00. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 10/18/2022 2:00 PM Lease Agreement with Augusta National for parking lot usage Department:Parks and Recreation Department:Parks and Recreation Caption:Motion to approve entering into a lease agreement with the Augusta National, Inc. for the usage of the parking lot at Eisenhower Park during Masters week with the first year to be $3,750.00.(Approved by Public Services Committee October 11, 2022) Background:Augusta entered into a lease agreement with the Augusta National, Inc. in 2018. The agreement is expiring in 2022. The new agreement has a three- year term with two one-year renewal options. Analysis:The agreement provides the means to charge the Augusta National for the usage of the parking lot at Eisenhower Park during Masters week. Financial Impact:Augusta will receive $5,000 per annum for usage of the parking lot. Alternatives:1. To move to approve. 2. To move to no action. Recommendation:1. To move to approve. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: ORDINANCE NO. _________ AN ORDINANCE TO ADOPT GEORGIA STATE MINIMUM STANDARD CODES FOR TINY HOUSES WHEREAS, the Georgia State Minimum Standard Codes for Construction promote the life, health, safety and general welfare of all citizens, and; WHEREAS, said Codes are also designed to protect the property of all citizens, and; WHEREAS, it is the desire of Augusta-Richmond County Commission to adopt and enforce, in all respects, certain appendices of the various Georgia State Minimum Standard Codes for Construction, therefore; BE IT ORDAINED by the Augusta-Richmond County Commission, and it is hereby ordained by authority of the same as follows: SECTION 1. It is the intent of Augusta, Georgia to adopt and enforce International Residential Code, 2018, Georgia State Amendments, Appendix Q “Tiny Houses,” as adopted and amended by the Georgia Department of Community Affairs, and is hereby adopted by reference as though it was copied herein fully. SECTION 2. This ordinance shall become effective upon adoption. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED, ADOPTED, SIGNED, APPROVED AND EFFECTIVE this ____ day of ____________, 2022 (SEAL) AUGUSTA, GEORGIA By:______________________ Hardie Davis, Jr. Attest: Mayor ___________________________ Clerk of Commission STATE OF GEORGIA RICHMOND COUNTY FIRST READING __________ SECOND READING __________ CLERK’S CERTIFICATE I, LENA J. BONNER, Clerk of Commission, DO HEREBY CERTIFY that the foregoing pages constitute a true and correct copy of an ordinance adopted by the Augusta-Richmond County Commission (“the Commission”) at an open public meeting duly called and lawfully assembled at 2:00 P.M., on the ____ day of _________, 2022, in connection with the foregoing ordinance, that such ordinance has not been modified or rescinded as of the date hereof, and the original of such ordinance being duly recorded in the Minute Book of the Commission, which Minute Book is in my custody and control. I do hereby CERTIFY that there was a quorum of the Commissioners present at such meeting, and that such ordinance was duly adopted by the pursuant to the constituting and governing laws of the Augusta-Richmond County Commission. Witness my hand and the official seal of Augusta, Georgia this ____ day of __________, 2022. (SEAL) ____________________ Lena J. Bonner Clerk of Commission *Add new APPENDIX Q ‘TINY HOUSES’ to read as follows: APPENDIX Q TINY HOUSES (The provisions contained in this appendix are not mandatory unless specifically referenced in the adopted ordinance.) SECTION AQ101 GENERAL AQ101.1 Scope. This appendix shall be applicable to tiny houses used as single dwelling units. Tiny houses shall comply with this code except as otherwise stated in this appendix. APPENDIX AQ102 DEFINITIONS AQ102.1 General. The following words and terms shall, for the purposes of this appendix, have the meanings shown herein. Refer to Chapter 2 of this code for general definitions. EGRESS ROOF ACCESS WINDOW. A skylight or roof window designed and installed to satisfy the emergency escape and rescue opening requirements in Section R310.2. LANDING PLATFORM. A landing provided as the top step of a stairway accessing a loft. LOFT. A floor level located more than 30 inches (762 mm) above the main floor, and open to it on at least one side with a ceiling height of a maximum of 5 feet, used as a living or sleeping space. TINY HOUSE. A dwelling that is 400 square feet (37 m2) or less in floor area excluding lofts. SECTION AQ103 CEILING HEIGHT AQ103.1 Minimum ceiling height. Habitable space and hallways in tiny houses shall have a finished ceiling height of not less than 6 feet 8 inches (2032 mm). Bathrooms, toilet rooms and kitchens shall have a ceiling height of not less than 6 feet 4 inches (1930 mm). Obstructions shall not extend below these minimum ceiling heights including beams, girders, ducts, lighting and other obstructions. Exception: Ceiling heights in lofts are permitted to be less than 6 feet 8 inches (2032 mm) a maximum of 5 feet (1524 mm). SECTION AQ104 LOFTS AQ104.1 Minimum loft area and dimensions. Lofts used as a sleeping or living space shall meet the minimum area and dimension requirements of Sections AQ104.1.1 through AQ104.1.3. AQ104.1.1 Minimum area. Lofts shall have a floor area of not less than 35 square feet (3.25 m2). AQ104.1.2 Minimum dimensions. Lofts shall be not less than 5 feet (1524 mm) in any horizontal dimension. AQ104.1.3 Height effect on loft area. Portions of a loft with a sloped ceiling measuring less than 3 feet (914 mm) from the finished floor to the finished ceiling shall not be considered as contributing to the minimum required area for the loft. Exception: Under gable roofs with a minimum slope of 6:12, portions of a loft with a sloped ceiling measuring less than 16 inches (406 mm) from the finished floor to the finished ceiling shall not be considered as contributing to the minimum required area for the loft. AQ104.2 Loft access. The access to and primary egress from lofts shall be any type described in Sections AQ104.2.1 through AQ104.2.4. AQ104.2.1 Stairways. Stairways accessing lofts shall comply with this code or with Sections AQ104.2.1.1 through AQ104.2.1.6. AQ104.2.1.1 Width. Stairways accessing a loft shall not be less than 17 inches (432 mm) in clear width at or above the handrail. The minimum width below the handrail shall be not less than 20 inches (508 mm). AQ104.2.1.2 Headroom. The headroom in stairways accessing a loft shall be not less than 6 feet 2 inches (1880 mm), as measured vertically, from a sloped line connecting the tread or landing platform nosings in the middle of their width. AQ104.2.1.3 Treads and risers. Risers for stairs accessing a loft shall be not less than 7 inches (178 mm) and not more than 12 inches (305 mm) in height. Tread depth and riser height shall be calculated in accordance with one of the following formulas: 1. The tread depth shall be 20 inches (508 mm) minus 4/3 of the riser height, or 2. The riser height shall be 15 inches (381 mm) minus 3/4 of the tread depth. AQ104.2.1.4 Landing platforms. The top tread and riser of stairways accessing lofts shall be constructed as a landing platform where the loft ceiling height is less than 6 feet 2 inches (1880 mm) where the stairway meets the loft. The landing platform shall be 18 inches to 22 inches (457 to 559 mm) in depth measured from the nosing of the landing platform to the edge of the loft, and 16 to 18 inches (406 to 457 mm) in height measured from the landing platform to the loft floor. AQ104.2.1.4.1 Landing platform guards. Guards at the open side of landing platforms shall comply with Section R312.1 or shall be at least as high as the loft guard; whichever is greater. AQ104.2.1.5 Handrails. Handrails shall comply with Section R311.7.8. AQ104.2.1.6 Stairway guards. Guards at open sides of stairways shall comply with Section R312.1. AQ104.2.2 Ladders. Ladders accessing lofts shall comply with Sections AQ104.2.2.1 and AQ104.2.2.2. AQ104.2.2.1 Size and capacity. Ladders accessing lofts shall have a rung width of not less than 12 inches (305 mm), and 10 inches (254 mm) to 14 inches (356 mm) spacing between rungs. Ladders shall be capable of supporting a 300-pound (136 kg) load on any rung. Rung spacing shall be uniform within 3/8 inch (9.5 mm). AQ104.2.2.2 Incline. Ladders shall be installed at 70 to 80 degrees from horizontal. AQ104.2.3 Ships ladders. Ships ladders accessing lofts shall have a minimum tread depth of 5 inches (127 mm). The tread shall be projected such that the total of the tread depth plus the nosing projection is no less than 8 1/2 inches (216 mm). The maximum riser height shall be 9 1/2 inches (241 mm). Handrails shall be provided on both sides of ship ladders and shall comply with Section R311.7.8. Handrail height shall be uniform, not less than 30 inches (762 mm) and not more than 34 inches (864). The clear width at and below handrails shall be not less than 20 inches (508 mm). Compliant ship ladders may also access additional stories of a tiny house. AQ104.2.4 Loft guards. Loft guards shall be located along the open side of lofts. Loft guards shall not be less than 36 inches (914 mm) in height or one-half of the clear height to the ceiling, whichever is less, but no less than 18 inches. SECTION AQ105 EMERGENCY ESCAPE AND RESCUE OPENINGS AQ105.1 General. Tiny houses shall meet the requirements of Section R310 for emergency escape and rescue openings. Exception: Egress roof access windows in lofts used as sleeping rooms shall be deemed to meet the requirements of Section R310 where installed such that the bottom of the opening is not more than 44 inches (1118 mm) above the loft floor, provided the egress roof access window complies with the minimum opening area requirements of Section R310.2.1. SECTION AQ106 SMOKE AND CARBON MONOXIDE DETECTORS AQ106.1 SMOKE AND CARBON MONOXIDE DETECTORS. Smoke and carbon monoxide detectors shall be installed as required in Sections R314 and R315 and on the ceiling directly underneath any loft and just below the highest point of any loft. (Effective January 1, 2020) End of Amendments. Commission Meeting Agenda 10/18/2022 2:00 PM Tiny House Construction: Adopt Georgia State Minimum Standard Codes for Tiny Houses Department:Planning & Development Department:Planning & Development Caption:Motion to approve amending the code for Tiny House Construction: Adopt Georgia State Minimum Standard Codes for Tiny Houses. (Approved by Administrative Services Committee October 11, 2022) Background:The Tiny House Ordinance was adopted on August 2, 2022 and as part of the enforcement, the county must adopt the Georgia State Amendments, Appendix Q of the 2018 International Residential Code. Analysis:Appendix Q sets forth the official building criteria for tiny houses regarding features such as compact stairs, handrails, headroom, ladders, reduced ceiling heights in lofts, and guard and emergency escape and rescue opening requirements. Financial Impact:NA Alternatives:The permitting of tiny houses would be impacted if not approved. Recommendation:Motion to Adopt Georgia State Minimum Standard Codes for Tiny Houses. Respectfully, request to waive the 2nd reading. Funds are Available in the Following Accounts: NA REVIEWED AND APPROVED BY: PTANNING & DEVETOPMENT DEPARTMENT STAFF REPORT Case Number: A.N.22-73 Application Type: Retail package Beer & Wine Business Name: Lotto World #15 Hearing Date: October lL, ZO2Z Report Prepared By: Julietta H. Walton, Business License & Customer Service Manager Applicant: Deep Potel Property Owner: OK Park INC Address of Propertyz 2502 Lumpkin Road Tax Parcel #: 097-3-253-01-0 Commission District: District: 5 Super District: 9 Background: New Ownership 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 retail package Beer & Wine meets the minimum distance location to churches, schools, libraries, and public recreation areas. ADDIT!ONAL CONS! DERATIONS: o 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 or not 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 in order to prevent the violation of any law, regulation or ordinance relating to such business. ' Location. 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 an Existing Location.o 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.. 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 Denial 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: The applicant will pay a pro-rated fee of S00S.OO. 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. 1. 2. 3. 4. 5. Augusta-Richmond County Planning & Development Department 1803 Marvin Griffin Road Augusta, GA. 30906 ALCOHOL BEVERAGE APPLICATION Alcohol Number Year Alcohol Account Numb ", JOJZ- /{2 r' Name of Business Business Address City Zip 3oqot" )Home Phone (__J Applicant Name and Address: Applicant Social Security # If Application is a transfer, hDr pretnous Applicant: Prorated License Fee: (After July I ONLY) g + 10. 6. 7. ll. 12. 13. 14. 15. 16.Have you ever applied for an Alcohol Beverage License before N 0If so, give year of application and its disposition: Is ABplicant an American citizen or Alien lawfully admitted for permanent residency?(9&es( )No OWNERSHIP INFORMATION Corporation (if applicable): Date Chartered' Laf.y,..i t b LUL B I ZZf ZZMailing Address: Name of Business Attention Address Uwnershrp'fype: (tz) Corporation -( ) partnership ( ) IndividualCorporateName: Lqffn\ \( LLL_ List name and other required information for eactrffi What type of business will you operate in this locatiof*/( )Restaurant-Full ( )tounge (VfConvenienceStore( )Restaurant-Limited ( )packageStore ( )Hybrid( ) Other: Name Position SSNO#Address Interest De<o Po\.\Durnrn--. .. I bttb 6?-r.rld Arltff ,Fuaht, aia aol^l I too./ ,icense Information Lrouof Retr Wrne I )rnce DUtrOaV JIUeSletail Packase Dealer -:onsumDtlon on Premises Vholesale Total License Fee: $ 17. Are you familiar with CggrrBia and Augusta-Richmond County laws regarding the sale ofalcoholic beverages? (tzj Yes ( ) No If so, please initiat ,\ .P. - 18.Attach a passport-size photograph (front view) taken within two years. Write name on back of the dealer submitting the license application. If yes, give full details: Have you ever been arrested, or held by Federat, State, or other law-enforcement authorities, for any violation of any Federal, State, County or Municipal law, regulation or ordinance: (Do not include traffic violations, with the exception of any offenses pertaining to alcohol or drugs). All other chargEs must be included, even if they are dismissed. (vy'Yes ( )No Ifyes, give reaso! charged o-r held, date-and place where charged and its disposition. List owner owners ofbui If a new application, attach a surveyor's plat and state the straight line distance from the property line of school, church, library, or public recreation area to the wall of the buitding where alcohol beverages are solil. A) Church B) Library C) School D) Public Recreation Has any liquor business in which you hold, or have held, any financial interest, or are ernployed, or have been employed, ever been cited for any violation of the nrles and regulations of Augusta=-fuchmond County or the State Reve,ytue Commission relating to the sale and distribution of distilled spirits? ( ) Yes ( ,,/ No 20. crA 2t. 22. List the ftlme and other required information for each person, firm or corporation having any interest in the business. , 23. 24.State of Georgia, Augusta-Richmond County, I, l[ra<-Q Pqr:c-\ Do solemnly sear, subject to the penalties of false swearing', that the staternents and answers made by me as the applicant in the forgoing alcoholic beverage application are true. 25. t hereby certify is personally known tq.be, That he/she signed hiJhe6amSto the forgoing allocation stating to me that hdshe knew The Board of Commissioners on the - day of (Approved, Disapproved) the forgoing application in the year _ and understood all statements and answers made herein, and, under oartt*ttuatty administeredbyme,hasswo.mthatsaidstaternentsandanswersaretrue.i,-.admrnlstered bv me. has swom tnat sald statements ano answers are lrue. i , iw" l9 auv ot ' 4 zc d - , . nthe year 72.{ ?-.3, Administrator Date Commission Meeting Agenda 10/18/2022 2:00 PM Alcohol Application # A.N. 22-73 Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership/Existing Location: A.N. 22-73: A request by Deep Patel for a retail package Beer & Wine License to be used in connection with Lotto World #15 located at 2502 Lumpkin Road. District 5. Super District 9.(No recommendation from Public Services Committee October 11, 2022) Background:This is a New Ownership Application. Formerly in the name of Hy Ja Lee. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $665.00 Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: OFFICIAL VENDORS Blanchard Equipment Company 4266 Belair Frontage Rd. Augusta, GA 30909 J&B Tractor 3585 Mike Padgett Hwy Augusta, GA 30906 Bobcat of Augusta 2803 Wylds Rd. Augusta, GA 30909 AG-Pro Conyers 1377 Dogwood Dr. SW Conyers, GA 30012 Yancey Bros. Co 4165 Mike Padgett Hwy Augusta, GA 30906 Attachment B Yes Yes Yes Yes Yes E-Verify Number 72760 515905 705362 675168 146813 SAVE Form Yes Yes Yes Yes Yes 14.01 Heavy Duty Rotary Cutter $8,200.00 $7,905.00 $7,295.00 $8,500.00 $13,491.00 Year:2023 2022 2022 2023 2022 Make:John Deere Kubota Bobcat John Deere CAT Model:331G SVL97-2 T770 333G 299 D3 Total Bid Price $82,150.00 $69,390.00 $85,890.00 $83,638.00 $107,901.00 Approximate Delivery Time: 8 Months 90-180 Days 120-150 Days 180 Days or Less 6 Months Bid Opening - Bid Item #22-264 Compact Tracked Steer Loader Central Services – Fleet Management Bid Due: Friday, July 8, 2022 @ 11:00 a.m. BIDDER OFFER Total Number Specifications Mailed Out: 16 Total Number Specifications Download (Demandstar): 3 Total Electronic Notifications (Demandstar): 30 Georgia Registry: 315 Total packages submitted: 5 Total Non-Compliant: 0 14.00 Optional Attachments Page 1 of 1 TO: THROUGH: FROM: DATE: SUBJECT: Z. ."9**:#":":,"."ces DePartment A Laquona C. sanderson,Interim Fleet Manager ,#iY:f5t#::: Augusta GA 30904 Phone p06) 821-2892 MEMORANDUM Geri Sams, Director, Procurement Department pkjg;lnterim Directo r, Central S ervices Dep artment . Sanfersonr lnterim Fleet Manager, Central Services Departmenf Fleet Management Division Ju.ly 18,2022 Recommendation for Bid #22-264- compact Tracked steer Loader Fleet Management would like to recommend the award of bid # 22-264,to J & B Tractor ofAugustq GA. The vendor's submission met the requirements of the bid, provided all the accessories/options requested, and was the lowest price bid offered. Please advise this office upon completion of notifications so that we may proceed with the acquisition process. If you need further information or if you have any questions regarding this recommendation, please contact the Fleet Managernent Office at706-g2l-2gg2. LCS/ams Commission Meeting Agenda 10/18/2022 2:00 PM 2022 Compact Tracked Steer Loader ITB 22-264 Department:Central Services Department:Central Services Caption:Motion to approve the purchase of one 2022 Kubota SLV97-2 Compact Tracked Steer Loader at a total cost of $77,295.00 to include the optional heavy duty rotary cutter attachment from J & B Tractor of Augusta, GA (Bid 22-264) for the Richmond County Sheriff’s Office-Training Range. (Approved by Administrative Services Committee October 11, 2022) Background:The Richmond County Sheriff’s Office-Training Range is requesting to purchase the equipment for land maintenance of the Training Range in lieu of continuously borrowing assets from the landfill. The acres of land requiring land maintenance is the Training Range, South Precinct, Special Operations Precinct. Analysis:The Procurement Department published a competitive bid using the Demand Star application for a Compact Utility Tractor. Invitations to bid were mailed out to 16 vendors to include eight (8) local vendors and received a total of five (5) responses. J & B Tractor of Augusta, GA offered the lowest compliant bid and provided all the necessary specifications for the requested equipment. Bid 21-264: Compact Tracked Steer Loader: 2022 Kubota SLV97-2 – J & B Tractor: $77,295.00 (Augusta, GA) 2022 John Deere 3331G – Blanchard Equipment: $90,350.00 (Augusta, GA) 2023 John Deere 333G – AG-Pro: $92,138.00 (Conyers, GA) 2022 Bobcat T770 – Bobcat of Augusta: $93,185.00 (Augusta, GA) 2022 Cat 299D3 – Yancey Brothers: $121,392.00 (Augusta, GA) Financial Impact:One asset at $77,295.00 using Capital Outlay Fund account; 272-03- 1410/54-21110 Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Motion to approve the purchase of one 2022 Kubota SLV97-2 Compact Tracked Steer Loader at a total cost of $77,295.00 from J & B Tractor of Augusta, GA (Bid 21-264) for the Richmond County Sheriff’s Office- Training Range. One asset at $77,295.00 using Capital Outlay Fund account; 272-03- 1410/54-21110 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 10/18/2022 2:00 PM 2022-29-08 Proposed Gold Cross Contract Department:Augusta Commission Department:Augusta Commission Caption:Motion to approve the following items regarding the Gold Cross contract; 1) remove the ORV for Gold Cross 2) set the term of the contract for three years with two one-year renewal terms approved by the Commission; 3) remove the six months for Gold Cross to come into compliance for ambulances or ORV's with compliance to be from the first day of the contract; 4) remove the provision for Gold Cross to subcontract any part of this contract out; 5) pay for the subsidy on a monthly basis, starting the contract on January 1, 2023 6) and provide a subsidy of $900,000 to Gold Cross. (Approved by Administrative Services Committee October 11, 2022) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: IPG, INCORPORATED A R C H I T E C T S & P L A N N E R S 807 Northwood Park Drive • Valdosta, Georgia 31602 • (229) 242-3557 E-mail: mail@ipgarchitects.com http://www.ipgarchitects.com 2233 Attn: procbidandcontract@augustaga.gov Nancy Williams, Contract Compliance Administrator Procurement Department NWilliams@augustaga.gov 535 Telfair Street, Room 605 Augusta, GA 30901 RE: 22-272 Design Services for New 250 bed Richmond County Correctional Institution Nancy, As requested, please find IPG’s fee proposal below based upon the $11 Million project budget. We understand our charge shall be to design a new Medium Level Security RCCI on the existing site. IPG’s fees shall be broken down with Part 1 and Part 2 delineated within the same contract as follows: PART 1: Pre-Design $82,500 Programming, Master Planning, Concept Design, Cost estimate and Schematic Design. IPG will investigate options and alternatives culminating with proposed Site Plan, Floor Plan, Elevations, and Project Rendering. At the end of this exercise, should the budget need to be amended during the project IPG reserves the by Richmond County Duration: 2 months PART 2: Design Development, Construction Documents, Bidding/Negotiating & Construction Administration 7% Fee This project falls into the TYPE IV/TYPE V complexity range, Exhibit “E” which indicates a Fee Range of 6.8% to -7.5% less additional services pursuant to Pre-Design. We understand the IPG Team will build upon the decisions made in PART 1 and would continue the work after Schematic / Master Planning Approval. The Fee shall be broken down in the following Percentages and timelines: Design Development 30% $231,500 Duration: 3 months Construction Documents 40% $308,000.00 Duration: 4 months State/Local Approvals + Bidding/Negotiating 10% $77,000.00 Duration: 2 months Construction Administration 20% $154,000.00 Duration: 24 months _______________________________________________________________________________________________ TOTALS – * 35 months PART 1 & PART 2 100% $770,000.00 + $82,500.00 = $852,500 (AG. fee 7.75%) IPG would request a Not to Exceed Reimbursable allowance to be placed at $36,000. This would only be for per- approved expenses, printing, travel, sustenance, shipping-if required, and permitting fees should we need to expedite NOTE: * IPG is committed to meeting your schedule should their need to be revisions. IPG will coordinate with SPLOST Funding requirements. IPG, INCORPORATED A R C H I T E C T S & P L A N N E R S 807 Northwood Park Drive • Valdosta, Georgia 31602 • (229) 242-3557 E-mail: mail@ipgarchitects.com http://www.ipgarchitects.com 2233 PART 1 and PART 2 can be placed within two different contracts as follows: 1. Exhibit “B” - AIA - B101 (Typical Design, Bid, Build Owner Architect agreement) This contract allows for the design to be complete and put out to the low bidder. 2. Exhibit “C” - AIA B133 (Owner Architect and Construction Manager (CM) as the Contractor) Contracts. This contract is for a CM@Risk Delivery method which allows the CM as contractor to come on board as soon as possible through a competitive selection process. The CM will then take part in closing out the design process, vetting costs, options, and alternatives real time and can help get the project moving quicker toward construction. NOTE: a. Richmond County’s NEW General conditions, Exhibit “A” can be added as an Exhibit to either contract. b. Both AIA Contracts share the same AIA 201 – General Conditions. Exhibit “D” In closing, we appreciate the opportunity to work with Richmond County on this very important project. Please feel free to reach out with any questions and concerns. Sincerely, IPG, Incorporated Robert F. Evans Jr., AIA, NCARB Copy to: A-1 (2233) Dean Rexroth, AIA, NCARB IPG WAGE RATE SCHEDULE - 2022 Principal Consultant $200.00/ hour Senior Architect / Project Manager $180.00/ hour Registered Architect/Engineer $150.00/ hour Intern Architect/Engineer $ 135.00/ hour Senior Draftsman $ 70.00/ hour Draftsman $ 50.00/ hour Computer Services $ 50.00/ hour Clerical Services $ 40.00/ hour EXHIBIT "1" Request for Qualifications Request for Qualifications will be received at this office until Wednesday, July 27, 2022 @ 11:00 a.m. via ZOOM Meeting ID: 828 8582 6725; Passcode: 328292 for furnishing: RFQ Item #22-272 Design Services for New Richmond County Correctional Institute for Augusta, GA – Central Services Department RFQs 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 RFQ documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFQ documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901 (706-821-2422). Pre-Qualification Conference will be held on Tuesday, July 12, 2022 @ 10:00 a.m. via Zoom – Meeting ID: 875 8461 5442 Passcode: 380887 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 Wednesday, July 13, 2022 @ 5:00 P.M. No RFQ will be accepted by fax or email, all must be received by mail or hand delivered. No RFQ may be withdrawn for a period of 90 days after RFQ have been opened, pending the execution of contract with the successful bidder(s). Request for qualifications (RFQ) and specifications. An RFQ shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for qualification 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 RFQ 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 qualification issued by a city must include the contractor affidavit as part of the requirement for their bid to be considered. Respondents are cautioned that acquisition of RFQ documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base 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 June 16, 23, 30, 2022 and July 7, 2022 Metro Courier June 16, 2022 Revised: 3/22/21 OFFICIAL VENDORS Attachment "B" E-Verify Number Addendum 1 SAVE Form Original 7 Copies IPG, Incorporation: Architects & Planner 807 Northwood Park Drive Valdosta, GA 31602 Yes 191305 Yes Yes Yes Yes Studio 8 Design, LLC 2722 N. Oak Street Valdosta, GA 31602 Yes 782930 Yes Yes Yes Yes 2KM Architects, Inc. 529 Greene Street Augusta, GA 30901 Dickinson Architects 771 Broad Street, Suite 200 Augusta, GA 30901 Virgo Gambill Architect 2531 Augusta West Parkway, Ste 200 Augusta, GA 30909 RFQ Opening - RFQ Item #22-272 Design Services for New Richmond County Correctional Institute for Augusta, GA - Central Services Department Date: Wednesday, July 27, 2022 @ 11:00 a.m. ZOOM Total Number Specifications Mailed Out: 15 Total Number Specifications Download (Demandstar): 9 Total Electronic Notifications (Demandstar): 136 Georgia Procurement Registry: 1761 Pre-Qualifications Conference: N/A Total packages submitted: 2 Total Noncompliant: 0 No Bid Submittal No Bid Submittal No Bid Submittal Page 1 of 1 IPG, Incorporation: Architects & Planner 807 Northwood Park Drive Valdosta, GA 31602 Studio 8 Design, LLC 2722 N. Oak Street Valdosta, GA 31602 IPG, Incorporation: Architects & Planner 807 Northwood Park Drive Valdosta, GA 31602 Studio 8 Design, LLC 2722 N. Oak Street Valdosta, GA 31602 Evaluation Criteria Ranking Points 1. Completeness of Response • Package submitted by the deadline • Package is complete (includes requested information as required per this solicitation) • Attachment B is complete, signed and notarized N/A Pass/Fail PASS PASS PASS PASS 2. Qualifications & Experience (0-5)20 4.8 5.0 96.7 100.0 3. Organization & Approach Include (0-5)15 4.0 4.5 60.0 67.5 4. Scope of Services Firms experience in providing design services to include at minimum the requirements of Section II Scope of Services specifically Minimum Requirements and Scope of Services and Tasks. (0-5)20 4.7 5.0 93.3 100.0 5. Schedule of Work (0-5)10 4.0 4.7 40.0 46.7 6. Financial Stability (0-5)5 3.7 4.0 18.3 20.0 7. References (0-5)5 4.3 4.3 21.7 21.7 Within Richmond County 5 10 0.0 0.0 Within CSRA 5 6 0.0 0.0 Within Georgia 5 4 5.0 5.0 20.0 20.0 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 0.0 0.0 • All Others 5 1 0.0 0.0 30.5 32.5 350.0 375.8 9. Presentation by Team (0-5)10 5.0 3.1 50.0 32.0 10. Q&A Response to Panel Questions (0-5)5 5.0 3.3 25.0 15.0 Total Phase 2 - (Total Maximum Ranking 10 - Maximum Weighted Total Possible 75) 10.0 6.2 75.0 47.0 40.5 38.7 425.0 422.8 Weighted Scores 8. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Procurement Department Completion Date: ______8/5/22__Phase II 8/17/22___________________ Evaluation Sheet RFQ Item #22-272 Design Services for New Richmond County Correctional Institute for Augusta, GA - Central Services Department Opening Date: Wednesday, July 27, 2022 @ 11:00 a.m. ZOOM RFQ Evaluation Date: Friday, August 5, 2022 @ 10:00 a.m. Internal Use Only Evaluator: _________Cumulative__________________ Date: ____8/5/22__Phase II 8/17/22________________ Procurement DepartmentRepresentative:______Nancy Williams______________________________________ Vendors Phase 1 Total Cumulative Score (Maximum point is 500) Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Phase 1 Total - (Total Maximum Ranking 35 - Maximum Weighted Total Possible 425) Ranking of 0-5 (Enter a number value between 0 Scale 0 (Low) to 5 (High) Phase 2 (Option - Numbers 9-10 (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Commission Meeting Agenda 10/18/2022 2:00 PM Award Contract for Design of new RCCI 22-272 Department:Central Services - Facilities Department:Central Services - Facilities Caption:Motion to approve award of contract RFQ 22-272 to prepare Construction Documents for construction of New RCCI to IPG, Incorporated – Architects & Planners of Valdosta, GA in the amount of $82,500 for Phase I (preliminary design) and 7% of construction costs for Phase II. (Approved by Administrative Services Committee October 11, 2022) Background:The current Richmond County Correctional Institute was completed in the 1960s in accordance with the regulations and codes governing detention facilities at the time. In the intervening years, wear and tear on the building, changing codes and regulations as well as changes in the guidelines governing care for the inmate population have made the existing facility obsolete. Augusta has determined that replacement is a far more cost-effective solution for upgrading the facility than an attempt to renovate. The Augusta Space Needs Assessment, completed in 2019, included evaluation of RCCI operations. The initial phase of this contract will include validation of the program for RCCI, and then to develop preliminary designs for evaluation, discussion and estimating before moving forward with Phase II. Analysis:RFQ Item 22-272 was issued through the Procurement in accordance with Augusta requirements. Statements of Qualification for this RFP were received on July 27, 2022. The qualifications presented by each firm were carefully reviewed by the Evaluation Committee and ranked based upon qualifications, shortlisted and viewed vendor presentations. Based upon the Statements of Qualifications submitted by the firms, IPG, Incorporated – Architects and Planners was determined to present the best qualifications for the design of this project. Financial Impact:The cost for Phase I, preliminary design services is $82,500. The cost for Phase II, Construction Documents and Administration is 7% of construction cost. Alternatives:1. Approve award of contract to prepare Construction Documents for construction of New RCCI to IPG, Incorporated – Architects & Planners of Valdosta, GA in the amount of $82,500 for Phase I (preliminary design) and 7% of construction costs for Phase II. 2. Do not approve the award. Recommendation:Approve award of contract to prepare Construction Documents for construction of New RCCI to IPG, Incorporated – Architects & Planners of Valdosta, GA in the amount of $82,500 for Phase I (preliminary design) and 7% of construction costs for Phase II. Funds are Available in the Following Accounts: SPLOST 8. GL - 330-04-1140 JL - 222036001 REVIEWED AND APPROVED BY: Funding Approval/Agreement Emergency Solutions Grants Program – CARES Act Funding Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11371 et seq., and the CARES Act, Public Law 116-136 CFDA Number 14.231 U.S. Department of Housing and Urban Development Office of Community Planning and Development 1. Recipient Name and Address Augusta Richmond Cty Hed Dept 525 Telfair Street Augusta, GA 30901-2309 2. Unique Federal Award Identification Number: E-20-MW-13-0003 3. Tax Identification Number: 582204274 4. Unique Entity Identifier (DUNS): 073438418 5. Fiscal Year (yyyy): 2020 (Supplemental CARES Act funding) 6. Previous Obligation (Enter “0” for initial CARES Act allocation) $2,370,901 7. Amount of Funds Obligated or Deobligated by This Action (+ or -) $301,400.57 8. Total Amount of Federal Funds Obligated $2,672,301.57 9. Total Required Match: $ 0 10. Period of Performance Start Date (the date listed in Box 16) (mm/dd/yyyy) 02/11/2021 11. Period of Performance End Date (24 months after the date listed in Box 16) (mm/dd/yyyy) 02/11/2023 12. Type of Agreement (check applicable box) Initial Agreement (Purpose #1 – Initial CARES Act allocation) Amendment (Purpose #2 – Deobligation of funds) Amendment (Purpose #3 – Obligation of additional funds) 13. Special Conditions and Requirements Not applicable Attached General Terms and Conditions: This Agreement between the U.S. Department of Housing and Urban Development (HUD) and the Recipient is made pursuant to the authority provided under the “Homeless Assistance Grants” heading of title XII of Division B of the CARES Act (Public Law 116- 136) and Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq.). Subject to the CARES Act and any waivers or alternative requirements HUD shall make as provided by that Act, the Recipient’s Consolidated Plan submissions (including the Recipient’s approved annual Action Plan and any amendments), the Emergency Solutions Grants Program regulations at 24 CFR Part 576 (as now in effect and as may be amended from time to time), and this Agreement, including any special conditions and requirements attached to this Agreement, constitute part of this Agreement. Subject to the terms and conditions of this Agreement, HUD will make the funds available to the Recipient upon execution of this Agreement by the Recipient and HUD. The funds may be used for costs incurred by a State or locality before the Period of Performance, provided the costs are otherwise allowable and were incurred to prevent, prepare for, and respond to coronavirus. The Recipient agrees to assume all of the responsibilities with respect to environmental review, decision making, and action required under the HUD regulations at 24 CFR Part 58, subject to the exception the CARES Act provides for temporary emergency shelters. Nothing in this Agreement shall be construed as creating or justifying any claim against the federal government or the Recipient by any third party. Without the Recipient’s execution of an amendment or other consent, HUD may amend this Agreement either to provide additional funds to the Recipient under the CARES Act or to deobligate funds under this Agreement in accordance with applicable law. 14. For the U.S. Department of HUD (Name, Title, and Contact Information of Authorized Official) Katy Burke, OFM Director, for Adrian M. Fields CPD Director 15. Signature X Sig n ed b y: KATH LEEN BU R KE 16. Federal Award Date (mm/dd/yyyy) 09 / 21 / 2022 17. For the Recipient (Name and Title of Authorized Official) 18. Signature X 19. Date (mm/dd/yyyy) / / Funding Information (HUD Accounting Use Only): PAS Code: HAEV Region: 04 Program Code: ES9 Appropriation: 00192 Office: (Atlanta) Allotment: 868 Appro Symbol: F Special Conditions and Requirements for CARES Act funding for ESG Indirect Cost Rate The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth below to the executed Agreement that is returned to HUD. The Recipient shall provide HUD with a revised schedule when any change is made to the rate(s) described in the schedule. The schedule and any revisions HUD receives from the Recipient shall be incorporated herein and made a part of this Agreement, provided that the rate(s) described comply with 2 CFR part 200, subpart E. Instructions: The Recipient must identify each agency or department of the Recipient that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414(f)), and the type of direct cost base to which the rate will be applied (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rates for subrecipients. Recipient Direct Department/Agency Indirect cost rate Cost Base ________________ ______% _________ ________________ ______% _________ ________________ ______% _________ Special Conditions and Requirements for CARES Act funding for ESG Serving Youth Who Lack 3rd Party Documentation or Live in Unsafe Situations Notwithstanding any contrary requirements under the McKinney-Vento Homeless Assistance Act or 24 CFR part 576, youth aged 24 and under who seek assistance (including shelter, services or rental assistance) shall not be required to provide third- party documentation that they meet the homeless definition in 24 CFR 578.3 as a condition for receiving assistance; and unaccompanied youth aged 24 and under (or families headed by youth aged 24 and under) who have an unsafe primary nighttime residence and no safe alternative to that residence shall be considered homeless for purposes of assistance provided by any private nonprofit organization whose primary mission is to provide services to youth aged 24 and under and families headed by youth aged 24 and under. Special Conditions and Requirements for CARES Act funding for ESG Recipient Integrity and Performance Matters (applicable if the amount in Box 8 of the Agreement is greater than $500,000) The Recipient shall comply with the requirements in Appendix XII to 2 CFR part 200— Award Term and Condition for Recipient Integrity and Performance Matters. Special Conditions and Requirements for CARES Act funding for ESG Restriction on CARES Act Funds The funds under this Agreement may only be used to prevent, prepare for, and respond to coronavirus, among individuals and families who are homeless or receiving homeless assistance, and to support additional homeless assistance and homelessness prevention activities to mitigate the impacts created by coronavirus. People experiencing homelessness shall not be required to receive treatment or perform any other prerequisite activities as a condition for receiving assistance. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC 20410-7000 PRINCIPAL DEPUTY ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT www.hud.gov espanol.hud.gov September 20, 2022 The Honorable Hardie Davis 535 Telfair Street Suite 200 Augusta, GA 30901 Dear Mayor Davis: Thank you for your prompt response to the letter from the Department of Housing and Urban Development’s (HUD) Deputy Assistant Secretary for Special Needs Jemine A. Bryon regarding the additional ESG CV funds available to your community. The letter explained that HUD would determine final amounts once the Department received confirmation of acceptance from all eligible recipients. The final amount your community will receive is $301,400.57. As a reminder, reallocated ESG-CV funds are to be used to prevent, prepare for, and respond to the coronavirus pandemic (COVID-19) among individuals and families who are experiencing homelessness or receiving homeless assistance; and to support additional homeless assistance and homelessness prevention activities to mitigate the impacts of COVID-19. HUD is providing additional time to expend reallocated funds to ensure that recipients have sufficient time to re-evaluate the needs within their communities and to identify the most effective uses of ESG-CV reallocated funds to prevent, prepare for, and respond to the coronavirus. Recipients must expend reallocated funds by June 30, 2024. Prior to drawing down reallocated funds, recipients must amend their Consolidated Plans and update the ESG-CV activity and budget information in the Integrated Disbursement and Information System (IDIS) as described in Section VII of Notice CPD-22-06. Importantly, proper reporting in IDIS and HMIS is critical to ensuring recipients are complying with program requirements and policies, providing demographic and income information about the persons who benefit from funded activities, and allowing HUD to monitor recipients. Your jurisdiction’s ongoing attention is essential to ensuring complete and accurate reporting of performance measurement data. As your jurisdiction continues to develop its plan to use these grant funds, HUD encourages you to prioritize the unique needs of persons experiencing homelessness and develop partnerships between all levels of government and the private sector. Your jurisdiction should coordinate with State and local health authorities as you support state or local pandemic response. The Department encourages you to share successes that may help other recipients. 2 HUD’s Office of Community Planning and Development is looking forward to continuing to work with your jurisdiction to successfully meet the urgent and complex challenges faced by our communities. If you or your staff have questions, please contact your CARES Act Desk Officer. Sincerely, Marion Mollegen McFadden Principal Deputy Assistant Secretary for Community Planning and Development Commission Meeting Agenda 10/18/2022 2:00 PM HCD_ ESG CARES Act Reallocated Funds Award Approval Request Department:HCD Department:HCD Caption:Motion to approve Augusta, Georgia’s acceptance of Emergency Solutions Grant Reallocated funds from the U.S. Department of Housing and Urban Development (HUD) in the amount of $301,400.57 to provide funding for services to residents experiencing, or at-risk of experiencing, homelessness and instruct the Finance Department to add available funding to HCDs budget (upon receipt) for immediate use and implementation.(Approved by Administrative Services Committee October 11, 2022) Background:In the statutory requirements set forth by Congress in the Coronavirus Aid and Recovery Economic Stimulus Act (CARES Act) by Congress, HUD has the authority to reallocate underutilized funds from communities not meeting certain expenditure deadlines. As Augusta has been an exemplary performer in the utilization of its ESG-CV award, HUD has selected Augusta to receive additional reallocated ESG-CV resources of at least $301,400.57 to aid in the preparation, response and recovery from the Covid-19 public health emergency, focused on our homeless and at-risk of homeless populations. HUD stated in the Reallocation Announcement letter that the final amount may increase if other communities decline to accept their proposed awards of reallocated funds, however the amount above has been verified as a Final Approved Amount. In order to follow HUD’s required processes, Augusta, through H CD will submit a formal Substantial Amendment to Augusta’s HUD-approved Consolidated Plan to describe the intended use of these funds (if acceptance is approved by Commission to receive and subsequently confirmed by HUD). This Substantial Amendment would be brought back before the Commission for approval prior to submission to HUD. Analysis:The acceptance of the $301,400.57 in Emergency Solutions Grant Reallocated funds from HUD will allow service and funding availability for individuals and families currently in need of services to address homelessness or risk of homelessness. Financial Impact:Funding in the amount of $301,400.57 (minimum) would be received by Augusta, Georgia from HUD if acceptance is approved. Alternatives:Do not approve HCD’s request to accept receipt of Emergency Solutions Grant Reallocated funds in the amount of $301,400.57 from HUD to provide funding for services to residents experiencing, or at-risk of experiencing, homelessness. Recommendation:Motion to Approve Augusta, Georgia’s acceptance of Emergency Solutions Grant Reallocated funds from the U.S. Department of Housing and Urban Development (HUD) in the amount of $301,400.57 to provide funding for services to residents experiencing, or at-risk of experiencing, homelessness and instruct the Finance Department to add available funding to HCDs budget (upon receipt) for immediate use and implementation. Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: Emergency Solutions Grant (ESG-CV) funds 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 ___, hereinafter called “Owner” and (GENERAL CONTRACTOR CONSTRUCTION, 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 ____________ 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 multifamily units located at 1234 USA DRIVE, AUGUSTA, GA 30906 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 HOME Full Rehab General Contractor ARTICLE 3 TIME OF PERFORMANCE The services of the Contractor are to commence on DATE and shall be completed by DATE. 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 DATE 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 THIRTY-THREE THOUSAND DOLLARS ($33,000). 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 John Doe________ Name of Contractor USA Construction Contractor’s Representative – Title Signature of Contractor OWNER ______________________________________ 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 10/18/2022 2:00 PM HCD_ Rehabilitation Program Approval Request Department:HCD Department:HCD Caption:Motion to approve five (5) Rehabilitation Projects in partnership with Legacy 4 Construction (3) and Butler’s Home Improvement (2). (Approved by Administrative Services Committee October 11, 2022) Background:The Homeowner-Occupied Rehabilitation Program provides a mechanism for eligible homeowners to bring their home into compliance with local codes and provide safe, decent housing for lower-income individuals. · Homeowner Occupied Rehabilitation – Rehab to include rehabbing of the roof, gutters, floors, ceilings, HVAC, etc… The Homeowner- Occupied Rehabilitation Program is designed to bring the eligible homeowner’s dwelling into compliance with applicable, locally adopted housing rehabilitation standards to reduce ongoing and future maintenance costs, promote energy efficiency, and to preserve decent affordable owner- occupied housing. Federal funding for these activities is provided to Augusta, GA through the Community Development Block Grant (CDBG) Program and the Home Investment Partnership Program (HOME). This request will provide five (5) homeowners with funding for the following address: 1. Contractor: Legacy 4 Construction Project Address: 2940 Wakefield Court Amount: $35,000 2. Contractor: Butler’s Home Improvement Project Address: 813 Forsythe Street Amount: $26,450 3. Constructor: Butler’s Home Improvement Project Address: 2391 Basswood Drive Amount: $36,600 4. Constructor: Legacy 4 Construction Project Address: 2421 Birdie Drive Amount: $36,880 5. Contractor: Legacy 4 Construction Project Address: 3301 Hillis Road Amount: $33,000 Analysis:The approval of this request will allow five (5) homeowners to obtain compliant, decent, and safe housing. Financial Impact:The city receives funding from the US Housing and Urban Development Department (HUD) on an annual basis. Total amount requested - $ 167,930. Alternatives:Do not approve HCDs Request. Recommendation:Motion to approve five (5) Rehabilitation projects in partnership with Legacy 4 Construction (3) and Butler’s Home Improvement (2). Funds are Available in the Following Accounts: U.S. Department of Housing and Urban Development (HUD) Funds: a) CDBG -221073210-5225110 REVIEWED AND APPROVED BY: Commission Meeting Agenda 10/18/2022 2:00 PM Emergency Assistance Program. Department:Augusta Commission Department:Augusta Commission Caption:Update from by Director Hawthorne Welcher regarding Emergency Assistance Program. (Requested by Commissioner Francine Scott) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: I N FORMATION TECHNOTOGY Tameka Allen Chief Information Offi cer Reggie Horne Deputy Chief Information Officer Ms. Takiyah A. Douse,l Administrator Ms. Tameka Allen, September 13, Request for Approval - SUGA Education $20,000 Grant Gary Hewett Deputy Chief Information Officer To: From: Date: Subject: Information Technology has been selected to receive a $20,000.00 grant from SUGA Education, Training & Development, Inc. to be used for the purpose of Staff Training and Development on the Central Square Financial Enterprise application. This grant application was approved as PR000378. Augusta-Richmond County currently uses Central Square as our Financial/ERP system and Cognos as our primary tool for custom financial reporting. Unfortunately, few staff across the government are currently using Cognos effectively. Information Technology conducted a cross-department survey in spring 2022 about financial reporting needs. Training was identified as the #l need across the City, and these funds will be used towards that purpose. I have attached the award notification letter for your review. I am requesting that you approve the receipt of these funds for the purposes stated above. Following your approval, we will create an agenda item to request approval the updated adopted budget that results from the receipt of this grant. Thank you in advance for your consideration and response. Approve/Deny:Date: Qlralea Ms. Takiyah Douse, Interim Administratorlq Attachment - Award Notification Letter Information Technology 535 Telfair Street, Building 2000 August4 GA 30901 (7 06) 821 -2522 - FAX (7 06) 821-2530 www.AugustaGa.gov SUGA Education Training & Development, lnc. P.O. Box 171028 Austin, Texas 78717 September 8,2022 Dear Mattie Sue Stevens, The SUGA Board of Directors is excited to provide an award of $20,000 for the development and training of your staff. To receive the funding the SUGA Board of Directors requires the following items from your organization. o A letter to the SUGA Board of Directors on official agency letterhead e-mailed to jose.palacios@sugainc.org which includes: o A section authorizing receipt of funds by your organization from SUGA. o Contact information including job title and mailing address for the person responsible to receive the payment from SUGA. o An attached W9 Form for your organization. . Your signature below affirming that the awarded funds will only be used for the training outlined during your application and subsequent interview with the SUGA Board of Directors. o Your signature below agreeing to be contacted approximately a year from now providing an update to the SUGA Board of Directors on the training project. All required documents must be received prior to September 23,2022, and check deposited prior to October 31,2022. Failure to meet these deadlines will result in the forfeiture of the award. Sincerely, /t"*ilAnlL*l-,' J Consuela Wilson SUGA Board of Directors Chair/,..^w Aaron Bentley SUGA Board of Directors Co-Chair Commission Meeting Agenda 10/18/2022 2:00 PM Acceptance of Lump Sum Award for Software Training Department:Information Technology Department:Information Technology Caption:Motion to amend the FY2022 Adopted Budget to accept a $20,000.00 lump sum award from SUGA Education, Training & Development, Inc. for staff software training. (Approved by Public Safety Committee October 11, 2022) Background:Augusta currently uses Central Square as our Citywide financial/ERP system, with Cognos as our primary tool for custom financial reporting. Information Technology conducted a cross-department survey in spring 2022 about financial reporting needs. Training on the available tools was identified as the #1 need across the City. Analysis:Augusta Information Technology has been selected to receive a $20,000.00 lump sum award for staff training and development. These funds will be used to train staff in multiple departments on Central Square and Cognos. The Interim Administrator approved acceptance of the award. The FY2022 budget must also be amended to allow for receipt of these funds. Financial Impact:Funds will be awarded as a lump sum in October 2022. No match is required. Alternatives:N/A Recommendation:Motion to amend the FY2022 Adopted Budget to accept a $20,000.00 lump sum award from SUGA Education, Training & Development, Inc. for staff software training. Funds are Available in the Following Accounts: Finance will create a new org key in fund 220. REVIEWED AND APPROVED BY: Commission Meeting Agenda 10/18/2022 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 $3,000,000 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) 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: Page 26 APPENDIX B FY22 VOCA Grant Award Allocations # Agency Name Program Type Original VOCA Award FY2022 VOCA Award Amount FY2022 Match Amount 1 A Child's Voice CAC, Inc. Child Advocacy Center $259,195 $142,557 $0 2 ACC SANE, Inc. Sexual Assault $162,407 $102,317 $0 3 Action Pact, Inc. Court Appointed Special Advocate $50,000 $27,500 $0 4 Advocates for Bartow's Children, Inc. Residential - Child Abuse $51,695 $28,432 $0 5 Advocates for Bartow's Children, Inc. Child Advocacy Center $161,653 $88,909 $0 6 Advocates for Bartow's Children, Inc. Court Appointed Special Advocate $208,162 $114,489 $0 7 Advo-Kids CASA, Inc. Court Appointed Special Advocate $141,700 $77,935 $0 8 Ahimsa House, Inc. Domestic Violence $234,777 $75,068 $0 9 Alcovy CASA, Inc. Court Appointed Special Advocate $143,923 $79,158 $0 10 Alma G. Davis Foundation, Inc. DV Community Based Victim Services $50,000 $16,987 $0 11 Appalachian Children’s Center, Inc. Child Advocacy Center $248,461 $136,654 $0 12 Atlanta CASA, Inc. Court Appointed Special Advocate $239,660 $131,813 $0 13 Atlanta Center for Self Sufficiency, Inc. Community Based Victim Services $75,000 $47,250 $0 14 Atlanta Dream Center, Inc. Previously Underserved (HT) $84,627 $53,315 $0 15 Atlanta Dream Center, Inc. Previously Underserved (HT) $349,277 $220,045 $0 16 Atlanta Legal Aid Society, Inc. Legal Services - Community Programs $224,089 $141,176 $0 17 Atlanta Legal Aid Society, Inc. Legal Services - Community Programs $572,765 $360,842 $0 18 Atlanta Victim Assistance, Inc. Non-Profit VWAP Program $49,196 $30,993 $0 19 Atlanta Victim Assistance, Inc. Non-Profit VWAP Program $144,612 $91,106 $0 20 Atlanta Victim Assistance, Inc. Non-Profit VWAP Program $704,770 $454,770 $0 21 Atlanta Volunteer Lawyers Foundation, Inc. DV Legal Services - Community Programs $427,857 $269,550 $0 22 Atlanta Volunteer Lawyers Foundation, Inc. Legal Services - Community Programs $306,894 $193,343 $0 23 Atlantic Area CASA Court Appointed Special Advocate $134,059 $73,732 $0 24 Augusta/Richmond County Victim Services $100,000 $100,000 $0 25 Baldwin County Board of Commissioners Community Based Victim Services $189,880 $189,880 $0 26 Barrow Ministry Village, Inc. Counseling Services - Community Programs $152,734 $96,222 $0 27 Battered Women's Shelter, Inc. Domestic Violence $937,405 $348,808 $0 28 Battered Women's Shelter, Inc. Sexual Assault $336,460 $211,970 $0 Commission Meeting Agenda 10/18/2022 2:00 PM FY2022 VOCA GRANT FOR JUVENILE COURT Department:Juvenile Court Department:Juvenile Court Caption:Motion to approve acceptance of a grant award for the Richmond County Juvenile Court in the amount $100,000 awarded from the Criminal Justice Coordinating Council for the continuation of the VOCA grant for juveniles. (Approved by Public Safety Committee October 12, 2022) Background:VOCA direct services to victims of crime through efforts that (1) respond to the emotional, psychological, and physical needs of crime victims, (2) assist victims to stabilize their lives after victimization, (3) assist victims to understand and participate in the criminal justice system, or (4) restore a measure of safety and security for the victim. A victim of crime is a person who has suffered physical, sexual, financial, or emotional harm as a result of the commission of a crime. Analysis: Financial Impact:No local match required Alternatives:To deny Recommendation:To approve Funds are Available in the Following Accounts: Will setup org key in fund 220 REVIEWED AND APPROVED BY: Commission Meeting Agenda 10/18/2022 2:00 PM Grant Approval FY 2021 FEMA Staffing for Adequate Fire and Emergency Response (SAFER). Department:Fire Department:Fire Caption:Motion to accept funds from FY 2121 FEMA Staffing for Adequate Fire and Emergency Response (SAFER) in the amount of $4,928,040. (Approved by Public Safety Committee October 11, 2022) Background:The purpose of the SAFER Grant Program is to provide funding directly to fire departments to assist in increasing the number of firefighters to help communities meet industry minimum standards and attain 24-hr staffing to provide adequate protection from fire and fire-related hazards, and to fulfill traditional missions of fire departments. Analysis:Funding will provide salaries and benefits for up to 30 additional firefighters over three years. The grant award includes annual base salary and benefits to include comp, sick, vacation, health insurance, life insurance, long-term disability insurance, FICA, Medicare, and GMEBS. The deadline to accept this grant award is October 21, 2022. Financial Impact:FEMA has waived the cost share requirement for this grant award. Costs are reimbursable. 1st Yr: $1,642,680 2nd Yr: $1,642,680 3rd Yr: $1,642,680 Alternatives:None at this time Recommendation:To approve the Motion to accept funds from FY 2121 FEMA Staffing for Adequate Fire and Emergency Response (SAFER) in the amount of $4,928,040. Funds are Available in the Following Accounts: Funds are available up to $4,928,040 through FY 2021 SAFER Grant for a period of three years. Will setup org key in fund 220. REVIEWED AND APPROVED BY: Commission Meeting Agenda 10/18/2022 2:00 PM SPLOST 8 Purchase Approval Request – Sole Source SCBA Air Packs from Vallen Department:Fire Department:Fire Caption:Motion to approve the purchase of SCBA air packs as a sole source from Vallen for the Augusta Fire Department with SPLOST 8 funds. (Approved by Public Safety Committee October 11, 2022) Background:The Augusta Fire Department would like to purchase 71 SCBA air packs that will replace inventory that have become outdated and do not meet the current NFPA standard. Vallen is the sole source for this purchase due to parts/equipment standardization and this is the only item that will meet the specialized needs of the department to perform the intended function. Analysis:SCBA air packs are required as part of firefighter personal protective equipment. They are specialized equipment that enables the firefighter to breath inside or around burning structures. Financial Impact:71 air packs @ $6,996 each; total $496,716 Alternatives:None at this time. Recommendation:To approve the Motion to approve the purchase of SCBA air packs as a sole source from Vallen for the Augusta Fire Department with SPLOST 8 funds. Funds are Available in the Following Accounts: Funds in the amount of $500,000 are available in SPLOST 8, account #330034510-5426120. REVIEWED AND APPROVED BY: Lena Bonner From: Sent: To: Cc: Subject: Attachments: Takiyah A. Douse Monday, October 10,2022 3:20 PM Lena Bonner Natascha Dailey; Tanikia iackson Engineering Services Agenda AEDA Augusta Corporate Park TIA Rail Project Profile.docx; Rail Spur IGA v12.docx;TtA I Rail Project v2.docx Ms. Bonner, Please add the attached agenda item to the Engineering Services Committee Agenda scheduled on Tuesday, October 11,2022. Thanks, Takiyah A. Douse I Interim Administrator Augusta - Richmond County 535 Telfair Street Augusta, Ga 30901 (p) 706-821-2400 t (f) 706-827-2819 TDouse@augustaga. gov I www.augustaea. gov lhis e-nrail contains confidential informalion and is intended only for lhe individual named. lf you are not the named addressee, you sliould not disseminate, distribule or copy this e-mail. Please notify the sender immediately by e-mail if you have received lhis e-mail by mistake and delete this e-mail from your syslem. The City of Augusta accepts no liability for the content of this e-mail or for the consequences of any actions taken on the basis of the information provided, unlessthat information is subsequently confirmed in writing. Any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of the City of Augusla. E-mail transmissions cannot be guaranteed lo be secure or error-{ree as informalion could be inlercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain vrruses. The sender tl'rerefore does nol accepl liability for any errors or omissions in the conlent of this message which ariie asa result of the e-mail transmission. lf verification is requrred, please request a hard copy version. AED:104 1 INTERGOVERNMENTAL AGREEMENT FOR DESIGN, CONSTRUCTION AND FINANCING OF RAIL SPUR between AUGUSTA, GEORGIA and DEVELOPMENT AUTHORITY OF AUGUSTA, GEORGIA Dated as of 2022 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. AGREEMENT FOR DESIGN. CONSTRUCTION AND FINANCING OF RAIL SPT]R THIS AGREEMENT FOR DESIGN, CONSTRUCTION AND FINANCING OF RAIL SPUR (this "Agreement") is made and entered into as of the _ day of _ 2022, by and between AUGUSTA, GEORGIA, a political subdivision of the-Sat, bf Crorgiu (the "iity") and the DEVELOPMENT ALI-IHORITY OF AUGUSTA, GEORGIA, d/bla Augusta Economic Development Authority ("AEDA"). RECITALS WHEREAS, the Georgia Department of Transportation (*DOT") has approved a project (the "Project") known as the ACP Rail Lead Tract known as DOT Project Number RC07-0165; WHEREAS, the Project is on the approved investment list of the Central Savannah River Area Special District (the "Special District") as approved by the final regional transportation roundtable for the Special District; WHEREAS, the Project involves the construction of a 1.3-mile rail spur connecting the Augusta Corporate Park ("Park") to the Norfolk Southern rail line; WHEREAS, the Project is a Band I project with design and construction anticipated to begin in 2023; WHEREAS, the Project shall be partially funded under the Georgia Transportation Investment Act of 2010, O.C.G.A. $ 48-8-240, et seq., as amended ( "TIA") from the collection by the Georgia Departnent of Revenue of the special district sales and use tax thereunder ("Tax Receipts") from the Special District; WHEREAS, the Georgia State Financing and Investrnent Commission (the "Commission") is responsible for dispensing funds derived from the Tax Receipts (such funds, the "Tax Receipts Funds") to DOT. As used herein, references to Tax Receip Funds are only to Tax Receipt Funds designated by DOT for the Project. DOT is responsible for using Tax Receipts Funds, dispensed to DOT by the Commission and designated by DOT for the Project, to reimburse the City (such reimbursements, the "Contract Revenues") for Eligible Project Costs (defined below) incurred by the City, in an amount not to exceed $13,000,000.00 less any fees imposed by DOT) in the aggregate; WHEREAS, it is important to the City that construction of the Project commence prior to the originally planned construction start date :.rr,2023, and if the City undertakes the Project, it is important to both the City and AEDA that construction of the Project begin in 2022 in order to be completed as expeditiously as possible; WHEREAS, in order to start the Project as soon as reasonably possible, temporary funding for the Project is needed as the timing and amount of Tax Receipts Funds to be received by the City are anticipated to lag behind the timing and amount of payment submissions (each, a "Draw Request") by the General Contractor (defined below) to AEDA; WHEREAS, as used herein, "Eligible Project Costs" means those costs that under O.C.G.A. $548-8-249 (which, among other things, defines "cost of project") and 48-8-242, part of TIA, are reimbursable by the use of Tax Receipts Funds, including, without limitation, the repayment of loans (including interest thereon and any other expenses of such loans) for the advance payment of such Eligible Project Costs; and WHEREAS, in order to keep the Project on the desired schedule, AEDA has agreed to design and construct the Project as well as to advance funds for the payment of Draw Requests and lnvoices (defined below) for the design and construction of the Project, which are to be approved as provided below; WHEREAS, City has agreed to reimburse AEDA up to $13,000,000.00 (less any fees imposed by DOT) out of Tax Receipts Funds designated by DOT for the Project for its payments for the Project of Draw Requests and other costs paid by AEDA that are Eligible Project Costs; and WpREAS, City and AEDA are entering into this Agreement in anticipation of, (a) the submission by City, as a local government wishing to deliver a TIA project, to DOT of a "Local Project Delivery Application" (the "Application") as required by O.C.G.A. $48-8-249(c) and the TIA Manual (defined Uetow;, (b) the approval by DOT of the Application, (c) the entry by DOT and the City into a related intergovernmental agreement (the *DOT-City IGA") as required by O.C.G.A. $48-8-249(c) and the TIA Manual, (d) the issuance by DOT to the City of a notice to proceed ("NTP") with respect to each phase of the Project when required by TIA orthe TIA Manual, and (e) the financing by AEDA of some or all of the Eligible Project Costs to be paid by it pursuant hereto through an issue of its revenue bonds ("Project Revenue Bonds"), which will be repaid solely out of the Pledged Security pledged thereto as described and defined below. Such submission of an Application satisfactory to both City and AEDA, such approval by DOT of the Application, such entry by the parties thereto into a DOT-City IGA that is satisfactory to both City and AEDA, such issuance by DOT of any required NTP with respect to a phase of the Project as described below, and such issuance by AEDA of the Project Revenue Bonds, are sometimes referred to herein as the "Construction Conditions" for each such phase. The Parties intend for this Agreement to constitute, in part, a subcontract from the City to AEDA for the perfonnance by AEDA of certain work related to the Project as described herein, and for the DOT-City IGA to allow such subcontracting, reimbursement of AEDA as contemplated herein, and the use of the Project Revenue Bonds. NOW, TIIEREFORE, for ten dollars and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby covenant and agree as follows: 1. Contract to Desien and Construct Project. AEDA agrees, through a competitive bid process and in compliance with O.C.G.A. $36-91-1 et seq. (Public Works Bidding), to enter into a contract for the construction of the Project (the "Contract") with a general contractor (the "General Contractor"), provided, that at AEDA's option, its entry into the Contract or its incurring obligations thereunder shall be iubject to the satisfaction of applicable Construction Conditions. Prior to entering into the Contract, AEDA shall submit the Contract to the City's Administrator for approval. AEDC shall also procure, in accordance with appropriate competitive procurement policies and procedures of the City, necessary architects' and engineers'iervices for construction documents, bidding, and construction administration, and satisffing other appropriate TIA requirements as necessary. The City will utilize the services of these professionals to perform rrece.rury services, for the purpose of the certification by the City to DOT of the construction for reimbursement with TIA funds as required by TIA and the City-DOT IGA. Such certification for TIA purposes shall be by the City's Administrator, the City hereby delegating to its Administrator the authority to dt so, and/or, as appropriate, by the designated professional(s) or firm thereof. Ifnecessary for purposes of the TIA Manual, the City will designate the appropriate such professional or firm thereof as the "Engineer ofRecord" for the Project. 2. Desisn and Construction of the Project. AEDA agrees to construct the Project in accordance with the requirements of this Agreement and in compliance with all state and local laws and ordinances, and specifically in confonnity with TIA. In the event that AEDA breaches the foregoing agreement, the Ciiy shall be entitled as its exclusive remedies to sue for specific performance or to seek other available equitable remedies. 3. Applicable Laws. Rezulations and Standards. During the duration of the construction of the Project and the term of this Agreement, AEDA shall comply with, as applicable, the DOT Transportation lnvestment Act of 2010 Manual available on the DOT's website and as may be amended or supplemented from time to time to time and including addenda (hereinafter referred to as "TIA Manual") and other DOT standards and guidelines as may be applicable to the Project. 4. Notices to Proceed. The Project shall be coordinated, subject to the other terms and conditions of this Agreement, with the City's Engineering Department ("AED') and shall be carried on in accordance with the schedule, to be attached as "Work Schedule" to the DOT-City IGA, with the understanding that unforeseen events may make necessary some minor variations in that schedule. The City-DOT IGA must be satisfactory to both City and AEDA. No work on any phase of the Project (i.e., milestones or "hold points") listed below shall begin without AEDA's coordinating with AED and City's obtaining a written NTP from DOT when required for each of the following separate phases: (1) Preliminary Engineering Activities - Concept Report Approval (2) Preliminary Engineering Activities - Field Plan Review Approval (3) Right of Way- NTP (4) Construction Notice to Advertise (5) Construction Notice to Proceed-NTP City agrees to proceed without undue delay to obtain each NTP needed from DOT and to promptly provide AEDA with a copy of each NTP that it obtains. 5. Reporting. During each phase of the Project, AEDA must submit to AED a report in sunmary form of its work progress on a monthly basis. 6. Reimbursement of Draw Requests and Invoices. AEDA shall timely pay all proper requests for payment (each a "Draw Request") from the General Contractor required under the Contract and approved by AEDA, subject to retainage and the other provisions of the Contract. AEDA at its option may pay any other Eligible Project Costs, such as fees for the services of an architect or engineer, and submit an invoice (each, an "Invoice") to the City for same for reimbursement on the same terms and conditions of this Agreement that are appliable to Draw Requests. The City shall reimburse AEDA for all Draw Requests and Invoices (not to exceed $ 1 3,000,000.00 less any fees imposed by DOT) in the aggregate out of Tax Receipts Funds designated by DOT for the Project), the payment of which was advanced orpaid by AEDA. The City's reimbursement obligation is conditioned on AEDA providing a copy of each Draw Request or Invoice to be reimbursed to the City simultaneously or within ten (10) business days of its receipt and approval of such Draw Request, or, in the case of an lnvoice, within ten (10) business days of AEDA's paying the invoiced amount, and the approval by the City's Deputy Director - Finance (who is hereby delegated such authority by the City) of each such Draw Request or Invoice, such approval not to be unreasonably withheld or conditioned. The City shall deliver written notice to AEDA of the amount of each Draw Request or Invoice approved by its Deputy Director - Finance within five (5) business days of receipt of such Draw Request or Invoice. The parties understand that costs of a phase of the Project which requires a NTP from DOT but which were paid prior to issuance by DOT of the NTP are not eligible for reimbursement out of Tax Receipts Funds. Upon approval by City of each Draw Request or Invoice, City shall request payment of the amount of such Draw Request or Invoice from DOT, in the same manner and timing as City requests payment for draw requests from contractors for other TIA projects. Within ten (10) business days of receipt of any Tax Receipts Funds by City for the Project, City shall make the related reimbursement to AEDA, without any requirement that AEDA make a demand or request for such reimbursement. For so long as this Agreement is in effect, or AEDA has any liability, responsibility, or obligation under this Agreement, or any Project Revenue Bonds are outstanding, whichever is longer, City: a) shall take all action necessary to retain its right to receive the Tax Receipts Funds from DOT; b) shall not make any re-allocation, re-prioritization, or other action that would negatively impact the amount or timing of the Tax Receipts Funds; c) shall not transfer or assign the Tax Receipts Funds to any third party, provided that this restriction shall not affect Section 29, below, regarding the pledge by AEDA of the Contract Revenues; d) shall not apply any Tax Receipts Funds except as set forth in this Agreement; e) shall maintain the City-DOT IGA in fulI force and effect and neither take nor permit any action or omission that would cause a default on the part of the City thereunder or that could cause the loss or delay of the payment by GDOT of Tax Receipts Funds to the City as contemplated in this Agreement. AEDA acknowledges and agrees that the maximum reimbursement of Tax Receipts Funds designated by DOT for the Project is $13,000,000.00 (less any fees imposed by DOT) in the aggregate and is further subject to the funding policy attached hereto as Exhibit A. 7. Records. AEDA shall maintain a record of each and every expense, in compliance with the generally accepted accounting principles, for which reimbursement will be sought. AEDA shall submit quarterly accounting reports to City for expenditures related to the Project. Said accounting reports shall set forth the amounts expended on the Project during the term of this Agreement, which shall include any amount expended on such Project in that current year, and the estimated percentage of the completion of the Project. The initial report of expenditures regarding the Project shall be made within ninety (90) days of the letting of the Contract and quarterly thereafter until the end of the quarter in which the Project is completed. Quarterly reports are due within ten (10) business days following the end of each said quarter and shall be delivered to Augusta Finance Department, 530 Greene Street, Suite 800, Augusta Georgia 30901 to the attention of Mr. Timothy Schroer, Deputy Finance Director. 8. Procurement. ln addition to complying with all applicable DOT and federal procurement rules, regulations and policies, AEDA shall, subject to the other terms and conditions of this Agreement, comply with the purchasing policies of the City, to the extent not in conflict with or exceeded by TIA, and otherwise shall comply with its own purchasing policies, in each case to the extent not in conflict with DOT and/or federal rules, regulations and policies, regarding the advertising for bids, the securing of bids, and payment, performance bonds and contracting. g. Notices. All notices required by applicable law or agreement in any matter relating to this Agreement shall be deemed received (a) when personally delivered (to the person or department if one is designated); (b) two (2) business days following the date deposited with Federal Express, overnight U.S. maiior other national overnight courier, fees prepaid; or (c) three (3) days following the date deposited with U.S. certified or registered mail, return receipt requested, postage prepaid, and addressed in each such case to the parties at their respective addresses set forth below or such other single address as either party may designate in a written notice given as herein provided (except that a change of address notice shall not be effective until actual receipt). In case of the City to: Augusta, Georgia Augusta-Richmond County City County Municipal Building Suite 910 535 Telfair Street Augusta, Georgia 30901 Attn: City Administrator ln the case of AEDA to: Development Authority of Augusta, Georgia 1450 Greene Street suite 3500 Augusta, GA 30901 Attn: President With a copy to: Augusta Law Department Building 3000 535 Telfair Street Augusta, Georgia 30901 Attn: General Counsel With a copy to: Augusta Finance Department Suite 800 535 Telfair Street Augusta, Georgia 30901 Attn: Deputy Finance Director With a copy to: James C. Overstreet, Jr. Klosinski Overstreet, LLP 1229 Augusta West Parkway Augusta, Georgia 30909 10. Headings. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement. 11. Recitals. The recitals and any exhibits hereto are incorporated herein by reference and shall be considered part of this Agreement. 12. Severability. If any term orprovision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. 13. Entire Aereement. This Agreement constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements in the body of this Agreement and the exhibits to this Agreement, the statements in the body of this Agreement will control. 14. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except as provided in Section 29, below, neither party may assign its rights or obligations hereunder without the prior written consent of the other party, and any purported assignment shall be ineffective and void ab initio. No assignment or purported assignment shall relieve the assigning party of any of its obligations hereunder. 15. No Third-party Beneficiaries. Except as provided in Section 29, below, this Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. 16. Amendment and Modification. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. 17 . Waiver. No alleged waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, my right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. 18. Govemins Law. This Agreement shall be govemed by and construed in accordance with the internal laws of the State of Georgia (the "State") without giving effect to any choice or conflict of law provision or rule (whether of the State or any other jurisdiction). 19 - Attorney's Fees. In the event of any litigation relating to this Agreement or the transactions described herein, the prevailing party shall be entitled to recover its reasonable attorney's fees and expenses from the non-prevailing party. 20. Submission to Jurisdiction. Any legal suit, action or proceeding arising out of or based upon this Agreement or the transactions contemplated hereby may be instituted in the federal courts of the Southern District of Georgia, Augusta Division, or the Superior Court of Richmond County, Georgia, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. 21. IRESERVEpI. 22. Specific Perforrnance: Other Remedies. The parties agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy to which they are entitled at law or in equity. Without limitation, upon any failure by City to pay when due any amount required to be paid under this Agreement, AEDA or its assignee, including any corporate bond trustee, may take whatever action at law or in equity may appear necessary or desirable to collect said amounts payable by City hereunder. No remedy conferred upon or reserved to AEDA or its assignee, including any corporate bond trustee, (a) is intended to be exclusive of any other available remedy or remedies (including, but not limited to a writ of mandamus), but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. 23. Further Assurances. The parties hereto will use reasonable efforts to implement the provisions of this Agreement as may be reasonably deemed necessary to implement any provision of this Agreement. 24. Time is of the Essence. Time is of the essence of this Agreement. 25. Business Days. If any date or time period herein expires or matures on a Saturday, Sunday or date which is recognized as a holiday by the State, then such date or time period shall automatically be extended to the next available weekday (Monday through Friday) which is not so recognized as a holiday. 26. Construction. The parties acknowledge that the parties and their counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any exhibits or amendments hereto. Accordingly, this Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties had prepared it. Whenever required by the context of this Agreement, the singular shall include the plural and vice versa. When the context so requires, the neuter gender includes the feminine or masculine. 27. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. 28. Ownership of Project: Special Service District for Maintenance: Maintenance Revenue Bonds. a) In consideration of this Agreement and the on-going services to be performed by AEDA regarding the Project, ownership of each Project element shall vest in AEDA as it is constructed. b) ln order to provide for the maintenance of the completed Project over time, City agrees, at the request of AEDA, to: r)create a special tax or special assessment district ("SSD") as authorized by Ga. Const. Art. IX, Sec. II, Para. VI, the borders of which shall be conterminous with the current borders of AEDA's "Corporate Park", impose therein such fees, assessments, and taxes as AEDA may recommend from time to time to be levied and collected within the SSD to pay, wholly or partially, the cost of providing maintenance services and facilities for the Project, pay the proceeds of such fees, assessments, and taxes (such payments, "SSD Revenues",) less an administration fee of $_ per year, to AEDA to be used for such purposes, whether on a"paylgo" basis, or by AEDA's pledging the SSD Revenues as revenue to repay revenue bonds ("Maintenance Revenue Bonds") that AEDA may determine to issue for such purposes, or both, as AEDA may from time to time determine, and enter into a separate intergovernmental agreement ("Maintenance Revenue Bonds IGA") between the City and AEDA containing the provisions necessary for purposes of such Maintenance Revenue Bonds. c) 2) 3) 4) The issuance of any Maintenance Revenue Bonds shall be subject to the following: 29. 1) The Maintenance Revenue Bonds shall be special and limited obligations of AEDA, shall not be general obligations of AEDA, shall give rise to no pecuniary liability of AEDA, and shall be payable solely from the security pledged therefor. 2) The Maintenance Revenue Bonds shall never constitute an indebtedness or general obligation of the State, AEDA, the City or any other political subdivision of the State, within the meaning of any constitutional provision or statutory limitation whatsoever, nor a pledge of the faith and credit or taxing power of any of the foregoing, nor shall any of the foregoing be subject to any pecuniary liability thereon. 3) No owner or obligee of the Maintenance Revenue Bonds shall ever have the right to compel the exercise of the taxing power of the State, the City, or any other political subdivision of the State, to pay the Maintenance Revenue Bonds, or to enforce payment thereof against any property of the foregoing, nor shall the Maintenance Revenue Bonds constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the foregoing. d) On that basis, City agrees to cooperate as reasonably necessary for AEDA to issue the Maintenance Revenue Bonds. Without limitation, City agrees to participate in and support the validation ofthe Maintenance Revenue Bonds. City and AEDA acknowledge and agree that SSD fees, assessments, and taxes would be for the purpose of the provision of local government services and facilities within the SSD, and that providing maintenance services and facilities for the Project is a local government service for City for the reasons, among others, that the Project is a project that is on the Special Districts Approved lnvestment List under TIA, and independently qualifies as an "undertaking" under O'C.G.A. $36- 82-61(4XB), part of the Revenue Bond Law. Project Revenue Bonds. a) City and AEDA acknowledge and agree that, (1) TIA authorizes City to reimburse AEDA for costs incurred by AEDA as City's subcontractor which qualifr as Eligible Project Costs, (2) in consideration of the facilities provided and services rendered by AEDA hereunder, City shall reimburse AEDA for costs incurred by AEDA as City's subcontractor which qualifu as Eligible Project Costs, but Tax Receipts Funds actually received by City are the sole source of funds for City to make such reimbursement payments, (3) such reimbursement paynents by City are sometimes referred to herein as the "Contract Revenues" of this Agreement, (a) City has not pledged its fulI faith and credit or taxing power to the payrrent of the Contract Revenues and City's obligation to make payments under this Agreement will be limited to the amount that is equal to its actual collections from DOT of the Tax Receipts Funds, not to exceed $i3,000,000.00 (less any fees imposed by DOT) in the aggregate, (5) the repayment of loans (including interest thereon and any other expenses ofsuch loans) for the advance payment of other Eligible Project Costs, qualiff as Eligible Project Costs, and (6) AEDA intends to consummate such a loan through an issue of its revenue bonds ("Project Revenue Bonds"), which will be repaid solely out of the Contract Revenues and any other b) c) Pledged Security, as described below, but which never will be secured by any TaxReceipts or Tax Receipts Funds held by Cify. The Project Revenue_ Bonds shall be special and limited obligations of AEDA,shall not be general obligations of AEDA, shall give rise to nolecuniary liabilityof AEDA, and shall be payable solely from the pledged security. The Project Revenue Bonds shall never constitute an indebtedness or generalobligation of the State, AEDA, the city or any other political subdivision of theState, within the meaning of any constitutional proviiion or statutory limitationwhatsoever, nor a pledge of the faith and credit or taxing power of urry of theforegoing, nor shail any of the foregoing be subject to any pecuniary liability thereon. without limitation, the Dor-city IGA does noi Jecrre the project Revenue Bonds and no pledge shall be made of the state's credit or taxing power for the repayment of the Project Revenue Bonds. No owner or obligee of the Project Revenue Bonds shall ever have the right to compel the exercise ofthe taxing power of the State, the city, or any otherpoiitical subdivision of the State, to pay the Project Revenue Bonds, or to enforce payment thereof against any property of the foregoing, nor shall the project Revenue Bonds constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the foregoing, including, without limitation, the Tax Receipts or the Tax Receipts Funds. The city agrees to cooperate as reasonably necessary for AEDA to issue the Project Revenue Bonds. Without limitation, the City agrees to participate in and support the validation of the Project Revenue Bonds, to provide disclosure information that is legally required, and to provide acknowledgement, as necessary, of AEDA's engaged investment banker and other professionals involved with the Project Revenue Bonds. Any provision hereof to the contrary notwithstanding, AEDA may at its option, but is not obligated to, pay (or incur any payment obligation for) any Eligible Project Costs or other costs related to the Project prior to the issuance of the Project Revenue Bonds. A11 payments of contract Revenues required by this Agreement will be paid directly to AEDA or its assignee, including any co{porate bond trustee, from the sole source stated above. city's obligation to make the reimbursement payments required by this Agreement from the sole source stated above will be absolute and unconditional until the principal of, premium, if any, and the interest on all project Revenue Bonds but in no event in an amount greater than $13,000,000.00 (less any fees imposed by Dor) in the aggregate will have been fully paid or will be deemed to have been fully paid pursuant to the provisions of any indenture or financing agreement as applicable, and such payments will not (except as provided herein) be abated or reduced for any reason whatsoever. Furthermore, city will not exercise any right of set-off or any similar right with respect to such payments, norwill it withhold any such payments because of any claimed breach of thisAgreement by AEDA. The foregoing provision relating to the absolute and unconditional nature of said obligation of City to pay is incorporated herein for the benefit of the owners of Project Revenue Bonds and will not affect the obligation d) e) 0 s) h) i) i) k) D of AEDA to perform its obligations under this Agreement or otherwise, nor will such provision otherwise affect any remedies available to City on account of any claimed breach by AEDA. City agrees that while any Project Revenue Bonds are outstanding that City: (i) wii nol terminate or amend the DOT-City IGA or, without AEDA's consent, grant any waiver thereunder, or revoke or repeal its resolutions relating thereto, and (ii) wiil not ffeate and will not suffer to remain, any lien, encumbrance or charge upon Tax Receipts Funds. The City agrees to provide to AEDA, in such form as is reasonably requested by AEDA, any and all documents, releases, financial statements and other information necessary io enable AEDA to comply with any disclosure or other reporting requirement, including but not limited to Rule l5c2-12 of the Securities and Exihange Commission, now or hereafter imposed by the United States of America, the Stati, or any political subdivision or agency of either having jurisdiction over the City, AEDA or the issuance and sale of AEDA's bonds or other debt obligations, by law, judicial decision, regulation, rule or policy' AEDA may pledge (the "Pledged Security") to the payment of principal of, premium, if any, and the interest on the Project Revenue Bonds, the entire amount of Contract Revenues and any investment earnings thereon together with the rights of AEDA to collect, from City, Contract Revenues payable pursuant to this Agreement. ln addition, any provision hereof to the contrary notwithstanding, if requested by AEDA in order that the Project Revenue Bonds may be issued in a greater principal amount if necessary to pay all Eligible Project Costs of the Project, in order that there is sufficient debt service coverage for the Project Revenue Bonds, or in order to mitigate any temporary disruption of Tax Receipts Funds for the Project received by the City, and if City shall agree to such request, then the Contract Revenues shall be enlarged from the reimbursement by City of Eligible Project Costs solely out of Tax Receipts Funds designated by DOT for the Project and collected by City from DOT, to also include any other legally available revenues as so agreed by Crty, provided, that such other revenues shall not include city,s local portion of TIA Tax Receipts under o.c.G.A. $a8-8-249(e). ln such event, City and AEDA will enter into an amendment of this Agreement reflecting such enlargement. AEDA hereby covenants and agrees for the benefit ofthe holders ofthe Project Revenue Bonds that it will not create any lien upon the Contract Revenues or this Agleement prior to the charge or lien thereby to be created for the payment of the Project Revenue Bonds. The Pledged Security will constitute security for the Project Revenue Bonds and AEDA agrees to administer amounts received hereunder in accordance with the terms of the Project Revenue Bonds. It is acknowledged by the parties hereto that the owners of the Project Revenue Bonds (and any trustee on their behalf) have an interest in the rights of AEDA, to collect from City, Contract Revenues payable pursuant to this Agreement and the right to enforce the related terms hereof against the respective parties, and the parties hereto understand, covenant and agree that the provisions of this Agreement relating to such rights will not be modified or amended in any particular way which would in any respect adversely affect or 10 impair the rights of any of such owners. Notwithstanding the foregoing, the project Revenue Bonds will not directly or indirectly or contiigently oblig;; the Siate,City, or any political subdivision to levy or to pledge any iorm of taxation whatevertherefor or to make any appropriation for the'payment thereof, and, withoutlimitation, the owners of the project Revenue B-onds (and any trustee on theirbehalf) shall have no charge or lien on the Tax Receipts oi the Tax Receipts Funds,and shall have no right or interest in the DOT-city IGa or any other interest in orclaim to any other property or contract rights of the state, iity, or any politicalsubdivision. 30' Term of this Agreement. This Agreement shall become effective upon its execution byboth parties hereto, and shall continue in effect until it has been completely perforrned by each party hereto.The foregoing notwithstanding, all rights that are intended to survive eiptation or earlier termination ofthis Agreement shall survive. Any provision hereof to the contrary notwithstanding, (a) if the project Revenue Bonds are not issued by 5:00 o'clock p.m., Augusta, Georgia, time on December 31,2022, thenAEDA may terrninate this Agreement, effectivg -immediately upon gilrirg notice of terminationio City, and(b) the term of this Agreement shall not exceed frfty (50) yi-. fro- itsiffective date, in accordance withthe provisions of Article D(, Section III, Paragraph I of tie Constitution of the State. IN WITNESS WHEREOF, the parties have caused this instrument to be executed by their dulyauthorized officers under seal, effective the day and year first above written. CITY: Augusta, Georgia AEDA: Development Authority of Augusta, Georgia Its Mayor Attest: By: (Seal) By: lts: Its Clerk of Commission 11 EXHIBIT A FI]I\DING POLICY l00o/o TIA Funded Project. THE LOCAL GOVERNMENT ACKNOWLEDGES THAT THE PROJECT IS IOO% FI']NDED WITH SPECIAL DISTRICT TRANSPORTATION SALES AND USE TAX PROCEEDS COLLECTED PURSUANT TO TI{E ACT AND THAT THE DEPARTMENT'S PAYMENT OBLIGATIONS RELATED TO THE PROJECT ARE STRICTLY LIMITED AS SET FORTH IIEREIN' THE LOCAL GOVERNMENT FURTHER ACKNOWLEDGES THAT NO ENTITY OF THE STATE OF GEORGIA OTHER THAN THE DEPARTMENT HAS ANY OBLIGATIONS TO THE LOCAL GOVERNMENT RELATED TO THIS PROJECT. THE OBLIGATION OF THE DEPARTMENT TO PAY OR REMBURSE ANY INCURRED COST IS EXPRESSLY LIMITED TO THE AMOI.]NT OF SPECIAL DISTRICT TRANSPORTATION SALES AND USE TAX PROCEEDS REMITTED TO THE DEPARTMENT BY GSFIC AND DESIGNATED BY THE DEPARTMENT FOR THE PROJECT. THIS AGREEMENT DOES NOT OBLIGATE TIM DEPARTMENT TO MAKE ANY PAYMENT TO THE LOCAL GOVERNMENT FROM ANY FI.INDS OTHER THAN THOSE MADE AVAILABLE TO TTIE DEPARTMENT FROM THE SPECIAL DISTRICT TRANSPORTATION SALES AND USE TAX PROCEEDS BY GSFIC AND DESIGNATED BY THE DEPARTMENT FOR TI{E PROJECT. IN T}IE EVENT THE FUNDS MADE AVAILABLE TO THE DEPARTMENT FROM THE SPECIAL DISTRICT TRANSPORTATION SALES AND USE TAX PROCEEDS ARE INSUFFICIENT FOR TIIE PROIECT AS DESIGNATED BY THE DEPARTMENT, T}IE DEPARTMENT'S PAYMENT OBLIGATIONS S}IALL NOT EXCEED THE AVAILABILITY OF SUCH SPECIAL DISTRICT TRANSPORTATION SALES AND USE TAX PROCEEDS AND THE DEPARTMENT SHALL HAVE THE RIGHT AT ITS SOLE DISCRETION TO TERMINATE TIIIS AGREEMENT IMMEDIATELY UPON NOTICE TO TI{E LOCAL GOVERNMENT WITHOUT FI]RTIIER OBLIGATION OF THE DEPARTMENT TO THE EXTENT THAT THE OBLIGATIONS EXCEED THE AVAILABILITY OF SUCH THE SPECIAL DISTRICT TRANSPORTATION SALES AND USE TAX PROCEEDS FOR THE PROJECT AS DESIGNATED BY TTM, DEPARTMENT. T}IE DEPARTMENT'S CERTIFICATION AS TO THE AVAILABILITY OF THE SPECIAL DISTRICT TRANSPORTATION SALES AND USE TAX PROCEEDS AS DESIGNATED BY THE DEPARTMENT FOR T}IE PROJECT STIALL BE CONCLUSIVE. Any payments shall be made to the LoCAL GoVERNMENT after receipt of such transportation sales and .6. tu* proceeds from GSFIC. The parties agree that the provisions of the Georgia Prompt Pay Act, O.C.G.A. $ 13-1 l-l etseq.,do not control and that the LOCAL GOVERNMENT waives any and all rights it may have under said Act. The LOCAL GOVERNMENT shall ensure that the provisions of this Article are included in all contracts and subcontracts. Insufricient Special District Transportation Sales and Use Tax Proceeds' If the DEpARTMENT determines that there are insufficient special district transportation sales and use tax proceeds remitted to the Department by GSFIC and designated by the Department for the PROJECT, the DEPARTMENT may at in its sole discretion: (1) Terminated this Agreement immediately (and not pursuant to the provisions of Article Xl)upon notice to the LOCAL GOVEilNMENT and without further obligation on the part of the DEPARTMENT; or l2 (2) Direct the Local Government to stop work under this Agreement. Such stop work suspension shall lastfor a maximum of ninety (90) days' AftLr this nilgy q0) dv p"i"a, if special district transportation salesand use tax proceeds as designated by the DEPARTMENi fo; the pRoJEOr are available or are anticipatedto be available, the LocAL GoVERNMENT will rru"" tnl-option to: (l) continue the work under theAgreement; (2) elect to terminate the Agreement pursuant to the termination provisions set forth in ArticleXI; or (3) agree to a new stop work suspinsion period as determined by the Departmenr No delay damagesor consequential damages will be recoverable ai a result of any stop work suspension period. l3 AEDA Augusta Corporate Park TIA RaiI proiect September 9.2022 Historv The Development Authority of Augusta, Georgia has been working since 2015 to find the best solution for rail into the Augusta Corporate Park from the Norfolk Southern Mainline which is the eastern boundary of the park. This need was based on large project interest in the Corporate Park but many of them required rail to locate in the site. For this reason, the AEDA explored multiple rail options with studies and consultation with Norfolk Southern. After several years of concept design and further interest in the park the current design was chosen and the AEDA has spent in excess of $1,000,000 to date for a 30% design of the rail, geotechnical exploration, historical and cultural resources studies, and permitting for wetland crossing to allow for fuIl design and construction of the project to take place. In2020, at the AEDA's request, the Commission included the building of rail as a project in the TIA band 1 package with $13 million for design and construction of this project. The request was based on anticipated projects that would invest over $lB and create over 500 jobs. With the successful approval of SPLOST and the actual commitment from three companies to the Cotporate Park, we are currently looking for approval to bond the project. The AEDA requests moving forward with design, construction, and financing of the project with an Intergovernmental Agreement (IGA) agreement between the AEDA and the City of Augusta. The AEDA will handle all design, construction, and financing of the project while following all GDOT and TIA rules and guidelines and will turn over a fully completed project to the City. The addition of arail spur and upgraded infrastructure have enhanced the Development Authority's ability to market the Augusta Corporate Park and has expanded the pool of companies considering locating facilities in Augusta. In addition to the Impacted Users noted below, the Development Authority is in discussions with another 7 active potential companies that are considering investing $ I .336 Billion and 2,333 new jobs. These are all now interested in the Corporate Park due to the inclusion of rail and enhanced infrastructure. IGA The following are key points to be aware of in the IGA attachedto this profile: l. Design, construction, and Financing will all be paid from TIA funds. 2. Maximum allowed TIA funds are $13 million. 3. Design and Construction are set to begin as soon as reasonably practical but well before the anticipated July 2023 date that the city could move forward with the project. 4. Design and Construction of the project will be done in accordance with all state and local laws and ordinances, and specifically in conformity with TIA. 5. The City's Engineering Department will have an IGA with DOT for the project. The AEDA will construct the project for the city. 6. Notice to proceed (NTP) will be coordinated with the City's Engineering Department. The city-DoT IGA must be satisfactory to the AEDA and the city. 7. AEDA will provide monthly reports on our progress. 8. procurement will be handled by the AEDA and will comply with all TIA policies and regulations. 9. The agreement allows for us to finance the project as set forth in the agreement. It does reference any legally available funds for financing purposes, but this agreement only authorizes $ 13 million of TIA funding. ANY other funds would need to be specifically authorizedby the Commission with a VOTE in the future. l0.Maintenance plan for the rail will be designed and coordinated between the AEDA and the City of Augusta in the future. 2. 1. Company: Announced Investment: Jobs in Phase I: Future Potential Investment: Future Potential Jobs: Annual Railcars needed: Company: Announced Investment: Jobs in Phase I: Future Potential Investment: Future Potential Jobs: Annual Railcars needed: Company: Announced Investment: Jobs in Phase I: Special Circumstances: Annual Railcars needed: Impacted Users PurcCycle Technologies $440 Million 82 new jobs $ 1 .1 Billion 150 new jobs 2,500+ Aurubis Richmond, LLC $430 Million 140 new jobs $770 Million 250 new jobs 1,000+ 3.Denkai America $460 Million 250 new Jobs North American Headquarters TBD Motion a-pprove a resolution authorizing the execution of an IntergovernmentalAgreement between the Development- arrthority of Augusta, Georgia faTUlu ,t"s".t"Economic Development Authority) and Agqusta, Georgil, as well ur"*y ottl. r"q;ir"ddocuments for the design, construction and-financing oitt. nail Spur io Uu located in the {ugusla Corporate Park, with Augusta's portion of-the construction costs to be fundedthrough the Georgia Transportation Investment Act (TIA) in an amount not to exceed$13,ooo,ooo. Background: In 2o2o the Augusta Economic Development Association(AEDA)requested and received approval from the Commissitn to include theconstruction of a rail project at the Augus-ta Corporate Park in the TIA band I packagewith $13M for design and construction. -After several years of concept design urrd furttEtinterest in the p_ark the current design was chosen and the AEDA has speit in excess of $t,ooo,ooo to date foy a go%o design of the rail, geotechnical exploratio^n, historical andcultural resources studies, and permjtting for wetland crossing to allow for full desig, urrJconstruction of the project to take place. T!r-e Mayor,-Clerk of Commission, Finance Director, General Counsel, and all other proper ofE_cers-and-agents of Augusta, Georgia are hereby authorized, empowered and diiedtedto do all such acts and things and to execute all such documents (such as, but not limitedto, a validation answer, a closing certificate, and any necessary preliminary and final ofEcial statements) as may be necessary to carry out and comply with the provisions andintent of this resolution. Analysis: The AEDA requests moving forward with design, construction, and financing of the project with an Intergovernmental Agreement (IGA) agreement between the AED^{ and the Citf gfaugqgta. The AEDA will handle all design, construction, and financing of the project while following all GDOT and TIA rules and guidelines and will turn over a fully completed project to the City. This project will impact current corporations housed at the Augusta Corporate Park to include Purecycle Technologies, Aurubis Richmond, LLC, Denkai America. Financial Impact: TIA Band I not to exceed $rSM Alternatives: Do not approve a resolution authorizing the execution of an Intergovernmental Agreement between Augusta Economic Development Authority and Augusta-Richmond County, as well as any other required documents for the design, construction and financing of the Rail Spur to be locatid in the Augusta Corporate pait<, with Augusta's portion of the construction costs to be funded through ihe GeorgiaTransportation Investment Act (TIA) in an amount not to exceed $r3,ooo,ooo. Recommendations_: Approve a resolution authorizing the execution of anIntergovernrnental Agreernent between,Augusta Economic Development Authority and- Augusta-Richmond Coun$, as well as any other required do-cuments for thldesign, construction and financing of the Rail Spur to 6e located in the AugustaCorporate Park, with Augusta's portion of the construction costs to be ruiaeathrough the Georgia Ttsansportation Investment Act (TIA) in an amount not to exceed $13rooorooo. Commission Meeting Agenda 10/18/2022 2:00 PM Intergovernmental Agreement Department: Department: Caption:Motion to approve Intergovernmental Agreement for design, construction and financing of rail spur between Augusta, Georgia and Development Authority of Augusta, Georgia. (Approved by Engineering Services Committee October 11, 2022) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 10/18/2022 2:00 PM Landfill Compactor Purchase Bid 22-190 Department:Engineering Department:Engineering Caption:Motion to approve supplement funds in amount of $147,689 to be added to awarded Bid to Yancy Brothers for Landfill Compactor Purchase. Bid 22-190 / Requested by AE&ESD. (Approved by Engineering Services Committee October 11, 2022) Background:Bids were received on March 31, 2022 with Yancey Brothers (Yancey) being the qualified responsible bidder. Accordingly bid was awarded to Yancey Brothers. Yancy quoted price included equipment delivery twelve months (12) lead time. However quoted price was based on Caterpillar 2022 pricing schedule. In August 2022 Caterpillar announced price increase in January and July 2023 that total to 16% ($295,378) of 2022 list price. Analysis:Augusta Landfill operation is a daily eleven-hour waste intake operation and current equipment is aging and frequently down for maintenance. Yancey offered splitting escalated amount and Landfill has to pay only half of increased amount of $295,378, that is $147,689. To avoid further delay getting needed compactor, in staff opinion sharing additional cost half/half is good path forward. Financial Impact:Funds in amount of $147,689 are available in Environmental Services Operation FY2022 budget (541044210/5422510). Alternatives:Cancel Bid and find alternate options for purchasing this equipment. Recommendation:Approve supplement funds in amount of $147,689 to awarded Bid to Yancy Brothers for Landfill Compactor Purchase. Bid 22-190 / Requested by AE&ESD. Funds are Available in the Following Accounts: ($147,689) 541044210-5422510 – Solid Waste Funds REVIEWED AND APPROVED BY: Commission Meeting Agenda Lee N. Beard Commission Chamber - 1014t2022 ATTENDANCE: Present: Hons. Hardie Davis, Jr,, Mayor; Johnson, Garrett, Frantom, B. Williams, Scott, McKnight, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. Absent: Hon. Mason, member of Augusta Richmond County Commission. INVOCATION: PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMEzuCA. RECOGNITION(S) 2022 September Years of Service (YOS) 25-50 year recipients A. 2022 September Years of Service (YOS) 25-50 year recipients. Item Action: None 2022-04-10-2022 YOS ForJ5-50_YOS Recinients.pdf I tem.{pnrovalSheet.html Motions Motion Motion Text Made Seconded MotionrYPe By By Result Presentations are made to the September 2022 Years of Service Recipients. Five ($ minute time limit per deleeation DELEGATIONS B. Director Margaret Woodard, Executive Director Downtown Development Authority to give update and Item status report to the Commission. (Requested by Commissioner John Clarke) Action: None SKNI C65822092910270.pdf ItemAnnror.alSheet.html Motions Motion Type Motion Text Made By Seconded By f*il 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 SKll C65822092910281.pdf ItemApnrovalSheet.html Motions Motion Type Motion Text Made By Seconded Bv fJJi." Presentation is made by Mr. Todd. CONSENT AGENDA (Items l-12) PUBLIC SAFETY 1. Motion to approve Proposal from Faster Asset Solutions, Inc. for the Implementation of Faster Web as a Item sole source procurement. (Approved by Pubtic Safety Committee September 27'2022) Action: Approved Sole Sourcc Anprolal.pdf FasterWeb-AusustaRichmond-Countv-GA.pdf ItemAptrrovalSheet.html Motions Y.:j:" Motion rext Made By Seconded By HJilrype Motion to approve. a -_-^-.^ Voting No: Commissioner Commisioner Sean Commissioner Brandon passesApprove John Clarke. Frantom Garrett Motion Passes 8-1. 2. Motion to approve ARP Funds in the amount of $6,931,618 for the purchase of 2022 and 2023 Item replacement fire apparatus and light vehicles and additional funding for air light support unit approved in Action: 2}22budget.(Approved by Public Safety Committee September 27,2022) Approved ItemApnrovalSheet.html Motions *j:Il Motion Text Made By seconded By f"".ti,'rype Motion to approve referring this item back to committee. : : , -,. o- -- ^---^-^^:Defer Voting No: commissioner F;T'"*t""er Sean ;:#ffiTl;:, Passes John Clarke. Motion Passes 8-1. 3. Motion to approve award of RCCI's Inmates' Commissary operation to Stewart Distribution.(Approved Item by Public Safety Committee September 27,2022\ Action: Approved Inmates Commissan (202J).ndf ItemAprrrovalSheet.html Motions Motion Motion Text Type Made By Seconded By Motion Result Motion to approve. Approve ,"""r,irS,*?;Commissioner $;mmisioner Sean Commissioner Brandon passes Motion Passes 8-1. ENGINEERING SERVICES 4. Motion to approve Supplement funding (SA2) to Clark Patterson Lee (CPL) in the amount of $25,000for the 6th Street Improvements Construction Phase Services (CEI). Requested by Engineering / RFp l8- 279. (Approved by Engineering Services Department Septembe r 27 ,-2022) Item Action: Approved (-PL ('EI-Fee_Prouosal TIA.udf S.\2-6th Street Imn. 9.l2.22.docx ItemAnnrot,alSheet.htmI Motions Motion Motion Textrype Motion to approve. ^ Voting No: Commissioner Commisioner Sean Commissioner Brandon passesApprove John Clarke. Frantom Garrett Motion Passes 8-1. 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) 22-152 TAB.PDF EXHIBIT A 22-152 Eneineering Rodrvav ROW Xlou,ine-Fee Schedule.pdf Made By Made By Seconded By Seconded By Motion Result Motion Result Item Action: Approved Item Action: Approved I temApnrovalSheet. htm I Motions Motion Motion Textrype Motion to approve.. Voting No: Commissioner Commisioner Sean Commissioner Brandon passesApprove John Clarke. Frantom Garrett Motion Passes 8-1. 6. Motion to approve Supplemental funding (SA1) for Engineering Phase of Design Consultant Contract to Infrastructure Systems Management,LLC in the amount of $147,g66 for the Greene Street Improvementsproject. Requested by Engineering IRFP 18-312.(Approved by Engineering Services Department September 27,2022\ Greene Street Suprrlement Request I'pdf Sr,l-GREENE STREET 09.15.22.docx I temA p p rov a lS heet. htm I Motions Motion Motion Text Made Byrype Approve Motion to approve. Voting No: Commissioner John Clarke. Motion Passes 8-l. Commisioner Sean Commissioner Brandon passesFrantom Garrett Made By Seconded By Seconded By Motion Result Motion Result Item Action: Approved Item Action: Approved 7. Motion to approve entering into an agreement with (CSXT) CSX TRANSPORTATION, NC. 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, 2022'1 GAXXXX Aueusta DR{FT-CE-.{GREE RE\/ 437-3083 220904.ndf CPB 09.15.22.x|sx I tem A p nrova lSh eet. htm I Motions Motion Motion Textrype Approve Motion to approve. Voting No: Commissioner Commisioner Sean Commissioner Brandon passes John Clarke. Frantom Garrett Motion Passes 8-1. 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 trrso 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 Septemb er 27, 2022) 22-208 RFP-Advertisement for-Paner.docx 22-20 8_OFFI C I A L-TAB. x ls 22-208 Cumulative Eval Sheet.rrdf 22-208 Department Recommendation of A*,ard - Roadwav Nlaintenance Emergencv CTT .{ED Au'ard Recom.pdf 22-208 Plan Holders.pdf FYI Process Reeuardine RFP uodated-5-3-21.docx 22-208 Rorrlsav Routine N{aintenace Repair - Ga Carolina and Bearus Ncgg!!A!g-d-I I te m Ap p rova lSh eet. h tm I Motions Motion Text Made By Seconded By Motion MotionType Result Motion to approve. ^ Voting No: Commissioner Commisioner Sean Commissioner BrandonApprove John clarke. Frantom Garrett Passes Motion Passes 8-1. 9. Motion to approve supplemental funding for various Tasks under Final Design Phase of Engineering Item Consultant Agreement to WK Dickson & Co., Inc. in the amount of $99,800.00 for Wilkinson Garden Action: Area Roadway Drainage Improvements as requested by AED. RFQ 07-l14. (Approved by Engineering Approved Services Department September 27, 2022) 2022-09-14 Amendment 8 to (lontract for Sen,ices \\'ilikinson Gardens.ndf \\/ilkinson Gardens S-{#8 09.16.22.pdf I tenrApprovalS h eet.htm I Motions f#:"' Motion Text Made By seconded By f"'rtil Motion to approve. ^ Voting No: Commissioner Commisioner Sean Commissioner Brandon passesApprove John Clarke. Frantom Garrett Motion Passes 8-1. PETITIONS AND COMMUNICATIONS 10. Motion to approve minutes of the Regular Meeting held September 20, 2022 and the Special Called Item Meeting held September 27,2022. Action: Approved Resular Commission \Ieetine Sentember 20 2022.ndf (-alled Commission lleetinlSentember 27 2022.ndf ItemAp p rova lS heet.htm I Motions X:tl"" Motion Text Made By Seconded By MotionIype -.---- -r Result Motion to approve. ^ Voting No: Commissioner Commisioner Sean Commissioner Brandon passesApprove John Clarke. Frantom Garrett Motion Passes 8-1. ATTORI\EY 11. Motion to approve an Ordinance to Amend the Augusta, GA Code Title One Chapter Two Article One Item Section l-2-2 AND SECTION l-2-13 (RULE OF PROCEDURE l.0l) Relating to the Time AND Action:PLACE for Commission AND COMMITTEE Meetings of the Augusta, Georgia Board of Approved 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) SK\I C6582209I915,180.pdf ItemAnnrovalSheet.htm I Motions fr'J:"" Motion Text Made By seconded By fffil Motion to approve.. Voting No: Commissioner Commisioner Sean Commissioner Brandon passesApprove John clarke. Frantom Garrett Motion Passes 8-1. 12. Motion to approve an Ordinance to amend the Augusta, Georgia Code to allow the consideration of a Item rezoning of property after six months of the denial of a same or similar petition for the rezoning of the Action: property.(Approved by the Commission September 20,2022 - second reading) Approved SKNI C65822091915490.pdf ItemAnnrovalSheet.html Motions X::" Motion rext Made By seconded By fJ.ii.'rype Motion to approve. ^ Voting No: Commissioner Commisioner Sean Commissioner Brandon passesApprove John Clarke. Frantom Garrett Motion Passes 8-1. ****END CONSENT AGENDA**** AUGUSTA COMMISSION 10t4t2022 AUGUSTA COMMISSION REGULAR AGENDA 10t412022 (Items 13-22) PUBLIC SERVICES 13. Amended Alcohol Application: A. N.22-22-3- A request by Jeremy Hawes for reconsideration of Item the amended alcohol application. The applicant is requesting that Dance be removed from the previously Action: approved alcohol application. Approved AN-22-22-3.pdf ItemAprrrovalSheet.htm I Motions []i:' Motion Text Made By Seconded By HtJiItype Approve Motion to approve. Commisioner Sean Commissioner Brandon Passes Voting No: Commissioner Frantom Garrett 14. John Clarke. Motion Passes 8-1. Receive update from Code Enforcement relative to Commissioner Jordan Johnson) Weed School in Sand Hills. @equested by I temApn rovalSheet.htm I Motions Motion Motion Textr ype Made SecondedBy Bv Item Action: Approved Item Action: Rescheduled 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) Motion Result Motion Result Motion Result Defer 16. Procure firm currently not doing business with Augusta to perform complete in-depth audit of all Item financial aspects of Augusta's Storm Water Program; monies collected, salaries, monies paid out and to Action: whom and projects completed and ongoing with cost. (Requested by Commissioner John Clarke) Disapproved 2022-27-09 Gold Cross Draft Contract 08292022.pdf I temA nurova lSheet.html Motions X::"" Motion Text Made Byrype Motion to refer this item back to committee. Voting No: Commissioner John Clarke. Motion Passes 8'1. SKNI C65822092910280.ndf ItemApnrovalSheet.htnrl Motions Motion Motion Textrype 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 Approve Jordan Johnson, Commissioner Francine Scott, Commissioner Bobby Williams, Commissioner Dennis Williams. Motion Fails 3-6. Commisioner Sean Commissioner Brandon purr",Frantom Garrett Seconded By Made By Seconded By Commissioner John Clarke Commissioner Catherine Smith- Fails McItuight 17. Motion to accept the FY2023 Budget Retreat Summary Report and lnfrastructure, Public Safety, GovemancelFinance, Economic Development, as the FY2023 Commission budget priorities. affirm Quality of Life, Item andExternalRelationships Action: Approved 2022-13-09 R Aueusta Budeet Workshop Summrn' (3).pdf ItenrApprovalSheet.html Motions Motion Type Approve Motion Text Motion to approve. Voting No: Commissioner John Clarke. Motion Passes 8-1. Made By Commisioner Sean Frantom Seconded By Motion Result 18. Motion to approve the Deans Bridge Road Revitalization Plan as Authority (c/o HCD). Commissioner Brandon ^Garrett l'asses presented by the Augusta Housing ltem "fi::Tl; Aususta Revitalization PIan_llRdFT (9.1.22) (l).ndf IlenrApprovalSheet.html Motions Motion Motion Textr ype Motion to Approve approve. Motion Passes 9-0. Made By Commissioner Bobby Williams Commissioner Francin. purr., Seconded By Motion Result 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. l\{t Auburn_\\'eed ST-(lontract.dotx ItemApprova ISheet. htm I Item Action: Approved Motions Motion Type Approve Motion Text Made By Seconded By Motion Result Motion to approve. Voting No: Commissioner Commisioner Sean Commissioner Brandon passes John Clarke. Frantom Garrett Motion Passes 8-1. 20. Motion to provide an update to Commission on Augusta's Benefits Plan and approval/authorization execute an agreement with Anthem Blue Cross Blue Shield for a three year period. Item Action: Approved I - 22-247 RFP Advertisement for paper.docx 2 - 22-2.17 OFFTCAL TAB.xls 3 - 22-247 Cumulative Evel-nrtf 5 - 22-2{7 Planholders.pdf I - 22-236 RFP Advertisement for paoer.docx 2- 22-236 OFI,'ICIAL 'fAB_rts 3 - 22-236 Cumulative_Eval.ndf 5 - 22-236 planholders.pdf SKXI (1658220929I028t.ntif SKl,l C658220929t 0460.rrdf ItemAppror alshcet.html Motions Motion Type Motion Text Motion to approve. Approve NiXt,*3;commissioner f;mmisloner sean Motion passes 8-1. 21' Motion to adopt Fort Gordon Growt!-Ma_nagement plan _resolution in support of cSRA Regionalcommission' (Requested by Mayor Hardie-Davis, ir. deferred from ihe september 20, 2022Commission Meeting) Made By Made By Seconded By Commissioner Brandon Garrett Motion Result Passes Item Action: Approved Motions f#:'" Motion rext Seconded By Motion Result Motion to approve. Approve [iXr3,]i;commissioner f;mmisioner sean E:[#rr,"ner Brando, pu.r., Motion passes g_1. ADDENDUM 22' Motion to approve.HCDs request to loan HOME Funds, in the amount of $640k, for construction of rhe ItemLenox in partnership with The Lenox Limited.Paqr"..i,plolrhg sole purpose of a GA Department of Action:community Affairs (DCAs) Low Income Housing tax creoit project onir-'-'o ur a \rA lreparum( Approved I temArrprovalsheet.h tm I The-Lenox-- RENDERED SITE PLAN'pdf Nllallalieu Pointe East Point G'{'pdf I temArr n rova lSh eet. h tm I Motions Made Seconded Motion |Iotton Motion Text By By ResultType ltwastheconsensusoftheCommissionthatthisitembe added to the agenda' Motions Motion Motion Text Made By seconded By HtjilType Motion to apProve' votins No: Commissioner cOmmiSioner Sean commissioner Brandon PassesApprove John 6larke. Frantom Garrett Motion Passes 8-1. 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 ltem Open Meeting Act. v r!^EJ A"i,t:l; www.augustaga.gov CALLED MEETING COMMISSION CHAMBER October 11,2022 Augusta Richmond County Commission convened at 11:00 a.m., Tuesday, october ll,2022, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. 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. The Mayor called the meeting to order. 1. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Mr. Brown: I would request that we go into an executive session to discuss pendingand potential litigation, real estate and personnel. Mr. Frantom: I so move. Mr. Garrett: Second. Mr. B. Williams out. Motion carries 8-0. [EXECUTTVE SESSION] Mr. Mayor: If we could take our seats and cease all conversations, we,re going toreconvene. The Chair recognizes the General Counsel. 2' Motion to authorize execution by the Mayor of the affidavit of compliance withGeorgia,s Open Meeting Act. Mr' Brown: Thank you, Mayor and Commissioners. We request a motion to executethe closed meeting affidavit. Mr. Frantom: So moved. Ms. McKnight: Second. Mr. Mayor: Voting. Motion carries 9-0. Mr. Mayor: The Chair recognizes the General Counsel for the reading of a motion. Mr. Brown: We request a motion to adopt a Resolution authorizing the settlement of all claims by Tavarius Washington in the aggregate amount of $210,000 payable as follows: Tavarius Washington and Burnside Law Firm LLP as his attorney, further authorizing the Administrator to disburse the amount of $2101000 waiving Augusta, Georgia Code of Ordinances Sections in conflict for this instance only and for other purposes. Mr. B. Williams: So moved. Mr. D. Williams: Second. Mr. Mayor: Mayor Pro Tern and the commissioner from the 2"d. Voting. While they are voting, it is also Tuesday, October 11 and it is International Day of the Girl and today we want to take Jvery occasion and-opportunity to celebrate the young girls in our cofirmunity and across this great state and nation. T'fiose young girls who are sisters, daughters and nieces and we celebrate them on today. Motion carries 9-0. Mr. Mayor: The Chair recognizes the General Counsel' Mr. Brown: Thank you, Mayor. A motion to allow HCD to acquire 1011 Laney Walker Btvd. for the su- o1$133,000 through the Augusta, Georgia Land Bank for the purpose of future commercial mixed use residential development. Ms. McKnight: So moved. Mr. Clarke: Second. Mr. Mayor: A motion and a second. Voting. Motion carries 9-0. Mr. Mayor: The Chair recognizes the General Counsel' Mr. Brown: We request a motion to approve the Housing & Community Development Department to purchase for Augusta, Georgia through the Augusta, Georgia Land Bank 1019 Laney Walker Blvd. through the Augusta, Georgia Land Bank Authority for future commercial mixed-use housing and developmental purposes' Ms. Scott: So moved. Mr. Johnson: Second. Mr. Mayor: Voting. Motion carries 9-0. Mr. Mayor: The Chair recognizes the General Counsel for the reading of a motion. Mr. Brown: We request a motion to approve the hiring of Mr. Adeyemi (peter)Adeleke as Augusta Engineering Department Project Engineei of Construction in theEngineering Department at a salary of $951000 and the customary employee benefitsprovided to all Augusta, Georgia employees with the effective date being November 2612022. Ms. McKnight: So moved. Mr. Hasan: Second. Mr. Mayor: Voting. Motion carries 9-0. Mr. Mayor: General Counsel, I believe that,s all that,s before us. Mr. Brown: That is correct. Mr. Mayor: Thank you. Madam Clerk. The Clerk: Yes, sir, we're good. [MEETING 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 copyof the minutes of the Called Meeting of the Augusta Richmond County Commission held onOctober 11,2022. Clerk of Commission Commission Meeting Agenda 10/18/2022 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 October 4, 2022 and the Special Called Meeting held October 11, 2022. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 10/18/2022 2:00 PM FY2023 Budget Presentation Department:Administrator's Office Department:Administrator's Office Caption:Administrator's proposed fiscal year 2023 budget presentation. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 10/18/2022 2:00 PM Resolution of Condolences Department: Department: Caption:Motion to adopt Resolution of Condolences for the late State Representative and Chairman of the Augusta Legislative Delegation Hon. Henry "Wayne" Howard. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 10/18/2022 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: