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Home My WebLink About2022-11-01-Meeting MinutesCommission Meeting Agenda Commission Chamber - 11/1/2022 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Johnson, Garrett, Mason, Frantom, B. Williams, Scott, McKnight, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. INVOCATION: Reverend Nic Filzen, Pastor Unitarian Universalist Church of Augusta. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) 2022 October Years of Service (YOS) 25-50 year recipients A. 2022 October Years of Service (YOS) 25-50 year recipients. Item Action: None 2022-01-11_10-2022_YOS_For_25-50_YOS_Recipients_Memo.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentations were made to the 2022 October Years of Service recipients. Five (5) minute time limit per delegation DELEGATIONS B. Presentation of the City Arts Grant Awards.Item Action: None ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentations were made for the City Arts Grant Awards. C. Mr. Moses Todd regarding support of 5th Street Freedom Bridge. Item Action: None SKM_C65822102716160.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation was made by Mr. Todd. D. Ms. Theresa Pittman - Jefferson Davis Bridge & plaques. Item Action: None SKM_C65822102711580.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation was made by Ms. Pittman. E. Mr. Jim Davis regarding the Jefferson Davis Memorial Bridge plaque removal.Item Action: None SKM_C65822102711581.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation was made by Mr. Davis. F. Mr. Robert Green - Memorial Signs on 5th St bridge.Item Action: None SKM_C65822102711582.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation was made by Mr. Green. G. Mr. Paul Stampley- monument/National Heritage Act.Item Action: None SKM_C65822102711583.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation was made by Mr. Stampley. H. Mr. Carl Mixon- monument/Memorial Heritage Act. defense of Jefferson Davis plaque on new pedestrian bridge (old 5th Street Bridge) and to insure law not violated. Item Action: None SKM_C65822102716370.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation was made by Mr. Mixon. I. Mr. Martin O'Toole- Jefferson Davis Bridge memorial plaque. Item Action: None SKM_C65822102716321.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation was made by Mr. O'Toole. CONSENT AGENDA (Items 1-23) PUBLIC SERVICES 1. Motion to approve the acceptance of the National Fitness Campaign's 2022 Healthy City Grant. (Approved by Public Services Committee October 25, 2022) Item Action: Approved PR000377.pdf Augusta_GA_NOA_GPR_2022_Award_Letter.pdf 2022-01-11_Outdoor_Fitness_Court_at_Dyess_Park.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Jordan Johnson Commissioner Bobby Williams Passes 2. Motion to approve the 2023 Cooperative Agreement with CSRA Regional Commission for Senior Nutrition Services for Augusta, Georgia.(Approved by Public Services Committee October 25, 2022) Item Action: Approved CSRA_Regional_Commission_-_FY_2023_Cooperative_Agreement_-_Section_I.pdf CSRA_Regional_Commission_-_FY_2023_Cooperative_Agreement_-_Section_II.pdf CSRA_Regional_Commission_-_FY_2023_Business_Associate_Agreement.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Jordan Johnson Commissioner Bobby Williams Passes 3. Motion to renew the Sec. 5311 Rural Transit grant application between the Georgia Department of Transportation (GDOT) and Augusta, Georgia for July 1, 2023, to June 30, 2024.(Approved by Public Services Committee October 25, 2022) Item Action: Approved PR000387.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Jordan Johnson Commissioner Bobby Williams Passes 4. Motion to approve an Airport Communications & Customer Service budget amendment in the amount of $60,840.00 to hire six Passenger Assistance Liaisons (PALs). Approved by the Augusta Aviation Commission on September 28, 2022.(Approved by Public Services Committee October 25, 2022) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Jordan Johnson Commissioner Bobby Williams Passes 5. Motion to accept grant award from Georgia Association of Metropolitan Planning Organizations (GAMPO) for the Regional Freight Plan Update. (Approved by Public Services Committee October 25, 2022) Item Action: Approved ARTS_FreightStudy_0019245.pdf FINAL_FY_2023_UPWP_06092022.pdf 2022_ARTS_Regional_Freight_Plan_Update_PL_Application.pdf PR000382.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Jordan Johnson Commissioner Bobby Williams Passes 6. Motion to approve allowing the Planning & Development Department to look at similar ordinances in cities such as Savannah, Atlanta and Columbia, SC in order to formulate an ordinance and also any ordinances that pertain to adult entertainment and come back with a report at the December 6 Commission meeting.(Approved by Public Services Committee October 25, 2022) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Jordan Johnson Commissioner Bobby Williams Passes 7. Motion to approve the location for the Gateway Sculpture at Sand Bar Ferry Road.(Approved by Public Services Committee October 25, 2022) Item Action: Approved Sand_Bar_Ferry_Rd_-_Gateway_Sculpture_location.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Jordan Johnson Commissioner Bobby Williams Passes 8. Motion to approve the purchase of Microtransit/Dynamic-Responsive Software as a Service (SaaS) scheduling system for Augusta Transit (AT).(Approved by Public Services Committee October 25, 2022) Item Action: Approved RFP_21-245_ADV_to_paper.docx 21-245_OFFICIAL_TAB.xls 21-245_Cumulative_Eval_sheet_Phase_II.pdf 21-245_Department_Recommendation_of_Award.pdf FYI_Process_Reguarding_RFP_updated_5-3-21.docx 21-245_Plan_Holders.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Jordan Johnson Commissioner Bobby Williams Passes 9. Motion to accept a grant from the Georgia Recreation and Park Association for the execution of the "Coaching Boys into Men" program. (Approved by Administrative Services Committee October 25, 2022) Item Action: Approved grpa-dph_partnership_flyer.pdf 22_Augusta-_Boys_To_Men_Completion_Award_Letter.pdf PR000372.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Jordan Johnson Commissioner Bobby Williams Passes 10. Motion to allow Planning & Development to work with Legal and the Administrator to review all ordinances pertinent to Code Enforcement and nuisance and bring recommendations back to the Commission; to have a workshop with the Commission to discuss the ordinance and any possible changes and to ascertain the Commission's priorities; to work with Human Resources regarding the renaming of the division to Code Compliance with a community engagement series to be held in 2023; and to request financial support in the amount of $50,000 for the year 2023 for the pilot program to assist residential property owners. (Approved by Public Services Department October 25, 2022) Item Action: Approved Code_Enforcement_1-pager.pdf 2022-01-11_Code_Enforcement--Commission_Presentation.pptx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Jordan Johnson Commissioner Bobby Williams Passes 11. Motion to approve an Ordinance amendment to adopt Georgia State minimum Standard Codes for Tiny Houses; amending Ordinance No. 7840. (Approved by Administrative Services Committee October 25, 2022) Item Action: Approved Appendix_Q_Draft_Ordinance.docx tiny_house_appendix.pdf 2022-25- 10_ORD_7840_TO_PERMIT_THE_CONSTRUCTION_AND_OCCUPATION_OF_TINY_HOUSE_VILLAGES.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Jordan Johnson Commissioner Bobby Williams Passes ADMINISTRATIVE SERVICES 12. Motion to approve the following annual bid items due to annual purchases for this bid is estimated to exceed $25,000.00. Annual Bid Item 23-034 Inspection of Shop Equipment. 23-058 Erosion & Sedimentation Control. 23-103 Gates, Hoses & Fittings for Engineering and Environmental Services. 23-036 Batteries for Sheriff's Office. 23-011 Chemicals - Utilities Department. The recommendation of award is for one (1) year with the option to extend for one (1) additional year upon mutual consent of both parties. (Approved by Administrative Services Committee October 25, 2022) Item Action: Approved 23-034_Inspection_of_Shop_Equipment.pdf 23-058_Erosion_-_Sedimentation_Cntrol.pdf 23-103_Gates_Hoses___Fittings.pdf 23-036_Batteries.pdf 23-011_Chemicals.pdf 2023_Annual_Bid_Award_Recommendation_-_Request_#1.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Jordan Johnson Commissioner Bobby Williams Passes 13. Motion to approve Housing and Community Development Department’s (HCD's) request to transfer budget funds of $50,000 from object code 5111110 to object code 5239112 temporary workforce expenditures.(Approved by Administrative Services Committee October 25, 2022) Item Action: Approved Copy_of_Salary_Savings_2022.xlsx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Jordan Johnson Commissioner Bobby Williams Passes 14. Motion to approve the execution of the attached MOU in the amount of $1M to the Augusta Georgia Land Bank.(Approved by Administrative Services Committee October 25, 2022) Item Action: Approved MOU_ARP_Land_Bank.docx 2022-01-11_Blight_Funding_And_Support.pdf ItemApprovalSheet.html Motions Motion Text Made By Seconded By Motion Type Motion Result Approve Motion to approve. Voting No: Commissioner John Clarke, Commissioner Catherine Smith- McKnight. Motion Passes 8-2. Commissioner Bobby Williams Commissioner Francine Scott Passes ENGINEERING SERVICES 15. Motion to approve the naming of the 5th Street decommissioned bridge Freedom Bridge and removing the name of Jefferson Davis on the bridge (Approved by the Engineering Services Committee October 26, 2022) Item Action: Rescheduled ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to defer taking any action on this item until the attorney comes back to the next Commission meeting after further researching the matter. Motion Passes 10-0. Commissioner Ben Hasan Commissioner Francine Scott Passes 16. Motion to approve of Emergency Purchase Order P437139 For Augusta Utilities for $37,000. (Approved by Engineering Services Committee October 25, 2022) Item Action: Approved Emergency_(003).pdf P437139.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Jordan Johnson Commissioner Bobby Williams Passes 17. Motion to approve and authorize Augusta Mayor to execute Georgia Department of Human Services, Division of Family and Children Services Agreement to participate in the Low-Income Household Water Assistance Program (LIHWAP). Requested by DHS-DFCS, CSRA EOA, and Augusta Utilities Department (AUD). (Approved by Engineering Services Committee October 25, 2022) Item Action: Approved FY22_LIHEAP_Home_Water_Supplier_Agreement_final_9-15-21.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Passes Motion to approve. Motion Passes 10-0. Commissioner Jordan Johnson Commissioner Bobby Williams 18. Motion to approve one-year, no-cost time extension to Augusta / GA-EPD / Brier Creek Soil & Water District Seed Grant.(Approved by Engineering Services Committee October 25, 2022) Item Action: Approved SFY21_-_OFFER_Contract_SFY2021_SEED_Amend_1_Augusta_761-210006_for_Augusta_signature.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Jordan Johnson Commissioner Bobby Williams Passes 19. Motion to approve the deed of dedication, maintenance agreement, and road resolution submitted by the Engineering Department for Haynes Station Section 5. Also, approve Augusta Utilities Department easement deed and maintenance agreement. Requested by Engineering.(Approved by Engineering Services Committee October 25, 2022) Item Action: Approved Haynes_Station_Section_5_-_Final_Inspection_Memo.doc Haynes_Station_Section_5_Dedication_Memo_-_Law_Dept_-_Copy.docx Resolution_for_Haynes_Station,_Sect._5.doc ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Jordan Johnson Commissioner Bobby Williams Passes 20. Motion to approve proposal from HDR Engineering, Inc. (HDR) to provide additional services review and implementation plan for the EPA’s recent revisions to the Lead and Copper Rule. CH2M HILL 16.00 (Approved by Engineering Services Committee October 25, 2022) Item Action: Approved AUD_HDR_Scope_Change_Authorization_LCRR_Compliance_Review_and_Implementation_Plan_07062022.pdf HDR_ENGINEERING-20UTI820_CO#2.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Jordan Johnson Commissioner Bobby Williams Passes 21. Motion to approve proposal from HDR Engineering, Inc. (HDR) to provide additional services for a water system study of Fort Gordon’s West District for the Utilities Department. CO #3 - 20UTI820 (Approved by Engineering Services Committee October 25, 2022) Item Action: Approved AUD_Fort_Gordon_West_District_Study_-_HDR_Scope_Change_final_6.4.2022.pdf AUD_Fort_Gordon_West_District_Study_-_MapF.pdf HDR_ENGINEERING-20UTI820_CO_3.pdf HDR_Engineering-20UTI820.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Jordan Johnson Commissioner Bobby Williams Passes 22. Motion to receive as Information. Approve State Highway System Revisions in Augusta-Richmond County: State Route 415 Access Road (County Road 1913 and 1912). Requested by Engineering. (Approved by Engineering Services Committee October 25, 2022) Item Action: Approved GDOT_WS_Access_State_Hwy_System_Revision_July_2022.pdf County_Roads_1912___1913-Map.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Jordan Johnson Commissioner Bobby Williams Passes PETITIONS AND COMMUNICATIONS 23. Motion to approve minutes of the Regular Meeting held October 18, 2022 and the Special Called Meeting held October 25, 2022. Item Action: Approved Regular_Commission_Meeting_October_18_2022.pdf Called_Commission_Meeting_October_25_2022.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Jordan Johnson Commissioner Bobby Williams Passes ****END CONSENT AGENDA**** AUGUSTA COMMISSION 11/1/2022 AUGUSTA COMMISSION REGULAR AGENDA 11/1/2022 (Items 24-27) PUBLIC SERVICES 24. New Location: A.N. 22-76: A request by Shaun M. O'Keefe for a retail package Beer & Wine License to be used in connection with ALDI, Inc located at 3121 Peach Orchard Rd. District 5. Super District 9. (Requested by Commissioner Ben Hasan) Item Action: Approved AN-22-76.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes ADMINISTRATIVE SERVICES 25. Discuss the EMS service. (Requested by Commissioner Ben Hasan) Item Action: Disapproved SKM_C65822102716322.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve the following items regarding the Gold Cross contract: remove the QRV for Gold Cross, set the term of the contract for three years with two one-year renewal terms approved by the Commission, remove the six months for Gold Cross to come into compliance for ambulances or QRV's with compliance to be from the first day of the contract, remove the provision for Gold Cross to subcontract any part of this contract out, pay for the subsidy on a monthly basis starting the contract on January 1, 2023 and provide a subsidy of $1,000,000 to Gold Cross. Ms. McKnight abstains. Voting No: Commissioner John Clarke, Commisioner Sean Frantom, Commissioner Brandon Garrett, Commissioner Alvin Mason, Commissioner Dennis Williams. Motion Fails 4-5 -1. Commissioner Ben Hasan Commissioner Bobby Williams Fails ADDENDUM 26. Discuss Augusta Public Transit Department's transportation needs. (Requested by Mayor Pro Tem Bobby Williams) Item Action: Approved Transit_Bus_Acquisition.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result It was the consensus of the Commission that this item be added to the agenda without objection. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve the purchase of 3 buses from Hillsborough Transit Authority, not to exceed $90,000, and enter into an Intergovernmental Agreement with ACCGov (Athens-Clark County) Transit to utilize 3 buses from their spare fleet for 12 months. Motion Passes 10-0. Commissioner Ben Hasan Commissioner Jordan Johnson Passes 27. Motion to approve the use of $300,000 from ARP balance for flock security camera enhancements. (Requested by Mayor Hardie Davis, Jr.) 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. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commisioner Sean Frantom, Commissioner Brandon Garrett. Motion Passes 8-2. Commissioner Catherine Smith- McKnight Commissioner Ben Hasan Passes Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Substitute motion to refer this back to the Public Safety Committee next week to determine how the plan will be implemented. Voting No: Commissioner John Clarke, Commissioner Ben Hasan, Commissioner Jordan Johnson, Commissioner Francine Scott, Commissioner Brandon Garrett Commissioner Alvin Mason Fails Commissioner Catherine Smith-McKnight, Commissioner Bobby Williams, Commissioner Dennis Williams. Motion Fails 3-7. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 28. 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 11/1/2022 2:00 PM Attendance 11/1/22 Department: Department: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/1/2022 2:00 PM Reverend Nic Filzen Department: Department: Caption: Reverend Nic Filzen, Pastor Unitarian Universalist Church of Augusta. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: HUMAN RESOURCES DEPARTMENT Suite 400 - Municipal Building 535 Telfair Street - Augusta, GA 30901 Phone (706) 821-2303 Fax (706) 821-2867 www.augustaga.gov October 19, 2022 Department Directors & Elected Officials, The Commission on June 16, 2009, adopted the Augusta-Richmond County Employee Incentive Awards Program (EIAP). The program provides a number of initiatives that have been designed to show our appreciation for our dedicated and loyal employees. The ability to recognize and honor our employees’ longevity has been established through our new Years of Service (YOS) program. A complete description of the EIAP and its operating procedures is located on the Human Resources site at http://augwebv017:8080/EmployeeResources/hrcitynet/default.aspx. We are pleased to advise you that for the month of October 2022, the following employee(s) have attained their anniversary date in recognition of 25-50 years of dedicated service and are now eligible to receive their Years of Service pin and plaque: FIRST LAST DEPARTMENT YOS RICHARD ACREE CENTRAL SERVICES 25 CHRISTOPHER JOYNER UTILITIES 25 GLEN RAHN SHERIFF’S OFFICE 25 CHARLES BENSON SHERIFF’S OFFICE 25 KENNETH MCCORMICK SHERIFF’S OFFICE 25 TAMEKA ALLEN INFORMATION TECHNOLOGY 30 CORNELIUS JONES FIRE DEPARTMENT 30 KEVIN WASHINGTON FIRE DEPARTMENT 30 TRACY CARTER SHERIFF’S OFFICE 35 LISA SHERROUSE FINANCE 45 Please make arrangements to have your employee in attendance at the Commission meeting scheduled for Tuesday, November 1, 2022, for recognition by the Mayor and Commission and presentation of their service pins and plaques of achievement. All persons to be recognized should be in the Commission Chambers by 1:45 p.m. Please let us know whether the employee will or will not attend by contacting me by phone at (706) 826-1377 or via e-mail at spalmer@augustaga.gov, by Friday, October 28, 2022, 12:00 Noon. Your support and cooperation is much appreciated. With regards, Anita Rookard, HR Director /slp HUMAN RESOURCES DEPARTMENT Suite 400 - Municipal Building 535 Telfair Street - Augusta, GA 30901 Phone (706) 821-2303 Fax (706) 821-2867 www.augustaga.gov cc: Mayor Hardie Davis, Jr. Takiyah A. Douse, Interim Administrator Lena Bonner, Clerk of Commission Commission Meeting Agenda 11/1/2022 2:00 PM 2022 October Years of Service (YOS) 25-50 year recipients Department:Human Resources Department:Human Resources Caption:2022 October Years of Service (YOS) 25-50 year recipients. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/1/2022 2:00 PM Presentation of the City Arts Grant Awards Department: Department: Caption:Presentation of the City Arts Grant Awards. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/1/2022 2:00 PM Mr. Moses Todd5th Street Freedom Bridge. Department: Department: Caption: Mr. Moses Todd regarding support of 5th Street Freedom Bridge. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/1/2022 2:00 PM Ms. Theresa Pittman Department: Department: Caption: Ms. Theresa Pittman - Jefferson Davis Bridge & plaques. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/1/2022 2:00 PM Mr. Jim Davis Department: Department: Caption: Mr. Jim Davis regarding the Jefferson Davis Memorial Bridge plaque removal. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/1/2022 2:00 PM Mr. Robert Green Department: Department: Caption: Mr. Robert Green - Memorial Signs on 5th St bridge. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/1/2022 2:00 PM Mr. Paul Stampley Department: Department: Caption: Mr. Paul Stampley- monument/National Heritage Act. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/1/2022 2:00 PM Mr. Carl Mixon Department: Department: Caption: Mr. Carl Mixon- monument/Memorial Heritage Act. defense of Jefferson Davis plaque on new pedestrian bridge (old 5th Street Bridge) and to insure law not violated. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/1/2022 2:00 PM Mr. Martin O'Toole Department: Department: Caption: Mr. Martin O'Toole- Jefferson Davis Bridge memorial plaque. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Congratulations! August, GA has been selected as a 2022 NFC Healthy Cities Campaign Grant Recipient! Dear Brandi, On behalf of the National Fitness Campaign Grant Committee, we are pleased to share that Augusta has been selected as an awardee in the 2022 NFC Healthy Cities Campaign! This award notification letter for one (1) 2022 NFC Grant of $30,000 is the first step towards formal confirmation of your participation. The next step is to schedule your official Grant Award Call within the next 10 days, where the qualifications submitted in your Grant Application will be confirmed by the NFC team, and your Grant Program Requirements (GPR) will be aligned for eligibility and participation in this year’s campaign. A copy of your GPR Document is attached to this formal award letter for your review and dates will be aligned based on information provided on the award call. The $30,000 Grant Award will be confirmed pending the submission of a purchase order or other funding confirmation document from Augusta, GA. To support this partnership and align your GPR milestones with your community’s local adoption and funding processes, we have assigned a Partnership Manager – Gloria Cox – as your dedicated partner and champion in support of this partnership. Over the coming months, Gloria will work with your team to support the path outlined in the GPR Document, assisting in the confirmation of required remaining funding, installation, and launch of your program. The 2022 NFC Healthy Cities Campaign is part of a national movement to make world-class fitness free and accessible in public spaces across the country, which is more important today than ever before – thank you for your commitment to supporting this goal. Here is a sneak peak at what’s ahead: ●Fitness Court® Launch – Cut the ribbon on your beautiful new outdoor gym & announce free fitness to the community! ●Classes & Challenges – Get residents moving & keep them engaged with ongoing group classes, individual training, and competitive events. ●Press & Promotions – Shine a spotlight on your community and local partners for joining this exciting and innovative wellness movement! Once again, we are thrilled to invite you to join us as a partner in the 2022 NFC Healthy Cities Campaign, and we look forward to making world-class fitness free in Augusta! Best in Fitness, Mitch Menaged, Founder National Fitness Campaign nationalfitnesscampaign.com |info@nfchq.com | PO Box 2367 San Francisco, CA 94126 Augusta, GA - National Fitness Campaign 2022 Funding Cycle Grant Program Requirements (G.P.R.) MILESTONE 1: ADOPTION ●Summary: Commit to project adoption and confirm matching funding ●Requirement A: Resolution of Adoption or Letter of Support 9/28/2022 - after commission meeting 9/27/2022 ●Requirement B: Countersigned Grant Program Requirements Document-1 week after Award Call ●Deadline: 9/21/2022 *Purchase Order Will Satisfy Adoption Requirement if Submitted Within 60 Days of Grant Award MILESTONE 2: AUTHORIZATION TO PROCEED - FUNDING CONFIRMED ●Summary:Execute budgeting and fundraising plan (as needed) and confirm total required funding ●Requirement:Funding confirmation document submitted to NFC for remaining program funding (typically P.O)* *Refer to Official Quote and Funding Requirements Summary for details ●Deadline:Oct 19, 2022 MILESTONE 3 : SHIPMENT FOR STORAGE ●Summary:Identify Fitness Court® storage location and schedule Fitness Court® delivery ●Requirement:Accept Fitness Court® delivery and store at a secure location, prepare to be invoiced for program funds ●Deadline:-Nov 11, 2022Oct 20, 2022 MILESTONE 4: INSTALL CONCRETE SLAB ●Summary:Review slab drawings, establish Fitness Court® orientation, schedule concrete installer ●Requirement:Install concrete slab (cure time of 28 days before Fitness Court® installation) ●Deadline: October 2022 pending weather MILESTONE 5: FITNESS COURT®ART APPROVAL ●Summary:Finalize design with NFC design studio ●Requirement:Approve final art print preview for printing & shipment ●Deadline: November 2022 pending weather MILESTONE 6: FITNESS COURT ASSEMBLY & PRESS LAUNCH CEREMONY ●Summary:Select Fitness Court® Assembly Team (NFC Factory Team EIS recommended), confirm install timeline, train ambassadors ●Requirement:Submit installation inspection photos, promote press release, hold Fitness Court® press launch event & ribbon cutting ●Deadline: December 2022 pending weather ___________________________________________ Trent Matthias, Director National Fitness Campaign ___________________________________________ Maurice McDowell, Director - Parks and Recreation Augusta, GA It is noted by the National Fitness Campaign and the municipality, school or organization listed above that this document in no way constitutes a binding agreement, or requirement to proceed with the NFC Program at any time. Formal commitment occurs upon receipt of complete local match funding by the program awardee, with submission of Funding Confirmation Documentation to National Fitness Campaign. nationalfitnesscampaign.com |info@nfchq.com | PO Box 2367 San Francisco, CA 94126 OUTDOORFITNESS COURT AT DYESS PARK November 1, 2022 WWW.AUGUSTAGA.GOV WWW.AUGUSTAGA.GOV WWW.AUGUSTAGA.GOV WWW.AUGUSTAGA.GOV Commission Meeting Agenda 11/1/2022 2:00 PM 2022 Healthy City Grant Department:Parks and Recreation Department:Parks and Recreation Caption:Motion to approve the acceptance of the National Fitness Campaign's 2022 Healthy City Grant.(Approved by Public Services Committee October 25, 2022) Background:The Augusta Parks and Recreation Department has been awarded a grant towards the purchase of an outdoor fitness court. The Department plans to install the fitness court at Dyess Park, while implementing the SPLOST project for Dyess Park. Analysis:Accepting the grant will provide the means to purchase and install the outdoor fitness court during the scheduled upgrades for Dyess Park. Financial Impact:The total cost of the purchase and installation is $187,350, Augusta's match is $157,350. The remainder is funded through the grant. 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: Funds will be made available through SPLOST funds for Dyess Park, Org Key 330-06-1110. REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/1/2022 2:00 PM 2023 Cooperative Agreement for Senior Nutrition Program Department:Parks and Recreation Department:Parks and Recreation Caption:Motion to approve the 2023 Cooperative Agreement with CSRA Regional Commission for Senior Nutrition Services for Augusta, Georgia. (Approved by Public Services Committee October 25, 2022) Background:The Augusta Parks and Recreation Department operates six senior nutrition sites throughout Augusta, Georgia through a cooperation with the CSRA Regional Commission, which provides state and federal grant funds to serve 138,301 meals to Senior Citizens including the home delivery program. Analysis:The agreement provides the mechanism for Augusta, Georgia to receive $826,416 in Fiscal Year 2023 (July 1, 2022 to June 30, 2023). Financial Impact:Augusta’s match for the 2023 Agreement is $55,114. Alternatives:1. To approve the 2023 Cooperative Agreement with the CSRA Regional Commission for Senior Nutrition Services for Augusta, Georgia. 2. To move to no action. Recommendation:1. To approve the 2023 Cooperative Agreement with the CSRA Regional Commission for Senior Nutrition Services for Augusta, Georgia. Funds are Available in the Following Accounts: Funds are budgeted in the following accounts: 220054322 REVIEWED AND APPROVED BY: Subrecipient: District:2 Date:10/4/2021 State Budget Year:SFY 2023 1-Jul-2022 To:30-Jun-2023 Cost Cost Qty Cost/Each Cost $0.00 5011 A $13,428.00 5011 O $92,030.00 $0.00 5011 A $13,743.00 5011 O $14,760.00 2 $64,423.87 $128,847.74 5011 A $12,150.00 5011 O $4,000.00 $0.00 5011 A $11,520.00 5015 O $8,009.00 $0.00 5015 A $4,122.00 5015 O $0.00 5020 A 5020 O $7,500.00 2 $1,574.00 $3,148.00 5020 A $720.00 5031 O Fuel $57,071.00 $0.00 5020 A $900.00 5032 O Tires & Tubes $3,800.00 $0.00 5020 A 5039 O Auto Parts/Vehicle Supplies $4,400.00 $0.00 5039 A $360.00 5060 O Taxes $0.00 5040 A $473.00 5090 O Misc.$4,320.00 $0.00 5050 A $27,900.00 5101 O Purchased Transportation $0.00 5060 A $45.00 $0.00 5090 A $0.00 5090 A 1 $19,695.00 $19,695.00 5090 A $2,700.00 $0.00 $0.00 $88,061.00 Operating Total $195,890.00 Capital Total 5 $151,690.74 Net Operating Summary Administrative Total / Ratio $88,061.00 31.01%**Note: Shuttle Buses Require CDL w/passenger endorsement** Operating Total / Ratio $195,890.00 68.99% Total Operating Budget $283,951.00 total number of vehicles if selected 4200.1 Supervisor Salary Dispatcher Salary Shuttle Van / Lift SECTION 5311 - RURAL TRANSIT BUDGET For Contract period: July 01, 2022 - June 30, 2023 Richmond County Operating Period: Administrative Budget Operating Budget Capital Budget Ford Transit 150 w/lift Director Salary Driver Salary Shuttle Van Bookkeeper Salary Mechanic Salary Shuttle Bus** Secretary Salary Fringe Benefits (Operating)Shuttle Bus / Lift** Fringe Benefits (Administrative)Uniforms 3"- 6" Lettering Marketing Maintenance and Repair Option 4 (2 color full logo Drug & Alcohol Testing Mobile Radio Audit Base Radio Rental Expenses/Equipment Rental Computer Hardware Office Supplies Roof Hatch Utilities/Communications Bike Rack Vehicle Insurance Surveillance Systems Vehicle Licensing Tablets Travel/Dues Mobility Management 6" Lettering is a "MANDATORY" cost per vehicle and must equal Indirect Expenses Other: Software Module Training Other: Add Description Other: Add Description Administrative Total LESS: NON-Eligible Contract Revenue from other FTA Grants List below vehicles requesting to be replaced: Public Transportation Budget $283,951.00 Vehicle #Mileage Vehicle #Mileage 3827 134,147 3968 125,454 Net Operating Total $283,951.00 Budget Summary Totals Operating Budget Total $283,951.00 4130 4300 4300 4300 Capital Budget Total $151,690.74 Budget Grand Total $435,641.74 **NOTE: Enter number in box if use Purchase of Service funds as Local Share Participation (LSP). POS revenues used as match cannot contain any FTA funding, i.e. 5310, 5316, 5317, 5307 Federal State Local $141,975.00 $141,975.00 Advertising Revenue ELIGIBLE LOCAL TAX AS LEVIED $263,327.59 $15,169.07 $157,144.07 OTHER ELIGIBLE FEDERAL CASH GRANTS OTHER ELIGIBLE REVENUE $121,352.59 $15,169.07 $15,169.07 141,975.00$ 13,199.57$ 141,975.00$ 283,951.00$ 105,596.59$ 1,969.50$ 13,199.57$ 131,995.74$ 15,756.00$ -$ 1,969.50$ 19,695.74$ 263,327.59$ 15,169.07$ 157,144.07$ 435,642.48$ Transmittal Letter Subrecipient: District:2 Date:9/26/2022 State Budget Year:SFY 2024 1-Jul-2023 To:30-Jun-2024 Cost Cost Qty Cost/Each Cost $0.00 5011 A 5011 O $188,240.00 $0.00 5011 A $43,804.80 5011 O $35,089.60 $0.00 5011 A $32,189.44 5011 O $4,000.00 $0.00 5011 A $12,189.44 5015 O $26,353.60 $0.00 5015 A $9,319.56 5015 O $0.00 5020 A 5020 O $7,500.00 $0.00 5020 A $720.00 5031 O Fuel $57,071.00 $0.00 5020 A $900.00 5032 O Tires & Tubes $3,800.00 $0.00 5020 A 5039 O Auto Parts/Vehicle Supplies $4,400.00 $0.00 5039 A $360.00 5060 O Taxes $0.00 5040 A $473.00 5090 O Misc.$4,320.00 $0.00 5050 A $27,900.00 5101 O Purchased Transportation $0.00 5060 A $45.00 $0.00 5090 A $0.00 5090 A 1 $11,348.00 $11,348.00 5090 A $2,700.00 $0.00 $0.00 $130,601.24 Operating Total $330,774.20 Capital Total 1 $11,348.00 Net Operating Summary Administrative Total / Ratio $130,601.24 28.31%**Note: Shuttle Buses Require CDL w/passenger endorsement** Operating Total / Ratio $330,774.20 71.69% Total Operating Budget $461,375.44 total number of vehicles if selected 4200.1 List below vehicles requesting to be replaced: Public Transportation Budget $461,375.44 Vehicle #Mileage Vehicle #Mileage Net Operating Total $461,375.44 -$ -$ -$ -$ Budget Summary Totals Operating Budget Total $461,375.44 4130 4300 4300 4300 Capital Budget Total $11,348.00 Budget Grand Total $472,723.44 **NOTE: Enter number in box if use Purchase of Service funds as Local Share Participation (LSP). POS revenues used as match cannot contain any FTA funding, i.e. 5310, 5316, 5317, 5307 Supervisor Salary Dispatcher Salary Shuttle Van / Lift SECTION 5311 - RURAL TRANSIT BUDGET For Contract period: July 01, 2023 - June 30, 2024 Richmond County Operating Period: Administrative Budget Operating Budget Capital Budget Ford Transit 150 w/lift Director Salary Driver Salary Shuttle Van Bookkeeper Salary Mechanic Salary Shuttle Bus** Secretary Salary Fringe Benefits (Operating)Shuttle Bus / Lift** Fringe Benefits (Administrative)Uniforms 3"- 6" Lettering Marketing Maintenance and Repair Option 4 (2 color full logo Drug & Alcohol Testing Mobile Radio Audit Base Radio Rental Expenses/Equipment Rental Computer Hardware Office Supplies Roof Hatch Utilities/Communications Bike Rack Vehicle Insurance Surveillance Systems Vehicle Licensing Tablets Travel/Dues Mobility Management 6" Lettering is a "MANDATORY" cost per vehicle and must equal Indirect Expenses Other: Software Module Training Other: Add Description Other: Add Description Administrative Total OTHER ELIGIBLE FEDERAL CASH GRANTS LESS: NON-Eligible Contract Revenue from other FTA Grants Transmittal Letter Federal State Local $230,687.00 $230,687.00 Advertising Revenue ELIGIBLE LOCAL TAX AS LEVIED $239,765.40 $1,134.80 $231,821.80 OTHER ELIGIBLE REVENUE $9,078.40 $1,134.80 $1,134.80 Commission Meeting Agenda 11/1/2022 2:00 PM 5311 RURAL GRANT RENEWAL Department:Augusta Transit Department:Augusta Transit Caption:Motion to renew the Sec. 5311 Rural Transit grant application between the Georgia Department of Transportation (GDOT) and Augusta, Georgia for July 1, 2023, to June 30, 2024.(Approved by Public Services Committee October 25, 2022) Background:The Augusta-Richmond County Commission annually approves Augusta Transit’s Sec. 5311 Rural Transit grant application for providing rural transportation service to the citizens of Augusta-Richmond County. Analysis:The renewal of this contract will allow Augusta Transit to continue providing Rural transportation service to the citizens of Rural Augusta- Richmond County, which covers Hephzibah, Blythe and McBean. Financial Impact:The Augusta-Richmond County share of the budget for the grant period beginning July 1, 2023, to June 30, 2024, is $$231,821.80. The capital projects for this grant cycle is one (1) IVR Callback System. The allocated funding breakdown is Operations 50/50 Split Federal $230,687.00 State $ 0.00 Local $230,687.00 Capital 80/10/10 Split Federal $ 9,078.40 State $1,134.80 Local $ 1,134.80 $239,765.40 $1,137.80 $231,821.80 Grand Total $472,722.00 Alternatives:Deny request. Recommendation:Approve the submission of the grant application. Funds are Available in the Following Accounts: Local Match for Rural Transit budget for 07/1/23 and 06/30/24 In 2023 budget 54609-1120 and 54709-1120 REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/1/2022 2:00 PM Airport Communications & Customer Service budget amendment in the amount of $60,840.00 to Hire Six Passenger Assistance Liasons Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve an Airport Communications & Customer Service budget amendment in the amount of $60,840.00 to hire six Passenger Assistance Liaisons (PALs). Approved by the Augusta Aviation Commission on September 28, 2022.(Approved by Public Services Committee October 25, 2022) Background:The Augusta Aviation Commission approved the transfer of six (6) existing positions (were not budgeted and not planning to be filled in 2022) and funds, to be reclassed and utilized in the Airport Marketing Department for customer service personnel. These funds will support six (6) new employee positions currently filled by temporary staff. Analysis:It is now requested to convert the Contract Labor budget line, into the Personnel budget line within the 2022 Airport Communication & Customer Service budget. This will allow the Augusta Richmond County Finance Department and Human Resources Department to move forward with the implementation of the Passenger Assistance Liaison (PAL) positions for the Augusta Regional Airport. Financial Impact:This project will be funded with Airport Enterprise funds. However, this action does not constitute an FY22 increase. This amendment reflects a transfer of funds from the professional services line item (temporary employees) to the personnel services line item. Alternatives:To deny. Recommendation:Recommend Approval. Approved by the Augusta Aviation Commission on September 28, 2022. Funds are Available in the Following Accounts: Transfer budget $60,840 from 551081122-5239110 Contract Labor to fund these positions salary for last quarter of 2022. The positions salary will be budgeted in 2023. REVIEWED AND APPROVED BY: PI # 0019245-PLN Page 1 of 26 AUGUSTA REGIONAL TRANSPORTATION STUDY Revised 6/21/2022 PL Funds (FY 2023) METROPOLITAN TRANSPORTATION FREIGHT PLAN CONTRACT AUGUSTA REGIONAL TRANSPORTATION STUDY (ARTS) FHWA METROPOLITAN PLANNING PROGRAM PLANNING (PL) FUNDS FISCAL YEAR (FY) 2023 CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER 20.205 FEDERAL-AID PARTICIPATING PROJECT PI Number: 0019245-PLN Contract ID: TBD Federal Share 80% $240,000 Local Match Share 20% $60,000 Total Contract Cost $300,000 PI # 0019245-PLN Page 2 of 26 AUGUSTA REGIONAL TRANSPORTATION STUDY Revised 6/21/2022 PL Funds (FY 2023) METROPOLITAN TRANSPORTATION PLANNING SERVICES CONTRACT Between the DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA ONE GEORGIA CENTER, 600 WEST PEACHTREE STREET NW ATLANTA, GEORGIA 30308 and the AUGUSTA REGIONAL TRANSPORTATION STUDY THIS AGREEMENT is made and entered into this day of , 2022, by and between the DEPARTMENT OF TRANSPORTATION, an agency of the State of Georgia, hereinafter called the "DEPARTMENT", and the AUGUSTA REGIONAL TRANSPORTATION STUDY, organized and existing under the laws of the State of Georgia, hereinafter called the “DESIGNATED AGENCY". WHEREAS, the DEPARTMENT is recognized by the United States Department of Transportation as the agency responsible for cooperative, comprehensive, continuing transportation planning pursuant to the provisions of Fixing America’s Surface Transportation Act (FAST Act) of 2015, 23 U. S. C. Section 134, the Federal Transit Act, 49 U.S.C. Section 5303; and relevant amendments and subsequent legislation pertaining thereto; and WHEREAS, the DEPARTMENT is authorized under O.C.G.A. § 32-2-2(7) to “accept and use federal funds…; and to do all things necessary, proper, or expedient to achieve compliance with the provision and requirements of all applicable federal-aid acts and programs”; and WHEREAS, the DEPARTMENT is responsible for developing a workable formula for distributing the apportionment of planning funds pursuant to 23 U.S.C § 104 (d); and WHEREAS, the DESIGNATED AGENCY is an approved metropolitan planning organization responsible for carrying out the transportation planning process in its urbanized area in accordance with 23 U.S.C. § 134; and PI # 0019245-PLN Page 3 of 26 AUGUSTA REGIONAL TRANSPORTATION STUDY Revised 6/21/2022 PL Funds (FY 2023) WHEREAS, the DESIGNATED AGENCY has developed its Unified Planning Work Program for Fiscal Year 2023, which describes its transportation planning priorities for Fiscal Year 2023 that are funded by FHWA-PL and FTA 5303 planning funds; and WHEREAS, the DEPARTMENT desires to participate jointly with the DESIGNATED AGENCY to perform certain services, which will consist of providing the DESIGNATED AGENCY with information for the continuing transportation planning process as set forth in EXHIBIT D, “Work Program, Fiscal Year 2023” (hereinafter referred to as the "PROJECT"). NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and contracts contained herein, and other good and valuable consideration as set out hereinafter, it is agreed by and between the DEPARTMENT and the DESIGNATED AGENCY that: ARTICLE I SCOPE AND PROCEDURES The scope and procedure of the PROJECT shall be that stated in the Work Program, which is affixed to this Agreement under the label of EXHIBIT D, "Work Program - Fiscal Year 2023", the same as if fully set forth herein. The DESIGNATED AGENCY shall perform or cause to be performed the services to accomplish the PROJECT, the work for which is set forth in the aforementioned EXHIBIT D, “Work Program - Fiscal Year 2023”. The DESIGNATED AGENCY shall perform the PROJECT activities, and shall do so under such control and supervision by the DEPARTMENT as the DEPARTMENT may deem appropriate. The DEPARTMENT shall perform the services incumbent upon it as stated in EXHIBIT D, “Work Program - Fiscal Year 2023”. ARTICLE II EMPLOYMENT OF DEPARTMENT'S PERSONNEL The DESIGNATED AGENCY shall not employ any person or persons in the employ of the DEPARTMENT for any work required by the terms of this Agreement, without the written permission of the DEPARTMENT except as may otherwise be provided for herein. PI # 0019245-PLN Page 4 of 26 AUGUSTA REGIONAL TRANSPORTATION STUDY Revised 6/21/2022 PL Funds (FY 2023) ARTICLE III REVIEW OF WORK Authorized representatives for the DEPARTMENT and the Federal Government may at all reasonable times review and inspect the PROJECT activities and data collected under this Agreement and amendments thereto. All reports, drawings, studies, specifications, estimates, maps, and computations, prepared by or for the DESIGNATED AGENCY, shall be made available to authorized representatives of the DEPARTMENT and representatives of the Federal Government for inspection and review at all reasonable times. Acceptance shall not relieve the DESIGNATED AGENCY of its professional obligation to correct, at its own expense, any of its errors in the work. ARTICLE IV AUTHORIZATION AND APPROVAL TIME IS OF THE ESSENCE TO THIS AGREEMENT. The DESIGNATED AGENCY shall initiate the work as described in Article I, Scope and Procedures, on July 1, 2022. The work outlined therein shall be completed no later than June 30, 2023. The work shall be carried on expeditiously and in accordance with the work schedule as set forth in EXHIBIT F, “Schedule – Fiscal Year 2023”, attached hereto and incorporated by reference. ARTICLE V RESPONSIBILITY FOR CLAIMS AND LIABILITY The DESIGNATED AGENCY shall be responsible for any and all damages to property or persons and shall save harmless the DEPARTMENT, its officers, agents and employees from all suits, claims, actions, or damages of any nature whatsoever resulting from the negligence of the DESIGNATED AGENCY in the performance of work under this Agreement. ARTICLE VI COMPENSATION A. Total Cost 1. The DEPARTMENT and the DESIGNATED AGENCY agree that the total estimated allowable cost for the completion of the PROJECT, as shown in EXHIBIT E, “Budget Estimate - Fiscal Year 2023”, attached hereto and incorporated herein by reference, is THREE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($300,000). It is PI # 0019245-PLN Page 5 of 26 AUGUSTA REGIONAL TRANSPORTATION STUDY Revised 6/21/2022 PL Funds (FY 2023) agreed that the amount which the DEPARTMENT shall be obligated to pay is eighty percent (80%) of the total cost, which represents the Federal Share of the cost of the PROJECT up to TWO HUNDRED FORTY THOUSAND DOLLARS AND ZERO CENTS($240,000). However, if the total of the actual allowable cost for the PROJECT is less than the total estimated allowable cost, then it is further agreed that the DEPARTMENT shall be obligated to pay only the 80% Federal Share of the actual allowable cost incurred. In no event shall the DEPARTMENT be obligated to pay more than the maximum Federal share of $240,000. In no event shall the DEPARTMENT be required to pay the Federal Share, if the Federal Share is not provided to the DEPARTMENT by the Federal Highway Administration. 2. The DESIGNATED AGENCY shall be obligated to pay twenty percent (20%) of the total allowable cost, which represents the Local Match rate of the cost of the PROJECT up to SIXTY THOUSAND DOLLARS AND ZERO CENTS ($60,000). However, if the total of the actual allowable cost for the PROJECT is less than the total estimated allowable cost, the DESIGNATED AGENCY shall pay a 20% Local Match rate of the actual allowable cost incurred. In no event shall the DESIGNATED AGENCY be obligated to pay more than the maximum Local Match of the Federal Share ($60,000). Any portion of the Local Match may consist of “soft” match and/or “in-kind” services as referenced in Title 23, Part 420, Subchapter E of the Code of Federal Regulations (“C.F.R.”), “Planning and Research Program Administration”, and 2 C.F.R., Part 200, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”, and all other relevant sections of Federal law, Federal regulations and Federal guidance applicable to the subject, as appropriate, in lieu of a traditional cash match. The Local Match total of any traditional cash match and any “soft” match and/or “in-kind” services must constitute 20% of the cost of the PROJECT up to $60,000 or a 20% match rate of the allowable cost incurred. PI # 0019245-PLN Page 6 of 26 AUGUSTA REGIONAL TRANSPORTATION STUDY Revised 6/21/2022 PL Funds (FY 2023) B. Allowable Costs Allowable costs shall include both direct and indirect costs incurred by the DESIGNATED AGENCY, which is provided for in EXHIBIT E, “Budget Estimate - Fiscal Year 2023”, “and subject to the maximum limitation prescribed in Subsection A of Article VI and the limitations outlined below: 1. Direct Cost The DEPARTMENT shall pay to the DESIGNATED AGENCY for the performance of this Agreement an amount equal to such direct costs as are incurred by the DESIGNATED AGENCY and are chargeable to the PROJECT under generally accepted accounting principles and as allowed in 2 C.F.R. Part 200, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”, and not prohibited by the laws of the State of Georgia, including salaries and wages, and the cost of travel, and other miscellaneous direct costs incurred by the DESIGNATED AGENCY. As specified in Article X, the validity of the direct costs may be verified from the cost records of the DESIGNATED AGENCY by authorized representatives of the DEPARTMENT and the Federal Government as the work progresses, and in any event, before final settlement of the DESIGNATED AGENCY’S costs under the terms of this Agreement or amendments hereto. The cost of any nonexpendable tools, instruments, or equipment used in the execution and performance of the PROJECT shall not be an allowable direct cost when such items are of the nature and kind of tools, instruments or equipment normally and generally used in an office or laboratory, provided however that the cost of data processing equipment shall be an allowable expense when such expenditure complies with the provisions of 2 C.F.R. § 200 (“Uniform Grant Guidance”) and is specifically detailed in EXHIBIT D, “Work Program - Fiscal Year 2023”, and EXHIBIT E, “Budget Estimate - Fiscal Year 2023”, of this Agreement. If at any time during the duration of the useful life of the PROJECT’s data processing equipment the DESIGNATED AGENCY fails to utilize such equipment for the purpose of accomplishing the PROJECT the DEPARTMENT at its discretion may require the DESIGNATED AGENCY to remit to the DEPARTMENT 100% of the DEPARTMENT’S Federal and State Share of the fair market value, if any, of such equipment. For the purpose of this Article, the fair market value shall be deemed to be the value of the equipment as determined by an appraisal conducted as soon as feasible after PI # 0019245-PLN Page 7 of 26 AUGUSTA REGIONAL TRANSPORTATION STUDY Revised 6/21/2022 PL Funds (FY 2023) such withdrawal or misuse occurs or the actual proceeds from the public sale of such equipment, whichever is approved by the DEPARTMENT. The rate of compensation for work performed on the PROJECT by a professional staff member or employee of the DESIGNATED AGENCY shall not exceed the salary rate that is applicable to said person's other activities for the DESIGNATED AGENCY. Charges for salaries and wages of the individuals will be supported by time and attendance and payroll distribution records. Premiums pay for overtime, extra-pay shifts, and multi-shift work are not reimbursable under this Agreement unless such costs are included in EXHIBIT E, “Budget Estimate - Fiscal Year 2023”, or unless such costs have been given prior written approval by the DEPARTMENT. No expense for travel outside the State of Georgia shall be an allowable direct cost under this Agreement unless such travel is listed in EXHIBIT E, “Budget Estimate - Fiscal Year 2023”, or approved in advance by the DEPARTMENT. Staff from the DESIGNATED AGENCY seeking travel approval should submit the details for the requested travel expenses to the DEPARTMENT in advance and must include information on how the travel request will benefit the transportation planning process of the DESIGNATED AGENCY. In addition, all expenses for food, fuel, mileage, and lodging accommodations incurred from travel within or outside of the State of Georgia shall be limited to the currently approved amounts posted on the United States General Services Administration (GSA) website for the corresponding geographic location. 2. Indirect Costs The DEPARTMENT shall reimburse the DESIGNATED AGENCY for such indirect costs as are properly chargeable to the PROJECT under generally accepted accounting principles and as allowed in 2 C.F.R. Part 200, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”, and not prohibited by the laws of the State of Georgia. Fringe benefits shall be reimbursed at a provisional overhead rate of 23.92% of the amount paid as direct salaries and wages to persons employed by the DESIGNATED AGENCY on the PROJECT. Indirect Personnel cost shall be reimbursed at a provisional overhead rate of 86.36% of the amount paid as direct salaries, wages and fringe benefits to persons employed by the DESIGNATED AGENCY that are chargeable to the PI # 0019245-PLN Page 8 of 26 AUGUSTA REGIONAL TRANSPORTATION STUDY Revised 6/21/2022 PL Funds (FY 2023) PROJECT. Upon completion of the PROJECT, the DEPARTMENT will determine the final payment for indirect costs by the audit of the DESIGNATED AGENCY’S accounts to establish the actual allowable overhead rate experienced during the period of performance of this Agreement. The DESIGNATED AGENCY understands and agrees that the DEPARTMENT may accept, in lieu of its own audit, a federal audit, or an audit by an independent accountant or accounting firm. The audit of an independent accountant or accounting firm shall be made and reported in accordance with audit requirements, 2 C.F.R. Part 200. The DESIGNATED AGENCY shall ensure that the independent accountant or accounting firm shall make available upon request to authorized representatives of the DEPARTMENT all audit work papers pertaining to this AGREEMENT to determine said final payment for indirect costs. In the event the DESIGNATED AGENCY’S actual allowable overhead rate during the period of this Agreement is less than the provisional overhead rate established herein, the DESIGNATED AGENCY shall reimburse the DEPARTMENT the difference between the indirect cost actually paid and the actual allowable indirect cost as determined by the final audit in accordance with the provisions of this Article. The DESIGNATED AGENCY further agrees that the decision of the DEPARTMENT in the establishment of the actual allowable overhead rate for final payment of indirect costs shall be final. The validity of these indirect cost payments may be verified from the indirect cost records of the DESIGNATED AGENCY by authorized representatives of the DEPARTMENT and the Federal Government as the work progresses and in any event before the final settlement of the DESIGNATED AGENCY’S costs under this Agreement or amendments hereto. PI # 0019245-PLN Page 9 of 26 AUGUSTA REGIONAL TRANSPORTATION STUDY Revised 6/21/2022 PL Funds (FY 2023) ARTICLE VII SUBSTANTIAL CHANGES If prior to the satisfactory completion of the services under this Agreement, the DEPARTMENT materially changes the scope, character, complexity, or duration of the services from those required under the Basic Agreement, a supplemental agreement shall be executed between the parties. Minor changes that do not involve changes in compensation, the Scope and Procedure, the extension of the term, or the goals and objectives of the PROJECT may be made by written notification of such change by either party with the written approval of the other party. ARTICLE VIII PARTIAL PAYMENT The DESIGNATED AGENCY shall submit to the DEPARTMENT itemized vouchers showing, in reasonable detail, the actual allowable costs per work element, incurred by the DESIGNATED AGENCY on the PROJECT for the voucher period. A summary of the cost breakdown and work progress for each work element shall accompany each voucher. Upon the basis of its review of such vouchers, the DEPARTMENT may, at the request of the DESIGNATED AGENCY, make payment to the DESIGNATED AGENCY as the work progresses but not more often than four times during the fiscal year. The vouchers shall be numbered consecutively, and subsequent vouchers shall be submitted every three months, but no later than forty-five (45) days after the end of each quarter, until the PROJECT is completed. Payment shall be made in the amount of sums earned, less previous partial payments. PI # 0019245-PLN Page 10 of 26 AUGUSTA REGIONAL TRANSPORTATION STUDY Revised 6/21/2022 PL Funds (FY 2023) ARTICLE IX FINAL PAYMENT IT IS FURTHER AGREED that upon satisfactory completion by the DESIGNATED AGENCY and acceptance by the DEPARTMENT of the work described in Article I of this Agreement, the DESIGNATED AGENCY shall submit to the DEPARTMENT a written submission for a final payment not more than forty-five (45) days after the completion date of the PROJECT. Upon receipt of any final written submission by the DESIGNATED AGENCY, the DEPARTMENT shall pay the DESIGNATED AGENCY a sum equal to one hundred percent (100%) of the allowable cost set forth herein less the total of all previous partial payments, paid or in the process of payment. The DESIGNATED AGENCY agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the DEPARTMENT for work done, materials furnished, costs incurred, or otherwise arising out of the Agreement and shall release the DEPARTMENT from any and all further claims of whatever nature, whether known or unknown for and on account of said Agreement, and for any and all work done, and labor and materials furnished, in connection with the same. ARTICLE X MAINTENANCE OF CONTRACT COST RECORDS The DESIGNATED AGENCY shall maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred on the PROJECT and shall make material available at all reasonable times during this period of the Agreement, and for three years from the date of final payment under the Agreement, for inspection by the DEPARTMENT, and the Federal Highway Administration and any reviewing agencies, and copies thereof shall be furnished upon request. The DESIGNATED AGENCY shall certify that items of equipment included indirect costs have been excluded from the indirect costs. The DESIGNATED AGENCY agrees that the provisions of this Article shall be included in any contracts it may make with any subcontractor, assignee, or transferee. PI # 0019245-PLN Page 11 of 26 AUGUSTA REGIONAL TRANSPORTATION STUDY Revised 6/21/2022 PL Funds (FY 2023) ARTICLE XI SUBCONTRACTS, ASSIGNMENT, OR TRANSFER RESTRICTIONS The DESIGNATED AGENCY agrees not to assign, sublet, or transfer any or all of its interest in the Agreement without the prior written approval of the DEPARTMENT and the Federal Highway Administration. The DESIGNATED AGENCY also agrees that all subcontracts shall be subject to the provisions contained in this Agreement. The DESIGNATED AGENCY also agrees that any subcontracts exceeding Ten Thousand Dollars ($10,000) in cost shall contain all the required provisions of this Agreement. All consultants hired by the DESIGNATED AGENCY shall be on the DEPARTMENT’S pre-qualified consultants list. ARTICLE XII USE OF DOCUMENTS The DESIGNATED AGENCY agrees that all reports, drawings, studies, specifications, estimates, maps, computations, and other data, prepared by or for it under the terms of this Agreement shall be made available to the DEPARTMENT and the Federal Highway Administration at all reasonable times during the period of the Agreement and upon termination or completion of the work. The DEPARTMENT shall have the right to use the same without restriction or limitation and without compensation to the DESIGNATED AGENCY other than that provided for in this Agreement. ARTICLE XIII TERMINATION The DEPARTMENT reserves the right to terminate this Agreement at any time for just cause, or for any cause, upon 30 days written notice to the DESIGNATED AGENCY, notwithstanding any just claims by the DESIGNATED AGENCY for payment of services rendered prior to the date of termination. Should the work under this Agreement be terminated by the DEPARTMENT pursuant to this Article, final payment to the DESIGNATED AGENCY shall be made in the amount of sums earned, less previous partial payments. Any work elements that are incomplete by the termination date shall be reimbursed based upon the percentage of work completed for said work element(s). PI # 0019245-PLN Page 12 of 26 AUGUSTA REGIONAL TRANSPORTATION STUDY Revised 6/21/2022 PL Funds (FY 2023) ARTICLE XIV PUBLISHED REPORTS It is agreed that articles, papers, bulletins, data, studies, statistics, interim or final reports, oral transmittals or any other materials reporting the plans, progress, analyses, results, or findings of work conducted under this Agreement shall not be presented publicly or published without prior written approval by the DEPARTMENT. It is further agreed that all published reports shall include a disclaimer provision on the cover or title page in the following form: "The opinions, findings, and conclusions in this publication are those of the author(s) and not necessarily reflect the official views or policies of those of the Department of Transportation, State of Georgia, or the Federal Highway Administration. This publication does not constitute a standard, specification, or regulation." All reports published by the DESIGNATED AGENCY shall contain a credit reference to the Federal Highway Administration such as: "Prepared in cooperation with the Department of Transportation, State of Georgia, and the Federal Highway Administration." It is further agreed that any information concerning the PROJECT, its conduct, results or data gathered or processed shall not be released other than as required under the Georgia Open Records Act, O.C.G.A. § 50-18-70, et seq. Any request directed to the DESIGNATED AGENCY pursuant to the Georgia Open Records Act, for documents or information that are either received or maintained by the DESIGNATED AGENCY in the performance of the work under this Contract, for or on behalf of the DEPARTMENT, shall be released pursuant to the provisions of the Act. Further, the DESIGNATED AGENCY agrees to consult with the DEPARTMENT prior to releasing the requested documents, where required by the DEPARTMENT. PI # 0019245-PLN Page 13 of 26 AUGUSTA REGIONAL TRANSPORTATION STUDY Revised 6/21/2022 PL Funds (FY 2023) ARTICLE XV COPYRIGHTING The DESIGNATED AGENCY shall be free to copyright material developed under this Agreement with the provisions that the DEPARTMENT and the Federal Highway Administration reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, the work for government purposes. ARTICLE XVI COVENANT AGAINST CONTINGENT FEES The DESIGNATED AGENCY shall comply with all relevant federal, state and local laws. The DESIGNATED AGENCY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the DESIGNATED AGENCY, to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the DESIGNATED AGENCY, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the DEPARTMENT shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. ARTICLE XVII CONTRACT DISPUTES This Agreement shall be deemed to have been executed in Fulton County, Georgia, and all questions of interpretation and construction shall be governed by the laws of the State of Georgia. ARTICLE XVIII COMPLIANCE WITH APPLICABLE LAW A. The undersigned certify that the provisions of the Official Code of Georgia Annotated (“O.C.G.A.”), Sections 45-10-20 through 45-10-28, relating to conflict of interest, have been complied with in full. PI # 0019245-PLN Page 14 of 26 AUGUSTA REGIONAL TRANSPORTATION STUDY Revised 6/21/2022 PL Funds (FY 2023) B. It is further agreed that the DESIGNATED AGENCY shall comply with and shall require its subcontractors to comply with the regulations for compliance with Title VI of the Civil Rights Act of 1964 as amended, and 23 C.F.R. Part 200 as stated in APPENDIX A, “Notice Of Contractors, Compliance With Title VI Of The Civil Rights Act Of 1964”, of this Agreement. C. It is further agreed that and certified by the DESIGNATED AGENCY that neither it nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any State or Federal department or agency, and is eligible to receive the Federal funding assistance provided for in this Agreement, as provided for in APPENDIX B, “Certification Regarding Debarment, Suspension, Proposed Debarment, And Other Responsibility Matters”. D. It is further agreed that and certified by the DESIGNATED AGENCY that the provisions of the O.C.G.A §§ 50-24-1 through 50-24-6, relating to the "Drug-Free Workplace Act", have been complied with in full as stated in APPENDIX C, “Drug-Free Workplace Certificate”. E. It is further agreed that and certified by the DESIGNATED AGENCY that the provisions of the O.C.G.A § 13-10-91, relating to the “Georgia Security and Immigration Compliance Act” have been complied with in full as stated in APPENDIX D, “Georgia Security And Immigration Compliance Act Affidavit”. F. It is further agreed and certified that, pursuant to O.C.G.A § 50-5-85, the DESIGNATED AGENCY is not currently engaged in and agrees that for the duration of this Agreement, it will not engage in a boycott of Israel. G. The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the parties hereto. ARTICLE XIX AUDITS OF COST RECORDS The DEPARTMENT shall have the right to perform an audit of all documents and records pertaining to costs incurred on this PROJECT for a period of three (3) years after the final payment under Article IX is made by the DEPARTMENT to the DESIGNATED AGENCY under this Agreement. If PI # 0019245-PLN Page 15 of 26 AUGUSTA REGIONAL TRANSPORTATION STUDY Revised 6/21/2022 PL Funds (FY 2023) requested, the DESIGNATED AGENCY shall assist in making the result of the audit performed pursuant to 2 C.F.R. Part 200, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards” available to the DEPARTMENT. To the extent such audit is applicable, the DEPARTMENT, in its sole discretion, may agree to accept the Single Audit in lieu of its audit as herein allowed. Further, the DESIGNATED AGENCY agrees to reimburse the DEPARTMENT for the DEPARTMENT's share of any and all costs disallowed as a result of either the Single Audit or by the audit allowed hereunder by the DEPARTMENT, unless the cost was incurred due to reliance of DEPARTMENT guidance. ARTICLE XX INSURANCE By execution of this agreement, the DESIGNATED AGENCY certifies to the DEPARTMENT that it and any subcontractors or consultants will maintain the following minimum amounts of insurance: A. Workmen’s Compensation Insurance in accordance with the laws of the State of Georgia. B. Public Liability Insurance as follows: 1. Each Occurrence Limit: $1,000,000.00 2. Personal Injury/Death Limit: $1,000,000.00 3. General Aggregate Limit: $2,000,000.00 4. Products/Completed Ops.: $2,000,000.00 Aggregate Limit 5. Automobile Liability Limit: $1,000,000.00 (Combined Single Limit) 6. Umbrella Liability: $2,000,000.00 Insurance shall be maintained in full force and effect during the life of the contract, or amendments hereto, and shall protect the DESIGNATED AGENCY, its employees, agents and representatives from claims for damages, for personal injury, and death and for damages arising in any manner from the negligent or wrongful acts or failures to act by DESIGNATED AGENCY, its employees, agents, or representatives in the performance of the work covered by the contract, or amendments hereto. PI # 0019245-PLN Page 16 of 26 AUGUSTA REGIONAL TRANSPORTATION STUDY Revised 6/21/2022 PL Funds (FY 2023) IN WITNESS WHEREOF, said parties have hereunto set their hands and affixed their seals the day and year above first written. GEORGIA DEPARTMENT OF TRANSPORTATION Commissioner ATTEST: Treasurer AUGUSTA REGIONAL TRANSPORTATION STUDY Director IN THE PRESENCE OF: Witness Signed, Sealed and Delivered This ______ day of _______________, 2022 in the presence of: NOTARY PUBLIC I attest that the corporate seal attached to this document is, in fact, the seal of the Corporation executing this Document does, in fact, occupy the official position indicated and is duly authorized to execute such document on behalf of this Corporation. ATTEST: ______________________________ ______________________________ Federal Employee Tax No.: PI # 0019245-PLN Page 17 of 26 AUGUSTA REGIONAL TRANSPORTATION STUDY Revised 6/21/2022 PL Funds (FY 2023) EXHIBIT A Certification of Designated Agency I hereby certify that I am the DIRECTOR and duly authorized representative of the Augusta Regional Transportation Study, whose address is 535 Telfair Street, Augusta, Suite 300, GA 30901, and that neither I nor the entity I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above commission to solicit or secure the Agreement. (b) Agreed, as an express or implied condition for obtaining this Agreement, to employ or retain the services of any firm or person in connection with carrying out the Agreement, or (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above commission) any fee, contribution, donation, or consideration of any kind, or in connection with, procuring or carrying out the Agreement; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Georgia Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with the Agreement involving the participation of Federal-Aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. __________________________ ______________________________ (Date) Signature of Authorized Representative ______________________________ Type or Print Name PI # 0019245-PLN Page 18 of 26 AUGUSTA REGIONAL TRANSPORTATION STUDY Revised 6/21/2022 PL Funds (FY 2023) EXHIBIT B Certification of Department Of Transportation of the State of Georgia I hereby certify that I am the COMMISSIONER of the Department of Transportation of the State of Georgia and that the above Planning Commission in EXHIBIT A or its representative has not been required, directly, or indirectly, as an express or implied condition in connection with obtaining or carrying out this Agreement to: (a) Employ or retain, or agree to employ or retain, any firm or person, or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished the Federal Highway Administration, U. S. Department of Transportation, in connection with this Agreement involving the participation of Federal- Aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. ___________________________________ __________________________________ (Date) Commissioner PI # 0019245-PLN Page 19 of 26 AUGUSTA REGIONAL TRANSPORTATION STUDY Revised 6/21/2022 PL Funds (FY 2023) EXHIBIT C Federal Award Identification Required Elements 1. Sub-recipient Name: AUGUSTA REGIONAL TRANSPORTATION STUDY 2. Sub-recipient’s DUNS Number (Data Universal Numbering System, required under 2 C.F.R. § 200.32): #073438418 3. Federal Award Identification Number: PI# 0019245 4. Federal Award Date (2 CFR 200.39, date when the federal award is signed by the federal awarding agency): 06/30/2022 5. Sub-award Period of Performance start and end date: October 1st, 2022 - April 30th, 2024 6. Amount of federal funds obligated by this action: $240,000 7. Total amount of the federal funds obligated to sub-recipient: $240,000 8. Total Amount of the federal award: $240,000 9. Federal Award Project Description (as required under the Federal Funding Accountability and Transparency Act): Metropolitan Transportation Planning Services Contract for THE AUGUSTA REGIONAL TRANSPORTATION STUDY – FREIGHT PLAN FY 2023 10. Name of Federal Awarding Agency: Federal Highway Administration 11. Pass-through entity: Georgia Department of Transportation’s Office of Planning 12. Contact information for the awarding official: FHWA Georgia Division, 61 Forsyth Street, Suite 17T100, Atlanta, GA 30303 13. CFDA Number and Name: 20.205 14. Is this a Research and Development Project? NO 15. Indirect cost rate if used (2C.F.R. § 200.414): 86.36% PI # 0019245-PLN Page 20 of 26 AUGUSTA REGIONAL TRANSPORTATION STUDY Revised 6/21/2022 PL Funds (FY 2023) EXHIBIT D Work Program - Fiscal Year 2023 See Task 4.3 – Intermodal Planning of the Unified Planning Work Program (UPWP) – FY 2023 Document can be found here: https://www.augustaga.gov/2086/Unified-Planning-Work-Program (Current as of July 1, 2022) PI # 0019245-PLN Page 21 of 26 AUGUSTA REGIONAL TRANSPORTATION STUDY Revised 6/21/2022 PL Funds (FY 2023) EXHIBIT E Budget Estimate - Fiscal Year 2023 PI # 0019245-PLN Page 22 of 26 AUGUSTA REGIONAL TRANSPORTATION STUDY Revised 6/21/2022 PL Funds (FY 2023) EXHIBIT F Schedule - Fiscal Year 2023 PI # 0017153-PLN Page 23 of 26 AUGUSTA REGIONAL TRANSPORTATION STUDY Template Revised 6/6/2019 PL Funds (FY 2023) APPENDIX A NOTICE OF CONTRACTORS COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACTS OF 1964 AS AMENDED BY THE CIVIL RIGHTS RESTORATION ACT OF 1987 FOR FEDERAL-AID CONTRACTS During the performance of this Contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: (1) Compliance with Regulations: The Contractor will comply with the Regulations of the U.S. Department of Transportation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The Contractor, with regard to the work performed by it after award and prior to completion of contract work, will not discriminate on the ground of race, color, national origin or sex in the selection and retention of subcontractors including procurement of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program, set forth in Appendix B of the Regulations. In addition, the Contractor will not participate either directly or indirectly in the discrimination prohibited by 23 CFR 200 (b). (3) Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, either by competitive bidding or negotiations made by the Contractor for work to be performed under a subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, national origin or sex. (4) Information and Reports: The Contractor will provide all information and reports required by the Regulations, to permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the DEPARTMENT or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the DEPARTMENT shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to, (a) withholding of payments to the Contractor under the contract until the Contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The Contractor will include the provision of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the DEPARTMENT or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interests of the State, and in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. PI # 0017153-PLN Page 24 of 26 AUGUSTA REGIONAL TRANSPORTATION STUDY Template Revised 6/6/2019 PL Funds (FY 2023) APPENDIX B CERTIFICATION FOR STATE REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS The AUGUSTA REGIONAL TRANSPORTATION STUDY, as an Applicant for a Federal PL Fund grant or cooperative agreement, certifies to the best of its knowledge and belief, that its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; (2) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State, or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with the commission of any of the offenses enumerated in paragraph (2) of this certification; and (4) Have not within a three year period preceding this application/proposal had one or more public transactions (Federal, State or Local) terminated for cause or default. Where the State is unable to certify to any of the statements in this certification with respect to its principals, the State shall attach an explanation to this proposal. THE AUGUSTA REGIONAL TRANSPORTATION STUDY CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEC. ARE APPLICABLE THERETO. Authorized Official ____________________________________ ______________________________ Director Date PI # 0017153-PLN Page 25 of 26 AUGUSTA REGIONAL TRANSPORTATION STUDY Template Revised 6/6/2019 PL Funds (FY 2023) APPENDIX C CERTIFICATION OF CONSULTANT DRUG-FREE WORKPLACE I hereby certify that I am a principal and duly authorized representative of AUGUSTA REGIONAL TRANSPORTATION STUDY, whose address is 535 TELFAIR STREET, SUITE 300, AUGUSTA, GA 30901 and it is also certified that: (1) The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the "Drug-Free Work Place Act", have been complied with in full; and (2) A drug-free workplace will be provided for the consultant's employees during the performance of the contract; and (3) Each subcontractor, if any, hired by the DESIGNATED AGENCY shall be required to ensure that the subcontractor's employees are provided a drug-free workplace. The DESIGNATED AGENCY shall secure from that subcontractor the following written certification: "As part of the subcontracting agreement with the AUGUSTA REGIONAL TRANSPORTATION STUDY certifies that a drug-free workplace will be provided for the subcontractor's employees during the performance of this contract pursuant to paragraph (7) of subsection (b) of the Official Code of Georgia Annotated Section 50-24-3", and (4) It is certified that the undersigned will not engage in unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the contract. ____________________________ ________________________________ Date Director PI # 0017153-PLN Page 26 of 26 AUGUSTA REGIONAL TRANSPORTATION STUDY Template Revised 6/6/2019 PL Funds (FY 2023) APPENDIX D - GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT Name of Contracting Entity: FHWA – METROPOLITAN PLANNING PROGRAM Contract No. and Name: PL 0018415-PLN AUGUSTA REGIONAL TRANSPORTATION STUDY By executing this affidavit, the undersigned person or entity verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm, or entity which is contracting with the Georgia Department of Transportation has registered with, is authorized to participate in, and is participating in the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned person or entity further agrees that it will continue to use the federal work authorization program throughout the contract period, and it will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the undersigned with the information required by O.C.GA. § 13-10-91(b). The undersigned person or entity further agrees to maintain records of such compliance and provide a copy of each such verification to the Georgia Department of Transportation within five (5) business days after any subcontractor is retained to perform such service. _______________________________________ E-Verify Company Identification Number _______________________________________ Signature of Authorized Officer or Agent _______________________________________ Date of Authorization _______________________________________ Printed Name of Authorized Officer or Agent _______________________________________ Name of Contractor _______________________________________ Title of Authorized Officer or Agent _______________________________________ Date SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ day of_________________, 2022 ________________________________________ [NOTARY SEAL] Notary Public My Commission Expires on: ___________________ FY 2023 Unified Planning Work Program Prepared By:Augusta Planning & Development Department Carla Delaney, Director In Cooperation With:Aiken County, Edgefield County, and Columbia CountyFederal Transit AdministrationFederal Highway Administration Georgia Department of TransportationSouth Carolina Department of Transportation Adopted March 3, 2022Amended June 9, 2022 33 TASK 4.3 - Intermodal Planning Purpose: To incorporate bicycle, pedestrian, public transit, freight, and non-motorized transportation planning activities into the overall ARTS transportation planning process. To implement projects that resolve conflicts between modes of transportation, such as rail/highway conflicts, and projects that improve connections and travel alternatives among modes of transportation. This work element will be used to foster a transportation system that accommodates bicycle, pedestrian, public transit, freight, and other non-motorized means of transportation. Activities under this work element will focus on evaluating the highway and rail conflicts in the ARTS area; addressing the efficient movement of freight; identifying possible solutions to problem locations related to intermodal connections, and improving safety for non-motorized travel. Through the implementation of the Regional Bicycle and Pedestrian Plan, the ARTS transportation system will be more intermodal. This plan prioritized proposed projects based on numerous factors identified by local stakeholders. The plan recommends local governments strengthen policies related to: 1. Bicycle paths and parking 2. Pedestrian facilities 3. Regional connectivity 4. Bicycle and Pedestrian Safety and Educational Outreach The implementation of the Regional Bicycle and Pedestrian Plan will be pursued by ARTS MPO committees as projects in the TIP progress preliminary engineering and all subsequent phases of work during the project implementation. Previous Work 1. The 2050 MTP and FY 2021-2024 TIP updates include future transportation projects on routes/corridors serving freight traffic. 2. ARTS Bicycle and Pedestrian Plan (Implementation and monitoring Transportation Alternatives Program (TAP) projects). 3. Aiken County Bicycle and Pedestrian Plan (Implementation and monitoring TAP projects). 4. ARTS staff continued work on compiling data to assess Sidewalk and Bus Stop/Shelter Gap Analysis based on the Americans with Disabilities Act (ADA) Self Evaluation Plan for Richmond County. 5. ARTS staff released a solicitation for Transportation Alternatives (TA) Set-aside grant applications. FY 2023 Work Activities and Schedule ACTIVITIES EXPECTED COMPLETION DATE 1. Complete Streets Policy Technical Report January 31, 2023 2. Education and outreach materials for bicycle and pedestrian safety February 15, 2023 3. Collect data to create GIS map of Critical Freight Corridors April 2023 34 ACTIVITIES EXPECTED COMPLETION DATE 4. Collect and analyze traffic conflicts at railroad crossings June 30, 2023 5. Task 0 – Project Management July 2022 – June 2023 6. Task 1 – Project Initiation July 2022 – August 2022 7. Task 2 – Existing Conditions Inventory and Profiles Analysis July 2022 – Sept. 2022 8. Task 3 – Stakeholder Involvement / Freight Advisory Committee July 2022 – June 2023 9. Task 4 – Freight Project Identification Oct. 2022 – Feb. 2023 10. Task 5 – Freight Project Evaluation / Project Feasibility Jan 2023 – April 2023 11. Task 6 – Draft and Final Freight Report April 2023 – July 2023 Product(s) 1. Complete Streets Policy Technical Report. 2. Draft 2022 ARTS Regional Freight Plan Update completed by selected consultant pending GAMPO application. ARTS staff will intermodal task funds to assist the selected consultant with public outreach and administrative support. COST ESTIMATES AND PROPOSED FUNDING SOURCES Responsible Agencies: Augusta Planning and Development Department (APDD), Aiken County Planning and Development Department (ACPDD), Federal Highway Administration – GA(FHWA GA), Federal Highway Administration – SC (FHWA SC), Georgia Department of Transportation (GDOT), and South Carolina Department of Transportation (SCDOT). FUNDING SOURCE APDD ACPDD TOTALS FHWA (GA PL) $44,358.82 $44,358.82 APDD (GA PL Match) $11,089.70 $11,089.70 FHWA (SC PL) $400.00 $3,200.00 $3,600.00 ACPDD (SC PL Match) $100.00 $800.00 $900.00 FHWA (GA PL) – GAMPO $240,000.00 $240,000.00 APDD (GA PL Match) – GAMPO $60,000.00 $60,000.00 TOTAL $355,948.52 $4,000.00 $359,948.52 60 FY 2023 UPWP BUDGET Figure 3 - FY 2023 UPWP Budget FTA SEC 5303 SEC 5303 FTA SEC 5303 FHWA APDD FHWA ACPDD SEC 5303 GA STATE APDD FHWA ACPDD SEC 5303 LSCOG FHWA NAPDD GA PL MATCH SC PL MATCH FUNDS MATCH MATCH SC PL MATCH SC PL MATCH SC PL MATCH 1.1 Program Coordination/Administration $52,000.00 $13,000.00 $6,000.00 $1,500.00 -$ -$ -$ $45,000.00 $11,250.00 -$ -$ -$ -$ $128,750.00 1.2 Training/Employee Education $32,000.00 $8,000.00 -$ -$ -$ -$ -$ $6,000.00 $1,500.00 -$ -$ -$ -$ $47,500.00 1.3 UPWP $18,400.00 $4,600.00 $800.00 $200.00 -$ -$ -$ $2,000.00 $500.00 -$ -$ -$ -$ $26,500.00 $102,400.00 $25,600.00 $6,800.00 $1,700.00 -$ -$ -$ $53,000.00 $13,250.00 -$ -$ -$ -$ $202,750.00 2.1 Community Outreach / Education $26,400.00 $6,600.00 $2,000.00 $500.00 -$ -$ -$ $5,000.00 $1,250.00 -$ -$ -$ -$ $41,750.00 $26,400.00 $6,600.00 $2,000.00 $500.00 -$ -$ -$ $5,000.00 $1,250.00 -$ -$ -$ -$ $41,750.00 3.1 Environmental Justice & Socioeconomic Data $16,000.00 $4,000.00 $1,200.00 $300.00 -$ -$ -$ $2,400.00 $600.00 -$ -$ -$ -$ $24,500.00 3.2 Land Use Monitoring $14,400.00 $3,600.00 -$ -$ -$ -$ -$ $5,200.00 $1,300.00 -$ -$ -$ -$ $24,500.00 3.3 Transportation Surveys, Models & Analysis $17,600.00 $4,400.00 $400.00 $100.00 -$ -$ -$ $2,400.00 $600.00 -$ -$ -$ -$ $25,500.00 3.4 Environmental Justice / Title VI $16,000.00 $4,000.00 -$ -$ -$ -$ -$ $2,400.00 $600.00 -$ -$ -$ -$ $23,000.00 3.5 GIS Development & Applications $28,000.00 $7,000.00 -$ -$ -$ -$ -$ $40,000.00 $10,000.00 -$ -$ -$ -$ $85,000.00 $92,000.00 $23,000.00 $1,600.00 $400.00 -$ -$ -$ $52,400.00 $13,100.00 -$ -$ -$ -$ $182,500.00 4.1 Metropolitan Transportation Plan $14,400.00 $3,600.00 $800.00 $200.00 -$ -$ -$ $4,800.00 $1,200.00 -$ -$ -$ -$ $25,000.00 4.2 Congestion Management $16,000.00 $4,000.00 $800.00 $200.00 -$ -$ -$ $3,200.00 $800.00 -$ -$ -$ -$ $25,000.004.3 Intermodal Planning $44,358.82 $11,089.70 $400.00 $100.00 -$ -$ -$ $3,200.00 $800.00 -$ -$ -$ -$ $59,948.524.4 Air Quality Issues $18,400.00 $4,600.00 $1,600.00 $400.00 -$ -$ -$ $3,600.00 $900.00 -$ -$ -$ -$ $29,500.004.5 Bike and Pedestrian Plan Update $40,000.00 $10,000.00 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $50,000.004.6 Complete Streets -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $0.00 $133,158.82 $33,289.70 $3,600.00 $900.00 -$ -$ -$ $14,800.00 $3,700.00 -$ -$ -$ -$ $189,448.52 4.7.1 Georgia Avenue Traffic Calming and Pedestrian Access -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $40,000.00 $10,000.00 $50,000.00 4.7.2 North Augusta Unified Transportation Plan -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $80,000.00 $20,000.00 $100,000.00 4.7.3 Transportation Hub Accessibility and Land Travel Patterns $36,000.00 $9,000.00 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $45,000.00 4.7.4 US1 Corridor Pedestrian Fatalities Analysis $36,000.00 $9,000.00 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $45,000.00 4.7.5 Bettis Academy Road Feasibility Study -$ -$ -$ -$ -$ -$ -$ $160,000.00 $40,000.00 -$ -$ -$ -$ $200,000.00 4.7.6 Whiskey Road Feasibility Study -$ -$ -$ -$ -$ -$ -$ $40,000.00 $10,000.00 -$ -$ -$ -$ $50,000.00 4.7.7 Aiken County Urbanized Area Bicycle Pedestrian Plan Update -$ -$ -$ -$ -$ -$ -$ $160,000.00 $40,000.00 -$ -$ -$ -$ $200,000.00 4.7.8 Five Notch Corridor Study -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $80,000.00 $20,000.00 $100,000.00 4.7.9 US 278/5th Street Intersection and Gateway Study -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $40,000.00 $10,000.00 $50,000.00 4.7.10 US 278/Martintown Road/Buena Vista Boulevard Study -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $40,000.00 $40,000.00 $80,000.00 4.7.11 SC 118 Intersection Analysis -$ -$ -$ -$ -$ -$ -$ 80,000.00$ 20,000.00$ -$ -$ -$ -$ $100,000.00 $72,000.00 $18,000.00 $0.00 $0.00 -$ -$ -$ $440,000.00 $110,000.00 -$ -$ 280,000.00$ 100,000.00$ $1,020,000.00 5.1 Program Support and Administration -$ -$ -$ -$ $33,089.00 $4,136.13 $4,136.13 -$ -$ $26,040.00 $6,510.00 -$ -$ $73,911.25 5.2 Long-Range Transportation Planning -$ -$ -$ -$ $48,800.00 $6,100.00 $6,100.00 -$ -$ $2,000.00 $500.00 -$ -$ $63,500.00 5.3 Short -Range Transportation Planning -$ -$ -$ -$ $36,000.00 $4,500.00 $4,500.00 -$ -$ $15,960.00 $3,990.00 -$ -$ $64,950.00 5.4 Transportation Improvement Program -$ -$ -$ -$ $33,600.00 $4,200.00 $4,200.00 -$ -$ $4,000.00 $1,000.00 -$ -$ $47,000.00 -$ -$ -$ -$ $151,489.00 $18,936.13 $18,936.13 -$ -$ $48,000.00 $12,000.00 -$ -$ $249,361.25 6.1 Performance Based Planning $20,000.00 $5,000.00 -$ -$ -$ -$ -$ $9,600.00 $2,400.00 -$ -$ -$ -$ $37,000.00 $20,000.00 $5,000.00 -$ -$ -$ -$ -$ $9,600.00 $2,400.00 -$ -$ -$ -$ $37,000.00 7.1 Transportation Improvement Program $16,000.00 $4,000.00 $1,600.00 $400.00 -$ -$ -$ $5,200.00 $1,300.00 -$ -$ -$ -$ $28,500.00 $16,000.00 $4,000.00 $1,600.00 $400.00 -$ -$ -$ $5,200.00 $1,300.00 -$ -$ -$ -$ $28,500.00 $461,958.82 $115,489.70 $15,600.00 $3,900.00 $151,489.00 $18,936.13 $18,936.13 $580,000.00 $145,000.00 $48,000.00 $12,000.00 $280,000.00 $100,000.00 $1,951,309.77 4.3 GAMPO 2022 Freight Plan Update (Pending Gampo Approval)$240,000.00 $60,000.00 $300,000.00 4.5 GAMPO PL 0018099-PLN 2022 Bike and Pedestrian Plan $240,000.00 $60,000.00 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $300,000.00 4.6 Y410 FUNDING - Complete Streets Funding (Pending Supplemental Agreement) $11,459.55 $2,864.89 $14,324.44 $491,459.55 $122,864.89 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $614,324.44 $953,418.37 $238,354.59 $15,600.00 $3,900.00 $151,489.00 $18,936.13 $18,936.13 $580,000.00 $145,000.00 $48,000.00 $12,000.00 $280,000.00 $100,000.00 $2,565,634.21 FIGURE 3 SUBTOTAL: FY 2023 MPO PL & Local Match Subtotal: Program Administration Subtotal: Public Involvement Subtotal: Data Collection/ Analysis Subtotal: Transportation System Planning Subtotal: Special Transportation Studies Subtotal: Public Transit/Paratransit Subtotal: Performance Based Planning Subtotal: Transportation Improvement Program GRAND TOTAL: FY 2023 MPO PL & Local Match w/ FY 2023 GAMPO PL & Local Match SUBTOTAL: FY 2023 GAMPO PL & Local Match TOTAL AIKEN COUNTY PLANNING & DEVELOPMENT LOWER SAVANNAH COUNCIL OF GOVERNMENTS AUGUSTA PLANNING & DEVELOPMENT DEPARTMENT Revised 05/05/2022 NORTH AUGUSTA PLANNING & DEVELOPMENT ARTS FY 2023 UPWP WORK ELEMENTS BY FUNDING SOURCE Federal Metropolitan Planning (PL) Fund Application Form NAME OF STUDY: ARTS Regional Freight Plan Update_____ PHASE: ___1 of 1______________ MPO: _Augusta Regional Transportation Study (ARTS) ________________________________________ CONTACT (Name, Phone, Email): _Mariah Harris, (706) 821-1810, Mharris2@augustaga.gov ________ PROJECT START DATE: October 1, 2022 PROJECT END DATE: April 30, 2024 IS PROJECT UPWP/TIP APPROVED: YES IF NO, AMENDMENT NEEDED? _____________ PREVIOUS WORK ON PROJECT: _2008 Augusta Regional Freight Profile_ ________________________ DESCRIPTION OF PROJECT BACKGROUND, NEED & GOALS: MPOs are responsible for addressing freight needs during the transportation planning process. The ARTS MPO update of the Augusta Regional Freight Profile will review and reassess the existing freight plan (2008 Augusta Regional Freight Profile). The previous plan described freight movement in the MPO based on existing data and interviews of key stakeholders in the region at the time, as well as provided alternative forecast methodologies to allow for an estimation of future freight flows in the region. This report was structured modally so that each mode (truck, rail, and air) was described in terms of the network, (what was then) current and future freight volumes, bottlenecks, and potential solutions. The previous ARTS Freight Study featured elements including, but not limited to: Stakeholder Involvement, Identifying Freight Needs & Deficiencies, Freight Project Evaluation, as well as the Regional Freight Profile within the ARTS boundary (Richmond Columbia Counties in GA, and Aiken and Edgefield Counties in SC). It is a critical program objective that these identified priorities will form the basis for future funding requests during the ARTS Transportation Improvement Program (TIP) and Metropolitan Transportation Plan (MTP), and Congestion Management Process (CMP) update cycles, as well as future funding requests via GDOT, FHWA, and other sources. The MPO seeks the assistance of the GAMPO PL Funds to proceed with the 2022 Augusta Regional Freight Profile to ensure continued integration of freight into the regional planning process as well as meeting federal freight planning requirements. COST DESCRIPTION (contract, staff, purchase data costs, etc.): ARTS/MPO will contract the completion of this plan to a private consultant. The scope of services will be reviewed by the Citizen’s Advisory Committee, Technical Coordinating Committee, and the Policy Committee for approval. PL FUNDS: ___$240,000___ (80 %) LOCAL MATCH (CASH): ___$60,000____ (20 %) LOCAL MATCH (IN-KIND): _______ ______ ( __%) TOTAL COST: __ $300,000___ MAPS/IMAGES OF PROJECT: N/A Attach, RFP/scope of work, MPO Policy Board matching resolution, and other supporting documentation Commission Meeting Agenda 11/1/2022 2:00 PM ARTS MPO Regional Freight Plan Update Department:Planning and Development Department:Planning and Development Caption:Motion to accept grant award from Georgia Association of Metropolitan Planning Organizations (GAMPO) for the Regional Freight Plan Update. (Approved by Public Services Committee October 25, 2022) Background:MPOs are responsible for addressing freight needs during the transportation planning process. The ARTS MPO update of the Augusta Regional Freight Profile will review and reassess the existing freight plan (2008 Augusta Regional Freight Profile). The previous ARTS Freight Study featured elements including, but not limited to: Stakeholder Involvement, Identifying Freight Needs & Deficiencies, Freight Project Evaluation, as well as the Regional Freight Profile within the ARTS boundary (Richmond Columbia Counties in GA, and Aiken and Edgefield Counties in SC). It is a critical program objective that these identified priorities will form the basis for future funding requests during the ARTS Transportation Improvement Program (TIP) and Metropolitan Transportation Plan (MTP), and Congestion Management Process (CMP) update cycles, as well as future funding requests via GDOT, FHWA, and other sources. Analysis: Financial Impact:GAMPO Application: $240,000 Augusta/Local: $60,000 Total Project Costs: $300,000 Alternatives:Forfeiture of the funds and the Regional Freight Plan will remain outdated. Recommendation:We recommend that the Augusta Commission accept the $240,000 GAMPO grant to complete the Regional Freight Plan Update. Funds are Available in the Following Accounts: ARTS completed the Augusta Finance Grant Proposal Application on September 9, 2022 confirming that the Augusta/Local funds are available via the Planning & Development org key 220016309 in 2022 budget. The 2023 budget is pending approval. REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/1/2022 2:00 PM Comprehensive Zoning and Alcohol Ordinances Adult Entertainment Department:Augusta Commission Department:Augusta Commission Caption:Motion to approve allowing the Planning & Development Department to look at similar ordinances in cities such as Savannah, Atlanta and Columbia, SC in order to formulate an ordinance and also any ordinances that pertain to adult entertainment and come back with a report at the December 6 Commission meeting.(Approved by Public Services Committee October 25, 2022) Background:On October 25, 2022 the Public Services Committee considered instructing the Planning & Development Department to review and recommend updates to sections of the Comprehensive Zoning and Alcohol Ordinances as it pertains to the Adult Entertainment criteria. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/1/2022 2:00 PM Location for the Gateway Sculpture at Sand Bar Ferry Road Department:Greater Augusta Arts Council Department:Greater Augusta Arts Council Caption:Motion to approve the location for the Gateway Sculpture at Sand Bar Ferry Road.(Approved by Public Services Committee October 25, 2022) Background:The Greater Augusta Arts Council is the public art agency for Augusta, Georgia and has been tasked with commissioning three large scale sculptures to be placed at three gateways to the city. The locations were determined a few years back, however, due to updated regulations from the Georgia Department of Transportation (GDOT), the location on Sand Bar Ferry Road needs to be moved. The Arts Council has identified a suitable parcel (GIS parcel number 061-0-017-00-0) where the sculpture can be installed. The parcel is owned by Augusta. Analysis: Financial Impact:N/A 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: Augusta Transit DEPLOYMENT SERVICE ORDER By this service order (the “Order”), Via Mobility LLC, a Delaware company with its principal office located at 10 Crosby Street, Floor 2, New York, New York 10013 (“Via”), and the customer identified below (“Customer”) agree to collaborate towards the operation by Customer of on-demand transit deployment (the “Deployment”) in Augusta, Georgia, a political subdivision of the State of Georgia. Customer Name: Augusta, Georgia Augusta Transit Department Customer Entity Type / State of Incorporation: Government/Georgia Customer Notice Address: 535 Telfair Street, Augusta, GA, 30901 Customer Email: sdottery@augustaga.gov NWilliams@augustaga.gov Term: The duration of the Deployment shall last until the last day of the calendar month during which a period of 12 months following launch expires, subject to extension by mutual agreement of the parties on terms to be agreed (including any increase in monthly fees for additional months). Services: Customer will receive access to the standard Via Solution and automatic software updates, comprised of: (a) Fully localized proprietary routing and matching algorithms that analyze all trip requests, assign riders dynamically to the best- suited vehicle, and group passengers headed in the same direction into efficient shared rides powered by Via’s patented technology; (b) Downloadable iOS and Android rider apps that allow customers to book rides, track vehicles in real time, pay for trips, and troubleshoot any issues; (c) Downloadable driver app that provides efficient turn-by-turn directions; the app allows drivers to start and end driving time, schedule breaks, and contact live support; and (d) Access to the Via Operations Console (“VOC”), which allows administrators to perform a variety of functions, including booking trips, checking trip details, adjusting account information, and providing customer support, and accessing reports, as provided for in Appendix 1; (e) Access to the data reporting set forth in Appendix 1, made available via the VOC. Support Services – Installation. Via provides installation support for up to four (4) weeks after the Deployment begins serving Riders (“Launch”), consisting of: (a) Localization for the agreed-upon zone, including optimizing the algorithm, configuring back-end, and defining acceptable pick- up and drop off points; (b) Testing and quality assurance; (c) Help Customer to build a launch plan and rider acquisition strategy; and (d) Instruction for drivers, dispatchers, and managers on Via’s best practices; remote launch support Via and Customer will work together to refine the exact scope and timeline of the project components which are subject to change upon mutual agreement of both parties. After the signing of this Order, the project will commence with a planning phase, where both parties will collaborate to further define the project components described above, and align on a mutual understanding of: ● Customer goals and objectives for the new microtransit service ● The current processes and pain points of the existing demand responsive service. ● The exact scope of the new Via solution; and ● The timeline and change management plan for gradually rolling out the Via system and supporting Customer services. Support Services – Ongoing. The following services are included in the fees up to the number of hours per month identified below: (a) Operational support and system adjustments: Includes algorithm adjustments and changes to virtual bus stops / pickup points at request of Customer: up to ten (10) hours per month (b) Expert consulting: up to five ( 5) hours per month ● Marketing and growth: help setting up complex promotions, review and assistance for third party tools that can integrate into Via’s tech ● Operations: Including supply optimization analysis, payment & fraud investigation, and business case/unit economics analysis ● Service expansion: Including feasibility analysis for service expansions or additional projects (c) Tech Support: Dedicated customer success Via point of contact will use commercially reasonable efforts to respond within one business day for non-critical issues (upon receipt of a detailed description of the issue as requested by Via) and to ensure that assistance is provided within a reasonable time frame. Via will also provide Customer with an appropriate channel for alerting Via to system outages or other critical issues, with respect to which Via will provide emergency assistance. Via will notify Customer if Customer is within 1 hour of exceeding capped hourly limit on Operational Support and System Adjustments and/or Consulting Services. If requested, hours beyond those set forth above will be charged on an hourly rate, ranging from $165-$225. Additional Services (detailed in Appendix 2) ☐Web-Based Booking Portal ☐White List Point Consulting ☐Flexible Booking ☐Corporate Account Management dashboards ☐Fixed Route Referral ☐Multi-modal Integration ☐Cross-Agency Integration☐ Third-party trip planner integration ☐Payment Provider Integration ☐Customer Support ☐Integrated Mobility Services ☐ Consulting Customer Responsibilities. (a) General. Customer will operate and manage the Deployment as set forth in the Terms, Customer shall cooperate with Via as necessary for the purpose of setting up the Deployment and its specifications, including by providing prompt feedback to Via’s inquiries and providing local insights, in order to meet mutually agreed upon deadlines. (b) Launch. Within one (1) week of signing this Order, the Parties will mutually agree on the exact geographic zone and a targeted launch date (“Launch”).Launch date will be no sooner than 12 weeks following the execution of this Order. In the event that the Launch date is moved at Customer’s request or delayed due to Customer’s inaction, Customer will be charged $500 / month to accommodate hosting and other direct IT costs. (c) Zone: Customer and Via will agree [at least one month prior to launch] on the Deployment service zone. Any changes or expansions to the zone may result in additional fees. (d) Support Requests. At the start of the project, Via will direct Customer towards the relevant CRM tools to log requests. In order to trigger a Product Maintenance request, requests for product maintenance must contain detailed information about the nature of the request. Requests for additional features may be subject to additional fees. (e) Payment Processing. The fees set forth above do not include any owed to the third party payment processor (Braintree). Via will facilitate an introduction to its recommended payment processor and Customer is responsible for entering an agreement with such payment processor in order to be able to process credit card payments. Fees. Customer shall pay Via the following Fees: Fee Category Amount Invoicing Terms Installation Fee $4,000 Payable upon signing of this Order Hardware Purchase, Installation, and Data $3,990 (excluding replacement hardware) ● Hardware fees ● $350 per device (including mount, case, and power) ● $60 installation fee per vehicle ● $265 per device per year for data & ongoing maintenance Payable upon signing of this Order, with any replacement hardware, if needed, billed as incurred Minimum Monthly Fees $30,960 ● Per-vehicle fees ● $520 per vehicle per calendar month for vehicles 1-4 ● $500 per vehicle per calendar month for vehicles 5-10 ● $450 per vehicle per calendar month for vehicles 11-15 ● Minimum of $2,580 per month (i.e., 5-vehicle minimum) Minimum Monthly Fees payable upon signing of this Order, any amount in excess of minimum to be invoiced monthly by Via Projected 12-Month Total $38,950 minimum (excluding additional vehicles and Fees for any Additional Services) The Customer shall be responsible for paying its fees at the beginning of the month in which they are incurred based on the monthly vehicle minimum(s) (the “Minimum Monthly Fee”). The Minimum Monthly Fee will be paid in advance upon signing of the contract. In the event that the per-vehicle-fees incurred for a given month exceed the Minimum Monthly Fee, Customer shall be responsible for paying the difference for each such month (“Monthly True-Up”) thereafter within thirty (30) days of the date of such invoice. At the beginning of the following month, Via will provide Customer with an invoice calculating the per-vehicle fees actually incurred based on the actual number of active vehicles used during that month, in the form attached hereto as Exhibit A. The Customer hereby agrees that the sample invoice set forth on Exhibit A is satisfactory to Customer, both in substance and format. For the avoidance of doubt, (i) the number of vehicles per month for purposes of the above fees shall be the maximum number of distinct vehicles input by Customer that use the Via Solution on any given day over the course of the applicable calendar month and (ii) in the event the duration of the Deployment does not exactly match calendar months, monthly fees will be pro-rated for the first and/or last calendar months of the Deployment, as applicable, so that Customer will only be charged for the portion of such months during which the Via Solution was available to be used for the Deployment. Customer shall reimburse all travel expenses of Via personnel for purposes of the Deployment. Installation-related services described above will initially be performed remotely, and if Via and Customer deems it necessary, in person by Via personnel for a limited period around launch. Thereafter, services will continue to be performed remotely as applicable, provided that Via personnel can be sent to Customer’s location for additional trips upon reasonable request. Should Customer and Via deem in-person travel to be necessary, Via will provide an estimate of expenses prior to travel, the cost of which will not exceed $7,000 without written approval from Customer. Launch Delay. If the Launch Date is delayed for more than a month by Customer for any reason, Customer shall be responsible for paying Via for a $1,000 monthly technology fee for the cost of maintaining the technology infrastructure for Customer’s deployment during the period of delay (the “Technology Fee”). The Technology Fee shall be payable monthly at the beginning of the month in which it is incurred. Branding. The Deployment will be branded as AT On-Demand powered by Via. The “powered by Via” banner must be used only in the exact format provided by Via, and will be prominent on all assets promoting the Deployment, including (but not limited to) printed collateral, digital materials, websites, and any vehicle wraps. The “powered by Via” banner will have equal prominence on all marketing materials to any additional partner logos or trademarks. Via may provide pre-approved brand assets and guidelines that must be complied with in all marketing communications distributed by the Customer. Supplemental Clauses This Order shall be governed by the Terms and Conditions set forth in Appendix 3 (the “Terms”) as well as the below Supplemental Clauses. Terms used herein and not otherwise defined shall have the meaning set forth in the Terms. In case of conflict between the Terms and the Supplemental Clauses, the Terms shall take precedence. FTA Required Clauses. This Order shall comply with all FTA Required Clauses, which have been attached hereto as Exhibit B, and incorporated herein by reference, subject to the following modifications: A. Section 6 (Incorporation of Federal Transit Administration (FTA) Terms) – “The contract between Via Mobility LLC and the Augusta Transit Department does not involve a “Planning, Research, Development, and Demonstration Project” in the context of the incorporation of the FTA Required Clauses.” is hereby inserted after the final sentence of Section 6. B. Section 8 (Termination for Convenience or Default) – The first sentence is of Section 8 hereby replaced with: “Augusta, Georgia may terminate this contract, in whole or in part, after at least 90 days have elapsed after the Launch, upon 90 days’ prior written notice to the contractor when it is in the Augusta, Georgia’s, as the recipient of FTA grant funds that support the Project, best interests.” Insurance. Without limiting the Via’s indemnification obligations, Via shall obtain, provide and maintain during the term of this Agreement, at its own expense, a policy or policies of liability insurance of the type and amounts described below and satisfactory to Customer. Via shall also require all of its subcontractors to obtain, provide, and maintain insurance which meets the same requirements contained herein. A. Prior to the commencement of the Services, the Via shall provide evidence satisfactory to Customer that it has secured the following types and amounts of insurance: (1) Workers’ compensation insurance covering all employees and principals of Via as required by applicable statute and Employers Liability insurance, in a minimum amount of $1 million per accident; (2) Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million per occurrence for bodily injury, personal injury, and property damage. the general aggregate limit shall be twice the occurrence limit; (3) Commercial auto liability and property insurance covering “any auto” with a minimum limit of $1 million combined single limit per accident for bodily injury and property damage. (4) Technology Errors and Omission liability insurance appropriate to Via’s profession. Such insurance shall be in an amount not less than $850,000 per claim, and shall be endorsed to include contractual liability. B. The commercial general liability and automobile policies shall contain the following provisions, or Via shall provide endorsements to add the following provisions to the insurance policies: (1) the Customer, its officials, officers, employees and agents shall be covered as additional insureds with respect to the Services or operations performed by or on behalf of the Via, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects Customer, its officials, officers, employees and agents, or if excess, shall stand in an unbroken chain of coverage excess of the Via’s scheduled underlying coverage. Any insurance or self-insurance maintained by Customer or its officials, officers, employees or agents shall be excess of the Via’s insurance and shall not be called upon to contribute with it in any way. C. (1) coverage shall not be canceled or reduced by either party except after thirty (30) days prior notice has been given in writing to Customer; provided, however, in the case of non-payment of premium, ten (10) days notice will be provided; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to Customer, its officials, officers, employees and agents. D. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to Customer, its officials, officers, employees and agents. E. All Insurance is to be placed with insurers with a current A.M. Best’s rating no less than B+:VIII, licensed to do business in Georgia . F. Via shall furnish Customer with original certificates of insurance and endorsements effecting coverage required by this Order . The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by Customer if requested. All certificates and endorsements must be received and approved by Customer before work commences. . G. Via shall include subcontract ors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontract or. It is understood that additional insureds are not possible on Via’s errors and omissions professional liability policy. All coverage for each subcontrac tor shall be subject to the requirements stated herein. Indemnification/Hold Harmless. Via shall defend, indemnify and hold harmless the Customer and its officers, directors, members, managers, employees, agents, successors and permitted assigns (“Indemnified Parties”) from and against all third-party claims, losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys’ fees and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers arising out of or resulting from any third-party claim, suit, action or proceeding arising out of or resulting from (a) the willful, fraudulent or grossly negligent acts or omissions of Via, or (b) a claim that Via infringes any Intellectual Property Right of a third party. Via’s indemnification obligations under this Section shall apply whether the Indemnified Matters are due in part to the concurrent fault or negligence of the Indemnified Parties or others, but shall not extend to such concurrent fault or negligence. Via’s defense obligations under this Section shall be with attorneys approved by Customer, which approval shall not be unreasonably withheld. Force Majeure. Neither Party will be liable for delays in performing its obligations under this Order to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) 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, omissions or acts of public authorities, changes in law, regulations or policies of the Government. If the Parties determine that the force majeure event has persisted for such a length of time that remaining in this Order has become detrimental to the Parties, the Parties may mutually agree to terminate this Order . Georgia Open Records Act. Via acknowledges that this Order and certain documentation that the Customer may receive may be subject to the Georgia Open Records Act (OCGA §50-18-70, et seq.) (hereinafter the “Act”). Via shall cooperate in a commercially reasonable manner in responding to such requests and shall make relevant non-exempt records that may be in its possession as defined in, and which are subject to the Act, available for inspection and copying as required under the Act. Confidential and Proprietary documentation and/or information that the Licensee may receive from the Vendor shall be marked as such and shall be subject to the relevant exclusions pursuant to the Act. Governing Law and Venue. The validity and interpretation of this Order and each clause and part thereof shall be governed by the law of the State of Georgia without reference to principles of conflict of laws. Any legal suit, action or proceeding arising out of or related to this Order or the matters contemplated hereunder shall be instituted exclusively in the federal or state courts located in Richmond County, Georgia. Each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper venue or forum non conveniens. This section shall survive the termination of this Order . Attorneys’ fees. Should either Party employ an attorney or attorneys to enforce any of the terms and conditions hereof, each Party shall be responsible for its own attorneys’ fees, costs, and expenses incurred. Legislative Approval. This Order may only be modified by a written amendment signed by an authorized representative of each Party. Via acknowledges that this Order and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Via is deemed to possess knowledge concerning Customer's ability to assume contractual obligations and the consequences of Via’s provision of goods or services to Customer under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that Via may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Via agrees that if it provides goods or services to Customer under a contract that has not received proper legislative authorization or if Via provides goods or services to Customer in excess of the any contractually authorized goods or services, as required by Customer's Charter and Code, Customer may withhold payment for any unauthorized goods or services provided by Via. Service Provider assumes all risk of non-payment for the provision of any unauthorized goods or services to Customer, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Customer, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Customer contracts for goods and services, except revenue producing contracts. .Notwithstanding the forgoing, Customer shall provide Via a certified copy of the legislative authorization from the Board of Commissioners for this Order , and any amendment, change order, modification, addition of deliverables, or similar document. Customer further acknowledges that Via shall not commence any work that is contained in any this Order , or any amendment, change order, modification, addition of deliverables, or similar document, until it has received said certified copy of the legislative authorization, and that Via shall not be liable under this Order , or under law or equity, for any delays which are due to its not timely receiving said legislative authorization. Assignments. Neither Party may assign any of its rights or duties under this Order without the prior written consent of the other Party, such consent not to be unreasonably withheld, except that either Party may assign to an affiliate of such Party or to successor entity in the event of its dissolution, acquisition, sale of substantially all of its assets, merger or other change in legal status. Successors and Assigns. This Order shall inure to the benefit of and be binding upon the respective successors and permitted assigns of the Parties. Independent Contractor. The relationship of Via to Customer is that of independent contractor and not that of partner, member, joint venturer, employee or agent. Nothing contained in this Order shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the Parties. This Order shall not be construed to make either Party the agent or legal representative of the other Party for any purpose whatsoever, and neither Party is granted any right or authority to assume or create any obligations for, on behalf of, or in the name of the other Party. Each Party agrees that it will neither represent, nor allow itself to be held out as an agent of, or partner or joint venturer with the other Party. Prohibition against Contingent Fees. Via warrants that no person or selling agency has been employed or retained to solicit or secure this Order upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by Via for the purpose of securing business and that Via has not received any non-Client fee related to this Order without the prior written consent of Customer. For breach or violation of this warranty, Customer shall have the right to terminate this Order pursuant to this Section or at its discretion to deduct from the Order , the full amount of such commission, percentage, brokerage or contingent fee. Notices. All notices, requests, demands, claims, and other communications hereunder shall be in writing. Any notice, request, demand, claim, or other communication hereunder shall be deemed duly given when (i) if delivered personally, upon delivered personally to the recipient. Any Party may change the address to which notices, requests, demands, claims, and other communications hereunder are to be delivered by giving the other Parties notice in the manner herein set forth. Waiver. No waiver of any default shall constitute a waiver of any other breach or default, whether of the same or any other covenant or condition. No waiver, benefit, privilege or service voluntarily given or performed by other parties shall give the other any contractual right by custom, estoppel, or otherwise. Contract Documents. The following documents are hereby incorporated into this Order by reference: RFP #21-245, Via’s Response to RFP #21- 245, and this Order , including attachments and exhibits. In case of a conflict between the documents, the order of precedence shall be this Order, then Via’s Response to RFP #21-245, then he RFP #21-245 . Severability. If any portion of this Order is declared by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Order shall continue in full force and effect. Entire Agreement. This Order contains all the terms and conditions agreed on by the Parties hereto with regard to the matters dealt with herein, and no understandings or agreements, verbal or otherwise, exist between the Parties except as herein expressly set out. VIA MOBILITY LLC ___________________________________________ Authorized Signature ___________________________________________ Name ___________________________________________ Title ___________________________________________ Date CUSTOMER [________________] ___________________________________________ Authorized Signature ___________________________________________ Name ___________________________________________ Title ___________________________________________ Date Appendix 1 to Service Order VOC use and Data Sharing Authorized Users The below exhibit sets forth the members of the Customer’s “Core Team” of personnel who are designated authorized users of the VOC including access to the data detailed below (the “Core Team”). Access to the VOC is conditional upon Customer notifying Via, reasonable time in advance, of the name, title, email address and any other details Via may reasonably require of the members of the Customer Core Team. Customer Core Team will be granted suitable permissions to allow them to manage and authorise access of additional Customer personnel as secondary users (“Secondary Users”) to the VOC. All Core Team and Secondary Users will be subject to Customer’s confidentiality and non- disclosure obligations, as described in the Terms. For the avoidance of any doubt, Customers’s Core Team responsibility includes granting permissions to Secondary Users only to the extent such permission is needed for the Customer’s operation of the Deployment and in compliance with applicable privacy legislation, and removing any Secondary User access once it is no longer needed. Via retains the right to deny or revoke any Core Team or Secondary User access if Via suspects that such access may be causing or have caused a breach of the Terms, or any user guidance Via issues from time to time. Authorized Operators Customer may not provide access to the Via Solution to any third party except with Via’s prior written consent. In the event that Customer wishes to engage a third-party operator (“Operator”) to operate the Deployment, Customer shall provide Via a copy of an Operator Acknowledgement Form in the form required by Via, duly executed by such Operator, as a prerequisite for Via’s allowing the Operator access to the Via Solution. For the avoidance of doubt, no Operator will be allowed access to the Via Solution without having signed the aforementioned Operator Acknowledgement Form. Customer Core Team will be responsible for grant of VOC permissions to the Operator’s team, which will be considered Secondary Users for all purposes. As between Customer and Via, Customer shall remain responsible for acts and omissions of any Operator as it relates to Operator's access to the Via Solution. Data Sharing Plan As part of the Deployment, and as detailed below, Via will make access to data available to members of the Customer’s Core Team, and any above- authorized Customer’s Secondary User(s) and/or Operator(s), for the purpose of research and program evaluation for the duration of the Term. The data will be accessible in the VOC, and may not be shared through any other method unless otherwise authorised in writing by Via. Any and all data made available under this Order are trade secrets of Via, and subject to the confidentiality and other protective provisions set forth in the Terms at all times. Customer may not share any such data with anyone not authorised in accordance with this Appendix 1. To protect Via’s intellectual property and the privacy of riders, Via will provide the following data tables and dashboards in the form of aggregated reports and data tables to Customer through VOC: ● Service KPI Dashboards: Visualized dashboards and graphs of Key Performance Indicators. These dashboards provide a high level view of the overall service performance across a number of metrics and periods of time. Dashboards are available for download as .jpeg files or in raw form as excel spreadsheets. ● Data Generator: Set of tables with granular raw data about the service that are available for download as excel or csv spreadsheets. The reports will be refreshed daily. The reports are aggregated and any information about individual riders is de-identified. Additional off-the-shelf reporting may be made available to Customer upon request at Via’s discretion. Custom reports will need to be scoped and may come at additional cost. SERVICE KPI DASHBOARD Dashboard Report Metrics Service Operations Metrics & Graphs ● Total ride requests ● Requests during service hours ● Met Demand ● Met Demand Rate ● Completed rides ● Completed Rides Rate ● Detailed Ride Requests Status ● Active Riders ● Driver Hours ● Utilization Rider Experience Metrics & Graphs ● Average Ride Duration ● Average Ride Rating ● Average Pickup Walking Distance (corner-to-corner services only) ● Aggregation Rate ● Average ETA ● Dropoff Time Requested vs. Scheduled* ● Dropoff Time Scheduled vs. Actual* ● Pickup Time Requested vs. Scheduled* ● Pickup Time Scheduled vs. Actual* *Pre-booked rides only Rider Growth Metrics & Graphs ● Accounts Created ● Active Riders ● Total Riders Who Requested a Ride ● Total Riders Who Completed a Ride ● Completed Rides Per Rider Ride Rating Metrics and Graphs ● Avg. Ride Rating ● Total Bookings with Ratings ● Percent Bookings with Ratings ● Total Five Star Ratings ● Percent Five Star Ratings ● Label per Rating ● Rating Distribution Advanced Prebooking Metrics & Graphs (prebooking only) ● Request Source ● Recurring Type ● Hours Booked in Advance ● Hours Canceled in Advance DATA GENERATOR Table Data Columns Ride Request Table ● Request Creation Date & Time ● Request ID ● Request Status ● Rider ID ● Wheelchair Accessible ● Booking Method ● Number of Passengers ● Booking type (PB+OD only) ● Origin Address ● Origin Lat + Long ● Destination Address ● Destination Lat + Long ● Actual Pickup Time ● Cancelation Time ● No Show Time ● Ride Price ● Ride Distance ● Ride Duration (min) ● Ride Rating Rider Activities Table ● Rider ID ● Account Creation Date ● Total Requests ● Total Completed Rides ● Total Cancellations ● Total No Shows Drivers Table ● Drive ID ● Driver Name ● Driver Email ● Active Status ● Total Shift Hours ● Avg. Shift Hours Per Day ● Avg. Shift Hours From First Assignment Per Day ● Avg. Break Hours Per Day ● Total Accepted Rides ● Avg. Rating From Riders Vehicles Table ● Vehicle ID ● Active Status ● Visual ID ● Short Visual Identifier ● Maker ● Color ● Vehicle Capacity ● Max Capacity ● Wheelchair Capacity NTD S-10 Report Available upon request for required reporting to the FTA. (United States only) ● Service Date ● Day of the Week ● Vehicles Operated in Maximum Service (VOMS) ● Actual Vehicle Hours ● Actual Vehicle Miles ● Vehicle Revenue Hours ● Vehicle Revenue Miles ● Unlinked Passenger Trips ● Passenger Miles Traveled Appendix 2: Optional Add-On Features The below includes a non-exhaustive list of possible added features, which, if selected may be described in more detail in an SOW hereunder. Feature Description Web-Based Booking Portal Portal accessible through the web that allows riders to book rides without a smart phone (or without the application). White List Point Consulting In the standard offerings, users can configure ‘white list points’, or acceptable pick-up locations. Via can perform this configuration, including ongoing updates, on behalf of Customer for an additional fee. Flexible Booking Allow riders to pre-book rides rather than only on-demand. The system can also accommodate pre-booking and on-demand in a single service (e.g., offering different booking options in different zones or during different time periods). Corporate Account Management Dashboards Access to powerful “Via for Business” functionality that allows companies to book rides or subsidize certain types of rides for, e.g., employees / students / residents / customers. Fixed Route Referral* 1 System configurations that direct riders to used fixed route transportation (e.g. buses) where such transportation offers the most efficient mode for a requested ride, which helps preserves on-demand system capacity. 1* Data feeds must be provided in acceptable formats, including GTFS offline or GTFS RT, SIRI SM for realtime data. Via can provide assistance formatting the data appropriately if needed. Multimodal Integrations* Options for expanded integration with fixed route transportation. Can include: (1) displaying timetables, route maps, and real-time location of fixed-route within the app or; (2) allowing riders to plan and book multi- leg journeys, with an on-demand proposal generated to match arrival time of fixed-route leg; Cross Agency Integration* Multimodal integrations that incorporate services from neighboring jurisdictions and regional / national carriers to deliver regional multimodal trip planning and booking experience. Third Party Trip Planner Integration Integration via API with third party trip planners Payment Provider Integration Integration with third party payment providers of Customer’s request (e.g. accepting fare payment used for public transit) Integrated Mobility Services (IMS) Integrate multiple demand response modes under a single platform (e.g., microtransit, paratransit, NEMT) Customer Support Provide live agent support for issues riders may be having using the service, ranging from technical support to full-scale customer service support Consulting On-demand and multimodal service planning, network optimization, equity analysis, and other mobility consulting and planning services. Exhibit A Sample Invoice CONFIDENTIAL [VIA ENTITY NAME] Via Transportation, Inc. 10 Crosby Street, Floor 2 New York NY 10013 United States Bill To [Partner] [Address] Invoice Date Invoice # Terms Net 15 Due Date PO # Billing Period Description Rate Quantity Amount Total Vehicles Total Please make checks payable to: [__] P.O. Box 7410493 Chicago, IL 60674-0493 Wire Instructions: Bank of America, N.A. 222 Broadway, New York, NY 10038 Wire Routing # - 026009593 ACH Routing # - 021000322 Account # - 483065995955 Swift Code - BOFAUS3N Appendix 3: Terms and Conditions This Via Solution Terms of Service (the “Agreement”) is entered into between Via Mobility LLC or the applicable affiliate of Via identified in a Service Order entered into by the parties (“Via”) and the entity or person placing an order ( “Customer”) for accessing Via’s proprietary technology platform and certain related systems and methods used to establish, monitor, operate and/or manage on-demand transit networks (the “Via Solution”) and accompanying technical and operational support services and regular updates (together with access to the Via Solution, the “Services”). The “Effective Date” of this Agreement is the date which is the earlier of (a) Customer’s initial access to the Services or (b)the effective date of any Order. 1. Agreement This Agreement consists of the terms and conditions set forth below and any Via ordering documents, purchase orders, order descriptions or other order confirmations (“Orders”) If you are accessing or using the Services on behalf of your company, you represent that you are authorized to accept this agreement on behalf of your company and all references to “Customer” reference your company. 2. Definitions a. “Applicable Law” means (i) any statute, statutory instrument or any other legislative instrument having the force of law; and (ii) any applicable judgment of a relevant court of law which is a binding precedent, in each case in force at any time during the Term. b. “Affiliate” means, with respect to any specified entity, any entity that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, the entity specified. c. “Confidential Information” means information, data or materials in either tangible or intangible form that are trade secrets of, or proprietary and confidential to the Disclosing Party or its clients or business partners, including as may be so designated by statute, regulation or common law including by the form of the Uniform Trade Secrets Act and privacy laws adopted under applicable law, or which are marked as “Confidential” or which, by their nature and the context of their disclosure, should reasonably be known to be confidential. d. “Customer Data” means all data that is input by or on behalf of Customer and/or Client into the Via Solutions. Portions of the Customer Data may include personally identifiable information. For avoidance doubt, Customer Data excludes the Via Solution itself and Via’s related intellectual property rights and Confidential Information and all derivative works and improvements to each of them. Customer Data also excludes de-identified, anonymized and/or aggregated data generated from the use of the Via Solution or created by Via. e. “Transportation Laws” means any applicable law to which operators and owners of vehicles, employer of vehicle operators, and transportation service providers are required to adhere. 3. The Via Solution a. Description. The Via Solution is comprised of the driver and rider software applications (each, an “Application”) and certain system management tools and may also include certain additional software, data, data feeds, or other content owned by and licensed from third parties (the “Third Party Content”). While all the Applications are cloud-based, certain of them are deployed via download to handheld mobile devices used by Riders or drivers, while others are installed on devices field-deployed by Customer to personnel and vehicles (all three types of such devices collectively, the “Devices”). b. Use Rights. Subject to the terms and conditions herein, Via will provide the Services, as defined herein. The Services will include all related services, functions or responsibilities not specifically described in this Agreement, but that are required or reasonably necessary for the proper performance of the Via Solution in connection with the transportation services Customer provides (the “Customer Transportation Service”), for the benefit of prospective and actual clients (collectively, “Clients”), using vehicles, equipment and services (including telecommunications and/or dispatch equipment and services), personnel, routes and other infrastructure it owns or otherwise controls (the “Customer Infrastructure”). Via will grant Customer subscription, access, and use rights (“Use Rights”) for the specific Applications and deployment types identified in each applicable Order. The Order will further contain terms specifying whether Customer may co-brand the manner in which the Application is displayed on Devices. c. Third Party Content. Certain Third Party Content may already be integrated with the Applications and delivered as part of the overall Via Solution. Where this is the case, Via has been authorized to resell, distribute, or otherwise provide its customers with such integrated Third Party Content. If additional Third Party Content is optionally available for the Via Solution, such as certain information technology solutions or management tools and software, Via will identify it for Customer and Customer will be responsible for obtaining and paying for Customer’s own rights from the applicable third party licensor. d. Suspension Rights. Via may suspend Customer’s or any end user’s right to access or use the Via Solution if: (i) Via determines, in its reasonable discretion, that an end user of the Customer Transportation Service: (x) poses a systemic security risk to or may materially harm the Via Solution, Services, or any third party; or (y) may materially adversely impact the services, systems, or content of any other Via customer; (ii) Via’s rights with respect to any Third Party Content necessary for the operation of the Service are terminated or suspended for any reason; or (iii) Via is otherwise required by applicable law or regulation to do so. In the event of a suspension, Via will, where not prohibited by Applicable Law and reasonable under the circumstances, provide Customer with prior written notice of the reason for any such suspension of the Services and an opportunity to take steps to avoid any such suspension. Via will only suspend access to the minimum necessary portion of the affected Services for as long as reasonably necessary to address the issues giving rise to the suspension. If Via’s rights to any Third Party Content necessary for the operation of the Service are suspended or terminated under Section 3(d)(ii), then Via will use commercially reasonable efforts to replace such Third Party Content with reasonably equivalent content in order to restore the Service as quickly as possible. 4. Intellectual Property Rights a. The Via Solution. As between Customer and Via hereunder, all intellectual property rights of any type in and to the Via Solution and all of their derivative works and improvements are owned by, and are proprietary to Via. Except for the Use Rights granted herein (a) no right, title or interest in or to the Via Solution or any portion thereof is or shall be granted or transferred to Customer under this Agreement, whether by license or otherwise; and (b) Customer acknowledges and agrees that it shall have no right to use, reproduce, distribute, sublicense, modify or otherwise provide to third parties, the Via Solution, in whole or in part, except as explicitly granted herein. The Customer shall not directly or indirectly disassemble, decrypt, scan, decompile or otherwise reverse engineer in any manner any components or elements of the Via Solution or assist a third-party to do so. In the event that Via provides Customer with any hard-copy or electronic copies of materials containing Via’s Confidential Information, including information pertaining to the Via Solution and its operation, and Customer retains copies of such materials in accordance with its general procurement rules following the termination of this Agreement, Customer acknowledges that all intellectual property rights relating to the Via Solution and all of their derivative works and improvements remain the sole property of Via. b. Customer Data. As between Customer and Via, all intellectual property rights in and to Customer Data are co-owned by Customer and Via. For the avoidance of doubt, Via may, and is hereby granted the right to, access, modify, and use the Customer Data, including for purposes of performing Via’s obligations under this Agreement and/or to improve its product and services offerings, including the Services. To the extent Customer Data includes Client information which is or may be deemed to be personally identifiable information or otherwise subject to special privacy or security protection at law or by regulation, as between Customer and Via hereunder, Customer is solely responsible for obtaining Clients’ consent to the collection and use of such information, including its onward transfer, in the manner required for Via and its agents to perform hereunder. Customer shall be solely responsible for displaying a privacy policy to Clients and ensuring it contains terms that are both compliant with applicable law, and sufficient to permit Via and its agents to lawfully perform hereunder. Customer may not use Customer Data or any other data generated from the Service to reverse engineer the Via Solution or Via’s algorithms or share such data with Via’s competitors, in violation of its confidentiality obligations under Section 7. c. Rights to Marks. As between the parties hereunder, each party is and shall continue to be the exclusive owner of all intellectual property rights in and to their respective any word, name, symbol, logo, font, or device or any combination thereof, used to identify and distinguish goods or services from such party’s source, including trademarks (both registered and unregistered), domain names and trade dress (collectively, “Marks”) To the extent the parties have agreed that one party requires the use of the other party’s Marks in connection with performance under an Order, including for the development of a co-branded version of an Application interface, such Order shall be deemed to contain a grant of license to such party’s Marks sufficient to allow full performance under such Order. In addition, Via shall have the right to use Customer’s Marks in accordance with Section 15. In the event that Customer uses Via’s Marks in a way that causes material reputational harm to Via’s brand, Via reserves the right to withdraw Customer’s use of the Via Marks from the Customer Transportation Service. d. Independent Activities. The Customer acknowledges that Via is in the business of performing services similar to the Services for third parties and operating an on-demand transit service as its core business and that, subject to its confidentiality obligations hereunder, nothing herein prevents Via from continuing to engage in the performance of such services and related independent activities. e. Further Assurances. To the extent any intellectual property rights in or to the Via Solution vest in Customer, Customer hereby assigns to Via all such intellectual property rights and shall, at Via’s cost and expense, execute, acknowledge and deliver to Via such documents and shall take such actions as may reasonably be requested by Via to effect such assignment. To the extent any intellectual property rights in or to the Customer Data vests solely in Via, Via hereby assigns to Customer a right of co-ownership in and to all such Customer Data and shall, at Customer’s cost and expense, execute, acknowledge and deliver to Customer such documents and shall take such actions as may reasonably be requested by Customer to effect such assignment. Customer and each of Customer’s personnel hereby waives, and agrees not to assert, moral rights including the right of attribution and authorship or limitation on subsequent modification, that they may have in the Via Solution or Services or any derivative works and improvement thereto. 5. Fees. a. The fees for Use Rights and/or Services purchased (the “Fees”) together with the schedule of payments and any additional payment information are listed in each applicable Order. Unless otherwise stated in the Order, all Fees will be payable by Customer within thirty (30) days of receipt of invoice. Customer’s obligation to pay under any one Order is not contingent on Customer entering into, or Via performing under, any other Order now or in the future. Fees do not include applicable taxes (including sales, use, value-added, or excise taxes) or government charges all of which are payable by Customer (excluding taxes on Via’s income), nor do they include expenses Via may incur for Customer’s direct benefit, which will be incurred in accordance with Customer’s applicable expense-reimbursement policies, if so requested. Sales or value-added taxes or similar governmental charges associated with the provision of any Use Rights and/or Services (excluding taxes on Via’s income) will be separately stated on the relevant invoice and shall be paid by Customer in accordance with this Section 4. If Via does not receive timely payment, Via may charge the maximum monthly interest allowed by law or one percent, whichever is greater, suspend Via’s performance and seek cost of collection, including reasonable attorneys’ fees. If Customer disputes invoiced amounts, Customer must submit disputes to Via in writing within ten (10) business days of the date the invoice originally was due, otherwise it will be final and non-refundable 6. Term; Termination. a. Term. This Agreement is in effect for the time period set forth in the Order, unless earlier terminated as set forth herein (the “Term”). b. Termination. If an obligation under this Agreement or an Order is materially breached, the non-breaching party may provide written notice specifying the nature of the breach and the breaching party will have thirty (30) days from receipt of notice to cure. If not so cured, the non- breaching party may terminate the applicable Order or Orders affected by the breach by providing a second written notice of immediate termination. In addition, all Orders, including all Use Rights and/or Services under them, shall terminate automatically and immediately upon either party’s insolvency or any attempt by either party to obtain protection from creditors or wind down operations, unless otherwise agreed by the opposing party in a written notice. If an Order is terminated by either party or expires pursuant to its terms, then Customer must pay any outstanding amounts due to Via, and all copies and embodiments of Via’s Confidential Information (including the Applications) must be returned. Unless an Agreement is terminated by Customer under this Section 6 as a result of Via’s uncured material breach, no expiration or termination of this Agreement will affect Customer’s obligation to pay for Via’s non-cancelable obligations to third parties on behalf of or benefitting Customer, including fees in respect of Third Party Content, all of which will remain due and payable by Customer in accordance with the terms of the applicable Order. The notification by either party of its intent to terminate this Agreement and/or any Orders does not relieve either party of any obligations that have accrued on or before the date on which termination becomes effective. 7. Confidentiality. a. Non-Disclosure Obligations. Confidential Information may be provided or disclosed by one party (the “Disclosing Party”) orally, in writing or in graphical, machine-readable or other form to the other party (the “Receiving Party”). The Receiving Party shall hold the Confidential Information in confidence and shall not make any use or disclosure of the Confidential Information to any individual or entity during the Term and thereafter without the express written consent of the Disclosing Party in each instance, except to the extent that those of the Receiving Party’s employees, service providers, legal and financial advisors, and individual independent contractors who are bound to substantially similar obligations of confidentiality as set forth herein and have a need to know the Confidential Information so disclosed. The Receiving Party shall handle all Confidential Information received with the same degree of care as it uses to maintain the confidentiality of its own confidential information, which shall in no event be less than reasonable care. As between the parties, all Confidential Information shall remain the sole and exclusive property of the Disclosing Party and other than the licenses expressly granted in this Agreement or another agreement between the parties, no disclosure or permitted use of the Confidential Information under this Agreement shall be construed as the grant of any right, title or interest, by license or otherwise, in or to the Confidential Information. The remedy at law for breach or threatened breach of this Section 7(a) shall be inadequate, and in addition to any other remedy available, the non-breaching party shall be entitled to seek injunctive relief. In the event that Customer receives a request for Via’s Confidential Information, including this Agreement and the terms and conditions contained herein, under the Freedom of Information Act (“FOIA”) or its state or local analogs, Customer agrees to provide Via timely notice of such a request and to assist Via in seeking to protect its Confidential Information under any applicable exemption for trade secrets, to the extent possible under Applicable Law. b. Exclusions. The Receiving Party shall have no obligation under Section 7(a) with respect to any Confidential Information disclosed to it which: (i) the Receiving Party can demonstrate was already known to it at the time of its receipt hereunder; (ii) is or becomes generally available to the public other than by means of breach of these Terms and Conditions or any other agreement any party may have with the Disclosing Party; (iii) is independently obtained from a third party (other than any authorized recipient) whose disclosure to the Receiving Party does not violate a duty of confidentiality and does not require further restrictions on such disclosure; or (iv) is independently developed by or on behalf of the Receiving Party without use of, reference to or reliance on any Confidential Information of the Disclosing Party, and such independent development can be reasonably evidenced by the Receiving Party. In addition, the Receiving Party may make disclosure of Confidential Information in a judicial, legislative, or administrative investigation or proceeding or to a government or other regulatory agency; provided that, to the extent permitted by, and practicable under, the circumstances, the Receiving Party shall provide to Disclosing Party prior written notice of the intended disclosure to enable the Disclosing Party the reasonable opportunity to contest or limit such disclosure or, if prior written notice is not permitted or practicable under the circumstances, prompt notice of such disclosure. 8. Data Security. a. Data Security. The Via security program (the “Security Program”) includes Via’s use of: (a) industry-standard password protections, firewalls, and anti-spyware and malware protections to protect Customer Data; (b) access controls that restrict access to Customer Data on a “need-to know/access” basis; and (c) encryption, using industry-standard encryption tools when Customer Data is in transit over Via’s own networks. Via shall (a) not delete or remove any proprietary notices or other notices contained within or relating to Customer Data, (b) not alter, store, copy, disclose or use Customer Data, except as necessary for the provision by Via of the Services under this Agreement or as otherwise expressly authorised by this Agreement, (c) preserve, so far as possible, the integrity of Customer Data and prevent any loss, disclosure, theft, manipulation or interception of Customer Data, (d) make secure back-up copies of Customer Data on such regular basis as is reasonable for the particular data concerned as instructed by Customer, and (e) promptly notify Customer if any of Customer Data is lost, becomes corrupted, is damaged or is deleted accidentally. To the extent Customer Data contains personally identifiable information, Via will comply with its obligations under applicable privacy laws. Via delivers the Services from an industry leading platform provided by Amazon Web Services, Inc., or “AWS.” Via will consider using AWS servers in Customer’s jurisdiction or a similar jurisdiction, if possible and if necessary or desirable for purposes of complying with applicable laws. AWS is responsible for protecting its own infrastructure from which the Via Solution is made available. As such, Via’s Security Program applies only to the Applications themselves and those specific portions of the Services delivered from non-AWS facilities and infrastructure Via owns or controls. AWS does not permit Via, or any of its direct or down-stream customers, to visit the AWS data centers or offices but does provide several reports from third-party auditors who have verified their compliance with a variety of computer security standards and regulations all as detailed on the AWS compliance page located at https://aws.amazon.com/compliance/. Via passes through the benefits of AWS’s security and compliance. Consequently, wherever an Order references facilities, equipment, or software that are the obligation of Via, those references relate only to Via’s own facilities, equipment, and software, not those provided by AWS. b. Specific Customer Obligations. Customer acknowledges that the back-end tools and data reporting platforms that are included within the Services include trade secrets and other Confidential Information of Via. Customer shall cause all individuals who receive log-in credentials from Via to such tools and platforms to keep such credentials confidential and not to share them with anyone else within Customer’s organization. Customer shall put in place information barriers and firewalls to ensure that, pursuant to its obligations under Section 7, Via’s Confidential Information is not shared with any employees other than those who have a need to know such information, or with any Affiliates of Customers, or with any competitors of Via. 9. Indemnification and Related Obligations. a. Via will indemnify, defend and hold Customer harmless from amounts Customer owes to third parties as the result of either a ruling by a court of competent jurisdiction or a reasonable settlement entered into by Via that holds that the Via Solution provided to Customer under an Order or any component part thereof infringes or violates a third party’s intellectual property rights, other than in respect of patent infringements asserted by non-practicing entities or their affiliates. If the Applications are found to be infringing, or if at any time Via reasonably believes that the Via Solution may be subject to a claim of infringement, then Via may choose to: (a) modify the applicable portions of the Via Solution to be non-infringing; (b) obtain a license for Customer to continue using the infringing portions of the Via Solution; or (c) if neither of the foregoing is commercially practicable, terminate the applicable Order including any Use Rights and refund a pro-rata portion of any pre-paid fees Customer paid for the Via Solution. Via’s indemnity obligations shall not apply to: (i) Customer’s use of the Via Solution outside the scope of the Use Rights and/or their documentation; (ii) infringement arising from Customer Data and all Third Party Content directly licensed by Customer or any other materials not provided by Via; (iii) any infringement not reported by Customer in accordance with this Agreement (but only to the extent Via is actually prejudiced by Customer’s delay or failure to report); or (iv) any modifications to the Via Solution made by any party (other than Via or Via’s subcontractors or by Customer acting at Via’s express direction). This Section 7 sets forth Customer’s only remedy and Via’s only liability with respect to infringement or other violations of intellectual property rights. b. The Customer will indemnify, defend and hold Via harmless from all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys’ fees and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers (“Losses”) arising out of or relating to any third party claim regarding Customer’s use of the Via Solution, other than third-party claims regarding alleged infringement by the Via Solution of such third party’s intellectual property rights. The Customer’s indemnity obligations shall not apply to claims resulting from Via’s gross negligence or willful misconduct. 10. Warranties; Limitation of Liability; Insurance a. Warranties. Via warrants that: (i) from the Effective Date until the expiry or termination of this Agreement, the Services will comply in all material respects with this Agreement and with the relevant Order; (b) the Services will be carried out in a competent and professional manner; (c) it has, and shall continue to have, all rights, consents and authorisations necessary to enable it to perform the Services in accordance with the provisions of this Agreement; (d) it has not included or used any open-source software in the Via Solution which would prevent the Customer from exercising the Use Rights over the Via Solution as contemplated by this Agreement or in any Order; (e) the Via Solution is free from any thing or device (including any software, code, file or programme) which may prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices, in each case that would substantially impair its operation; and (f) to Via’s knowledge, there are currently no actions, suits or proceedings or regulatory investigations alleging the infringement of third-party intellectual property rights by Via pending before any court or administrative body or arbitration tribunal that might adversely affect the ability of Via to meet and carry out its obligations under this Agreement. In the event the Services fail to perform as warranted in this Section 10(a), Via shall use commercially reasonable to promptly correct any such failure of the Services. b. Disclaimers. WITHOUT PREJUDICE TO SECTION 10(a) AND TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) EACH PARTY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE AND NON-INFRINGEMENT); AND (b) VIA DOES NOT WARRANT THAT THE VIA SOLUTION MEETS CUSTOMER’S REQUIREMENTS, OPERATES WITHOUT INTERRUPTION, OR IS ERROR FREE. Notwithstanding anything to the contrary express or implied in this Section 10, Section 9 or elsewhere in this Agreement, Via shall have no liability to Customer or any Client (including no duty to defend, indemnify or hold Customer harmless) for any Transport Incident where “Transport Incident” means any accident, incident or other situation involving any Client (including negligent, willful and/or criminal acts and omissions), any package, goods, meals or dry goods transported and/or handled by Customer and/or any employee or agent of Customer on behalf of Customer and/or any Client, any Device, vehicle or equipment employed by Customer in the use, provision or servicing of the Customer Transportation Service and/or any employee or agent of Customer operating such vehicle, Device or equipment or otherwise acting on behalf of Customer (including the acts and omissions of such employees or agents while using the Application or viewing or using any device from which the Application is displayed). Transport Incidents include actual or alleged violations of Applicable Laws and the Transportation Law components thereof. c. Limits on and Exclusions from Liability. EXCEPT WITH RESPECT TO DATA BREACH COSTS, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR LOST DATA EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OTHER THAN WITH RESPECT TO FEES PAID OR PAYABLE BY CUSTOMER UNDER THE AGREEMENTS AND DATA BREACH COSTS, EACH PARTY’S TOTAL LIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH ALL AGREEMENTS WILL BE LIMITED TO DIRECT DAMAGES IN AN AMOUNT EQUIVALENT TO THE FEES PAID OR PAYABLE TO VIA WITH RESPECT TO THE PARTICULAR VIA SOLUTION OR SERVICES, AS APPLICABLE, UNDER THE ORDER OUT OF WHICH THE CLAIM AROSE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING ASSERTION OF THE CLAIM. Customer must bring all claims and causes of action within six (6) months of their being discovered or one (1) year after expiration or termination of the Order out of which the claim arises, whichever occurs first. The limitations and exclusions in this Section 8.3 apply to all claims or causes of action under whatever theory brought and regardless of whether a party was advised of the possibility of the claim. d. Data Breach Costs. If a material breach of Via’s Security Program or its obligations under Section 8(a) hereof results in unauthorized access, use or possession of Customer Data containing personally identifiable information of Customers, Via shall be liable for Customer’s Data Breach Costs up to an aggregate limit equal to the aggregate amount paid by Customer to Via hereunder, where “Data Breach Costs” means the cost and expenses of investigation and analysis (including by law firms and forensic firms), notification (including by mail house firms), offering and providing of credit monitoring or other remediation services, and any related call center or similar support activities required to be provided to the affected data subjects. e. Insurance. Customer shall obtain and maintain at all times any insurance necessary or statutorily required to operate the Customer Transportation Service using the Via Solution in the jurisdiction(s) in which it operates, at its sole cost and expense. 11. Regulatory Compliance. a. Via’s Obligations. Via shall at all times carry out and provide the Services in compliance with all Applicable Laws. For any change in the Services required by a change in Applicable Laws, Via shall mitigate the adverse effects of such change including minimization of increase in costs of the Services arising therefrom. Without prejudice to the rest of this Section 11, Via shall use commercially reasonable efforts to minimise any disruption caused by any changes in Applicable Laws introduced pursuant to this Section 11. The Customer acknowledges and agrees that the Services hereunder do not include, and neither party intends that they be construed as including, any legal, financial, tax or compliance advisory services with respect to Transport Incidents or the Transportation Laws. b. Customer’s Obligations. The Customer shall comply with all Applicable Laws. Customer shall monitor and identify changes in Applicable Laws (in any jurisdictions in which it operates the Customer Transportation Service) which would impact the use of the Services by the end- users and: (a) make such modifications to its internal processes and operations as it deems necessary to remain compliant with such change in Applicable Laws; and (b) promptly notify Via thereof so that the Customer Manager and Via Manager may discuss any changes to the Services required for on-going compliance. In addition to the preceding, as between Via and Customer, Customer shall be solely responsible for compliance with all Transportation Laws including as they relate to Transport Incidents and otherwise. c. Export Laws. The parties do not intend to import or export products to one another or any third party under any Agreement. Neither party shall export or re-export the Via Solution to countries subject to U.S. government embargo (as designated by the Office of Foreign Asset Control of the Treasury Department) and persons listed on the prohibited persons list maintained by the Bureau of Industry and Security of the Department of Commerce. d. Anti-Bribery Laws. The Parties shall comply with all applicable anti-bribery Applicable Laws in connection with their respective performance under this Agreement. e. Consents; Permits. Via shall obtain all governmental registrations, licenses, permits, approvals and certifications required by Applicable Laws for the performance of the Services hereunder and shall pay all governmental fees associated therewith. Customer shall obtain all governmental registrations, licenses, permits, approvals and certifications required by Applicable Laws in connection with this Agreement (including each Order), as necessary to operate the Customer Transport Service, and shall pay all governmental fees associated therewith. Customer also shall obtain from its third party vendors, licensors, supply-chain partners, clients, customers, distributors or similar parties, any authorization or consent necessary for Via to access or utilize the goods, services (including software or other proprietary materials), property or facilities of such parties if necessary for Via’s performance of the Services. 12. Assignment. Customer may not assign or transfer these Terms and Conditions, any Use Rights, and/or any Order unless Customer makes a request in writing in advance and Via consents in writing. Via may require Customer and the proposed assignee/transferee to agree to additional terms or pay additional fees. Any change of control of Customer shall be deemed to constitute a prohibited assignment for the purposes hereof. 13. Non-Solicitation. During the Term and for twelve (12) months thereafter, Customer agrees that Customer shall not, and shall not direct, request, or seek to influence any of Customer’s Affiliates to, directly or indirectly solicit, hire, or employ (including in any consulting capacity) any employee, officer, or director of Via or its Affiliates who performs services for Customer (or its Affiliates) or any person who served in any such capacity during the preceding six (6) months; provided that this Section 13 shall not prohibit general solicitation for employees through advertising and other similar means, if not directed at the employees, officers, or directors of Via or its Affiliates, or the hiring or employment of any person who responds to any such general solicitation. 14. Dispute Resolution; Governing Law. The laws of the State of New York will govern this Agreement without regard to the principles of conflicts of laws. Except for either party’s right, in connection with any matter involving any Agreement, to seek equitable or declaratory relief in any court of competent jurisdiction, all disputes not resolved informally by the parties shall be submitted for arbitration before a panel of three (3) arbitrators selected one each by the parties and one by the American Arbitration Association (the “AAA”), at least one of whom shall be an expert in the field of cloud-deployed software solutions. The arbitration shall be conducted in accordance with the provisions contained herein and in accordance with the Commercial Arbitration Rules of the AAA in effect at the time of the arbitration. A written notice of intent to arbitrate shall be provided by one party to the other party within a reasonable time after the dispute has arisen, and in no event shall such notice be provided after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. All arbitration shall be administered by the AAA and shall take place in New York, New York unless otherwise agreed to by the parties. All aspects of the arbitration including the result shall be treated as confidential and shall not be disclosed. The award of the arbitrators shall be binding and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction; provided, however, that the arbitrators shall not have the power to award: (a) punitive damages; or (b) damages in excess of the limitations set forth in Section 10 hereof. 15. Miscellaneous. All notices must be sent by certified mail or overnight courier to the address specified for each party and deemed given three (3) business days after sending. The prevailing party in any dispute is entitled to the recovery of reasonable legal fees and expenses. Failures in performance beyond a party’s reasonable control are excused. Unenforceable provisions will be reformed to permit enforceability with maximum effect to the original intent. Waiver of a breach is not waiver of other or later breaches. Nothing in an Agreement is intended to create an agency, partnership, joint venture, or franchise between the parties and except as may be expressly stated in an Order, neither party has the authority to act in the name or on behalf of or otherwise to bind the other. In performing its obligations under this Agreement, each party is acting as an independent contractor of the other and is solely responsible for the supervision, daily direction, and control of its own employees and for the payment of their salaries and benefits and related compensation. Via may issue a press release or make other public announcements concerning these Agreement and/or Orders and may use Customer’s Marks in its marketing materials and on its website in a manner consistent with Customer’s communications policies (to the extent made available to Via) but in all events reasonably. Customer shall, upon Via’s request, use commercially reasonable efforts to provide comments with respect to the collaboration hereunder that Via can quote in its press release. To the extent required by the licensors of Third Party Content Via provides, such licensors are the express, intended third-party beneficiaries of this Agreement. Except as expressly set forth herein, there are no other third-party beneficiaries of this Agreement. 16. Entire Agreement and Survival. These Terms and Conditions and the Order are the entire Agreement between the parties with respect to the Via Solution and Services under them and supersede all previous or contemporaneous written and verbal agreements or proposals relating to the same subject matter, and cannot be modified except by written agreement referencing the specific provisions modified. Conflicts between these Terms and Conditions and an Order with respect to amounts or timing of payments will be resolved in favor of the Order. All other conflicts will be resolved in favor of these Terms and Conditions, including in the event of a conflict with Customer’s general conditions. If Customer’s procurement processes require use of an internal purchase order neither it nor its terms shall supersede, replace, or amend this Agreement. Sections 4, 7, 9 and 10(b) each shall each survive expiration or termination of this Agreement. Exhibit B Federal Transit Administration (FTA) Clauses Request for Proposal Request for Proposals will be received at this office until Monday, November 15, 2021 @ 3:00 p.m. via ZOOM Meeting ID: 853 1139 4375; Passcode: 571509 for furnishing: RFP Item #21-245 Microtransit/Dynamic-Responsive Software as a Service (SaaS) Transit Technology for Augusta, GA – Augusta Transit Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901 (706-821-2422). A Pre-Proposal Conference will be held on Monday, November 1, 2021 @ 10:00 a.m. via ZOOM. Meeting ID 846 5925 3234; Passcode: 195793 All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, November 2, 2021 @ 5:00 P.M. No RFP will be accepted by fax or email, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of 90 days after RFPs have been opened, pending the execution of contract with the successful bidder(s). Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for proposal including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the RFP which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the envelope. GEORGIA E-Verify and Public Contracts: The Georgia E-Verify law requires contractors and all sub-contractors on Georgia public contract (contracts with a government agency) for the physical performance of services over $2,499 in value to enroll in E-Verify, regardless of the number of employees. They may be exempt from this requirement if they have no employees and do not plan to hire employees for the purpose of completing any part of the public contract. Certain professions are also exempt. All requests for proposals issued by a city must include the contractor affidavit as part of the requirement for their bid to be considered. Proponents are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base their qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle October 7, 14, 21, 28, 2021 Metro Courier October 7, 2021 OFFICIAL VENDORS Attachment "B"E-Verify #Addendum 1 SAVE Form Original 7 Copies Fee Proposal Federal Compliance Goal HBSS CONNECT CORP 1075 WESTFORD ST. Suite 304 LOWELL, MA 01851 Yes 1732647 Yes Yes Yes Yes Yes 5.64% VIA MOBILITY LLC 10 Crosby Street, Floor 2 New York, NY 10013 Yes 9029063 Yes Yes Yes Yes Yes 5.64% RFP Opening RFP Item #21-245 Microtransit/ Dynamic Responsive Software as a Service (SaaS) Transit Technology For Augusta, GA - Transit Department RFP Date: Monday November 15, 2021 @ 3:00 p.m. Total Number Specifications Mailed Out: 24 Total Number Specifications Download (Demandstar): 130 Total Electronic Notifications (Demandstar): 8 Georgia Procurement Registry: 1414 Total packages submitted: 2 Total Noncompliant: 0 Page 1 of 1 HBSS CONNECT CORP 1075 WESTFORD ST. Suite 304 LOWELL, MA 01851 VIA MOBILITY LLC 10 Crosby Street, Floor 2 New York, NY 10013 HBSS CONNECT CORP 1075 WESTFORD ST. Suite 304 LOWELL, MA 01851 VIA MOBILITY LLC 10 Crosby Street, Floor 2 New York, NY 10013 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)15 4.3 5.0 63.75 75 3. Organization & Approach (0-5)20 3.5 5.0 70 100 4.Scope of Services – Software Requirements • Proposed software product satisfies all technical and functional requirements listed in this RFP. • Proposed software product is demonstrably user- friendly for all user roles. (0-5)30 3.3 5.0 97.5 150 5. Financial Stability (0-5)5 5.0 5.0 25 25 6. References (0-5)5 4.3 5.0 21.25 25 20.3 25.0 277.5 375 7. Presentation by Team (0-5)10 3.6 5.0 36 50 8 Q&A Response to Panel Questions (0-5)5 2.8 5.0 13.75 25 Lowest Fees 5 10 5 50 0 Second 5 6 5 0 30 Third 5 4 0 0 Forth 5 2 0 0 Fifth 5 1 0 0 Total Phase 2 - (Total Maximum Ranking 15 - Maximum Weighted Total Possible 125) 11.35 15 99.75 105 31.6 40 377.25 480 Phase 1 Total - (Total Maximum Ranking 25 - Maximum Weighted Total Possible 375) Vendors Phase 1 Evaluation Sheet - RFP Opening RFP Item #21-245 Microtransit/ Dynamic Responsive Software as a Service (SaaS) Transit Technology For Augusta, GA - Transit Department RFP Evaluation Date: Wednesday, December 15, 2021 @ 1:00 p.m. via ZOOM Ranking of 0-5 (Enter a number value between 0 and Scale 0 (Low) to 5 (High) Weighted Scores Procurement DepartmentRepresentative:___Nancy Williams_______________________________________ Procurement Department Completion Date: 1/14/22 Phase 2 (Option - Numbers 7-8) (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Internal Use Only Total Cumulative Score (Maximum point is 500) Evaluator: Cumulative Date: Phase II 1/14/22 Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to 9. Cost/Fee Proposal Consideration (only choose 1 line according to dollar value of the proposal in relation to all fee proposals - enter the point value for the one line only) Cost/Fee Proposal Consideration 1 FYI: Process Regarding Request for Proposals Sec. 1-10-51. Request for proposals. Request for proposals shall be handled in the same manner as the bid process as described above for solicitation and awarding of contracts for goods or services with the following exceptions: (a) Only the names of the vendors making offers shall be disclosed at the proposal opening. (b) Content of the proposals submitted by competing persons shall not be disclosed during the process of the negotiations. (c) Proposals shall be open for public inspection only after the award is made. (d) Proprietary or confidential information, marked as such in each proposal, shall not be disclosed without the written consent of the offeror. (e) Discussions may be conducted with responsible persons submitting a proposal determined to have a reasonable chance of being selected for the award. These discussions may be held for the purpose of clarification to assure a full understanding of the solicitation requirement and responsiveness thereto. (f) Revisions may be permitted after submissions and prior to award for the purpose of obtaining the best and final offers. (g) In conducting discussions with the persons submitting the proposals, there shall be no disclosure of any information derived from the other persons submitting proposals. Sec. 1-10-52. Sealed proposals. (a) Conditions for use. In accordance with O.C.G.A. § 36-91-21(c)(1)(C), the competitive sealed proposals method may be utilized when it is determined in writing to be the most advantageous to Augusta, Georgia, taking into consideration the evaluation factors set forth in the request for proposals. The evaluation factors in the request for proposals shall be the basis on which the award decision is made when the sealed proposal method is used. Augusta, Georgia is not restricted from using alternative procurement methods for 2 obtaining the best value on any procurement, such as Construction Management at Risk, Design/Build, etc. (b) Request for proposals. Competitive sealed proposals shall be solicited through a request for proposals (RFP). (c) Public notice. Adequate public notice of the request for proposals shall be given in the same manner as provided in section 1-10- 50(c)(Public Notice and Bidder's List); provided the normal period of time between notice and receipt of proposals minimally shall be fifteen (15) calendar days. (d) Pre-proposal conference. A pre-proposal conference may be scheduled at least five (5) days prior to the date set for receipt of proposals, and notice shall be handled in a manner similar to section 1-10-50(c)-Public Notice and Bidder's List. No information provided at such pre-proposal conference shall be binding upon Augusta, Georgia unless provided in writing to all offerors. (e) Receipt of proposals. Proposals will be received at the time and place designated in the request for proposals, complete with bidder qualification and technical information. No late proposals shall be accepted. Price information shall be separated from the proposal in a sealed envelope and opened only after the proposals have been reviewed and ranked. The names of the offerors will be identified at the proposal acceptance; however, no proposal will be handled so as to permit disclosure of the detailed contents of the response until after award of contract. A record of all responses shall be prepared and maintained for the files and audit purposes. (f) Public inspection. The responses will be open for public inspection only after contract award. Proprietary or confidential information marked as such in each proposal will not be disclosed without written consent of the offeror. (g) Evaluation and selection. The request for proposals shall state the relative importance of price and other evaluation factors that will be used in the context of proposal evaluation and contract award. (Pricing proposals will not be opened until the proposals have been reviewed and ranked). Such evaluation factors may include, but not be limited to: (1) The ability, capacity, and skill of the offeror to perform the contract or 3 provide the services required; (2) The capability of the offeror to perform the contract or provide the service promptly or within the time specified, without delay or interference; (3) The character, integrity, reputation, judgment, experience, and efficiency of the offeror; (4) The quality of performance on previous contracts; (5) The previous and existing compliance by the offeror with laws and ordinances relating to the contract or services; (6) The sufficiency of the financial resources of the offeror relating to his ability to perform the contract; (7) The quality, availability, and adaptability of the supplies or services to the particular use required; and (8) Price. (h) Selection committee. A selection committee, minimally consisting of representatives of the procurement office, the using agency, and the Administrator's office or his designee shall convene for the purpose of evaluating the proposals. (i) Preliminary negotiations. Discussions with the offerors and technical revisions to the proposals may occur. Discussions may be conducted with the responsible offerors who submit proposals for the purpose of clarification and to assure full understanding of, and conformance to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussions and revision of proposals and such revisions may be permitted after submission and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of information derived from proposals submitted by competing offerors. (j) From the date proposals are received by the Procurement Director through the date of contract award, no offeror shall make any substitutions, deletions, 4 additions or other changes in the configuration or structure of the offeror’s teams or members of the offeror’s team. (k) Final negotiations and letting the contract. The Committee shall rank the technical proposals, open and consider the pricing proposals submitted by each offeror. Award shall be made or recommended for award through the Augusta, Georgia Administrator, to the most responsible and responsive offeror whose proposal is determined to be the most advantageous to Augusta, Georgia, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain a written report of the basis on which the award is made/recommended. The contract shall be awarded or let in accordance with the procedures set forth in this Section and the other applicable sections of this chapter. Commission Meeting Agenda 11/1/2022 2:00 PM Microtransit/Dynamic-Responsive Software as a Service (SaaS) Transit Technology Department:Augusta Transit Department:Augusta Transit Caption:Motion to approve the purchase of Microtransit/Dynamic-Responsive Software as a Service (SaaS) scheduling system for Augusta Transit (AT). (Approved by Public Services Committee October 25, 2022) Background:Microtransit Software-as-a-Service (SaaS) is a comprehensive technology system that will allow AT to offer an intuitive and user-friendly microtransit service that reduces operational and administrative cost. Riders will be able to book on-demand and prescheduled trips, track real-time vehicle location and receive automated updates. This is a much- needed service for the rural area. AT is currently servicing Hephzibah, Blythe and McBean with the Rural 5311 grant that was designed to maximize the mobility of Augusta-Richmond County citizens. The service areas will decrease as GDOT follows the 2020 Census urbanization plan, specifically in the City of Hephzibah. This will cause a significant percentage (approximately 73%) of riders to lose their much-needed transportation since AT has no other service in that area and we want to prevent this from happening. Microtransit will serve the residents in South Augusta with affordable public transportation options which in turn will prove the viability of technology-based mobility, increase network connections, grow ridership, and complement AT’s fixed route and paratransit services. Riders will be able to go online to schedule trips through the web-based software to help AT to deliver coverage to underserved, disadvantaged and less-dense communities as well as seniors and persons with disabilities in South Augusta while expanding economic opportunity. Analysis:The Transit Department is requesting approval to award the Microtransit contract to VIA Mobility, LLC for a 12-month period with two possible renewals. VIA was chosen through an RFP process with two proposers. provide and maintain a demand responsive software application to allow AT to deliver a microtransit software solution directly to the public using dynamically generated routes. The software will be a fully automated scheduling, dispatching and reservation system for a dynamic demand responsive microtransit service. Financial Impact:This purchase will be funded with local and federal grant funds from the Transit Department’s 2022 Capital Budget. The allocated funding breakdown is: Funding Source Total Split Federal Local FTA Grant GA- 2021-023-00 $38,950 80/20 $31,160 $7,790 Alternatives:1). Approve the awarded grant so that the project can be completed. 2). If you do not approve this grant, AT will lose the money. Recommendation:Approve the request. Funds are Available in the Following Accounts: 54709-1226-54-24320 REVIEWED AND APPROVED BY: Program: Coaching Boys into Men Purpose: To build healthy relationship skills for youth $5,000 per site with 15 total sites across the state What’s needed from sites/recreation agencies: Attend 1 training and complete pre-survey (3 hours) Submit schedule for when you’re going to hold sessions Hold 12 sessions for youth (about 15 min each) Make sure youth complete 1 pre-survey before the sessions start (about 10 minutes) Make sure youth complete 1 post-survey after the sessions end (about 10 minutes) Participate in 3 check-in calls with DPH/GNESA (about 15 minutes each) Host 1 “half-time” or “fan day” activity, which includes spreading messages about what participants have learned (Time commitment varies by activity. Some past activities have included creating and displaying posters, making announcements during games, posting on social media, and sharing a story with local media) What GNESA/DPH will provide: Training Assistance with any questions you have along the way Links for all pre and post surveys $5,000 in funding for sites that submit schedules, surveys, and documentation to show they completed the halftime/fan day activity This is funded through Cooperative Agreement NUF2CE002479 from the Centers for Disease Control and Prevention Frequently Asked Questions: What’s the minimum age for youth to participate? We recommend high-school aged youth. How many youth need to participate to receive funding? We ask that a minimum of 5 youth participate throughout the sessions. Is the program only for sports teams? The program was designed for sports teams and uses language like “coach” and “athlete”. However, if you have a group of youth that have a strong purpose and a clear leader or mentor, the program can be used outside of sports teams. Does it have to be the same group of youth for all 12 sessions? We recommend that you have the same group of youth for all 12 sessions. The sessions build upon each other and reiterate messages from previous sessions along the way. Can female athletes participate? Yes, absolutely. The content of “Coaching Boys into Men” is geared toward males but lessons are applicable to all. If you have a group of females, you might want to consider using the “Athletes as Leaders” program instead of “Coaching Boys into Men”. We can provide training and assistance Please register by March 21 by contacting: Sarah Wilkinson at sarah.wilkinson@dph.ga.gov or 404-406-3210 Training information: March 22 Training, 9am to 12pm Join on your computer or mobile app Click here to join the meeting Or call in (audio only) +1 470-344-9228,,720656555# United States, Atlanta Phone Conference ID: 720 656 555# “Caring for Georgia’s People & Parks” Steve Card, CPRP Executive Director scard@grpa.org Shelly Strickland Office Manager shelly@grpa.org 1285 Parker Road Conyers, GA 30094 www.grpa.org Office: 770.760.1403 Fax: 770.760.1550 On behalf of the Georgia Recreation and Park Association in Partnership with the Department of Public Health Department we would like to congratulate the City of Augusta for completion of the Boys To Men Program. Your dedication to your community and specifically the young men that completed this program are a testament to your departments willingness to serve your community through the Boys To Men program. We hope that the unrestricted $5,000 received from this program will allow you to do great things in your community! Thank you for your service and if you need additional information do not hesitate to let us know. AUGUSTA, GEORGIA New Grant ProposaUApplication Before a DepartmenUagency may apply for the granUaward on behalf of Augusta Richmond County, they must first obtain approval signature from the Administrator and the Finance Director. The Administrator will obtain information on the grant program and requirements from the funding agency and review these for feastbility to determine if this grant/award will benefit Augusta Richmond County. The Finance Director will review the funding requirement to determine if the grant will fit within our budget structure and financial goals. Proposal ProjectNo. Project Title PR000372 RECREATIO Coaching Boys into Men - GRPA Grant- --Ie!ffii on gFartrAGoclIi6fr-rFttr?executifr-of-thEieoTcliiig'E]3-into Mein- ---progmm. Staffhas already executed the program and is eligible for the grant. The awarded funds are not bound to any requirements. No cash match is required. EEO required: No EEO Department notified: No Start Date: 05/0112022 Submit Date: 0811212022 Total Budgeted Amount: 5,000.00 Sponsor: GM0036 SponsorType; PVT Purpose: 13 Name End Date: 1213112022 Department: 061 Total Funding Agency: Georgia Recreation and Parks Asso. Community Contacts Recreation Cash Match? N 5,000.00 Total Cash Match: 0.00 Flow Thru ID: PhoneIDTyPe I 23996 ROST, FRANK 0- Approvals TYPe FA JL M, MCDOWELL Date 08/12t2022 Dept. Slgnature: Grant Coordlnetor l.) I late reviewed the Grant application and enclosed materials and: Vlioafu"granUaward to be feasible to the needs of Augusta Richmond County o Denv the reouest' outu^A -"( ' Finance Director Date 2) I have reviewed the Grant application and enclosed materials and: y' Approve the Department Agency to move forward with the application e lls laoea, Date cS l.rf,.r? This form will also be used to provide the external auditors with information on all grants for compliance and certification requirements as requlred by the State and Federal Government. &rz-z oz? Administrator User:Current D&te: Current Timet 08/12/2022 l0:56:51Report: GMI000_PROPOSAL - GMl000: Grants Management: I Commission Meeting Agenda 11/1/2022 2:00 PM Motion to accept a grant from the Georgia Recreation and Park Association Department:Parks and Recreation Department:Parks and Recreation Caption:Motion to accept a grant from the Georgia Recreation and Park Association for the execution of the "Coaching Boys into Men" program. (Approved by Administrative Services Committee October 25, 2022) Background:Augusta Parks and Recreation was awarded a grant from the Georgia Recreation and Park Association for the execution of the "Coaching Boys into Men" program, a preventative educational program to help youth build healthy relationship skills and avoid domestic violence. The Department has offered the program twice at the Bernie Ward Community Center and is eligible to receive the grant funds twice, for a total of $10,000. Analysis:As condition of the grant, funding is made available after the execution of the programs. Financial Impact:Augusta will receive $5,000. No match required. Those funds are not bound to a specific utilization. The department will use the funds for program supplies and to increase programming. Alternatives:1. To accept the grant funds. 2. To move to no action. Recommendation:1. To accept the grant funds. Funds are Available in the Following Accounts: Organization Key will be setup in Fund 220 once approved. REVIEWED AND APPROVED BY: Review, Revise, Refocus and Restart Planning & Development: Code Division Briefing Augusta Richmond County has approximately 82,000 parcels and 13 Code Enforcement Officers (2-vacant) verifying property maintenance. The main challenges to code compliance are: ➢ Investors and Flippers ➢ Chronic Nuisance ➢ Owner Occupants with Unaffordable Repairs ➢ Renovation Starts & Stops State law provides the foundation for which municipalities pursue property maintenance; however, the local county code of ordinances allows for the county to take a more strategic and comprehensive approach. Planning & Development has identified five (5) sections of the county code of ordinance that we would like commission approval to collaborate with legal on updating. Historically, the discussion regarding the lack of property maintenance has been centered around demolitions, grass cutting, tickets, citations, and court. Unfortunately, the obstacles and solutions to compliance have not been given priority. Because seventy-five (75%) of all code enforcement cases are residential, community engagement and re-education are essential. An equity approach is fundamental to defining and gaining compliance. Code enforcement has not changed much over the last 20-years, yet the residents, leaders, and communities have. The “one-size-fits-all” approach to commercial and residential property maintenance violations does not work. Despite being short staffed, Planning & Development has identified the following actions that can be taken now to improve processes and aid in gaining compliance: ✓ Legacy Review ✓ Mass Re-inspections ✓ Community Engagement Series ✓ Breakout Teams ✓ Collectives ✓ Tool Sharing Program Review of Challenges Revise the County Code of Ordinances Refocus on Gaining Compliance Restart with Internal Initiatives Code Compliance Briefing Planning & Development REVIEW REVISE REFOCUS RESTART Code Compliance Parameters 200,000 RESIDENTS 197,120 ACRES 82,000 PARCELS 95% PARCELS IN COMPLIANCE Obtaining Code Compliance 13 Staff Members (4 Vacancies) 3,900 New Cases Annually 2,700 Parcels Brought Into Compliance Annually Property Maintenance Caseload As of September 26, 2022 Residential Commercial 3,485 Cases 356* Cases Review and Revise Ordinances Sample Articles Challenges with Current Language Title 7: Building & Construction 7-1-89 Conditions of permit Allows 6-months to begin work. 7-1-97 Same. Required Inspections Delayed rough and final inspections. 7-1-146.3 Method of Service Certified mail is required. Post office 30+ days behind. Title 7 Building & Construction 7-1- 150.1 Application 20-days given to request an appeal. O.C.G.A 48-4-45 Notice of foreclosure of Right to Redeem Transfer of property delays exterior maintenance. Refocus: Gaining Code Compliance CHALLENGES ❑Personnel –Four Vacant Positions ❑Rental/Investment Properties ❑Out of Town Owners ❑Building Permit Status ❑Hotels/Motels ❑Apartments ❑# Structures Awaiting Demo Restart: Emphasis on Community & Compliance Introspective Review One-size Fits All Approach Physical Appearance is Off-putting Community Awareness No Resources Criminalization Feeling Proposed Change Focus on Residential Create Teams Establish a Uniform Situational Ballistic Vest Door-knocker Initial Visits Community Engagement Identify Programs-Resources “Supply to Comply” Switch “Enforcement” to “Compliance” Code Compliance Division RESTARTING REQUIRES AN EMPHASIS ON THE END GOAL Commission Meeting Agenda 11/1/2022 2:00 PM Planning & Development: Code Enforcement Briefing Department:Planning & Development Department:Planning & Development Caption:Motion to allow Planning & Development to work with Legal and the Administrator to review all ordinances pertinent to Code Enforcement and nuisance and bring recommendations back to the Commission; to have a workshop with the Commission to discuss the ordinance and any possible changes and to ascertain the Commission's priorities; to work with Human Resources regarding the renaming of the division to Code Compliance with a community engagement series to be held in 2023; and to request financial support in the amount of $50,000 for the year 2023 for the pilot program to assist residential property owners. (Approved by Public Services Department October 25, 2022) Background:Property maintenance violations have an adverse effect on the community. By addressing the root cause and tweaking internal policies and procedures, we should be able to increase compliance. Analysis:Increasing compliance translates into visible/tangible improvements in our neighborhoods and city. Financial Impact:FY2023 budget proposal has been submitted for funding to allow for a pilot program that would aid owner-occupants with income issues to access the necessary tools to bring their homes into compliance. Alternatives: Recommendation:Motion to approve Planning & Development collaborating with the legal department on county code of ordinance amendments addressing property maintenance and blight. Funds are Available in the Following Accounts: If approved, a pilot program for owner-occupants to access tools totaling $50,000 in year 2023. Submit request Form B-1 for org key: 101072910 in the budget package. 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 11/1/2022 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 an Ordinance amendment to adopt Georgia State minimum Standard Codes for Tiny Houses; amending Ordinance No. 7840. (Approved by Administrative Services Committee October 25, 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. The Augusta Commission in its meeting held October 18, 2022 approved the request for amendment. 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 & DEVELOPMENT DEPARTMENT STAFF REPORT Case Number: A.N.22-76 Application Type: Retail Package Beer & Wine Business Name: ALDI, lnc. Hearing Date: October 25,2022 Report Prepared By: Julietta H. Walton, Business License & Customer Service Manager Applicant: Shoun M. O'Keefe Property Owner: ALDI, lnc Georgia c/o Director of Real Estate Address of Property: 3L2t Peach Orchard RD Tax Parcel #: 110-3-050-02-0 Commission Dastrict: District: 5 Super District: 9 Background: New Location ANALYSIS: Location restrictions: zoning and proximity to churches, libraries, schools, and public recreation areas. o Zoning: B- 1 (Neighborhood Business)Zone . Distance Requirements: The proposed location for retail package Beer & Wine meets the minimum distance location to churches, schools, libraries, and public recreation areas. ADDlTIONAL 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 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 characterof neighborhood, and the effect such an establishment would have on the adjacent surroundingproperty values. o The proposed rocation is a New Location (Grocery store).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. If 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.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. FINANCIAL IMPACT: The applicant will pay a pro-rated fee of 5665.00. RECOMMENDAT!ON: 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 1815 Marvin Griffin Road Augusta, GA 30906 ALCOHOL BEYERAGE APPLICATION Alcohol Number Year Alcohol Account Number Name of Business Business Address ALDI lnc. (Georqia) d/b/a ALDI #115 City Augusta StAtE GA Home Phone (--)Business Phone (-) ItsD Applicant Name and Address:Shaun M. O'Keefe 2359 Weepinq Oak Drive 6. 7. Applicant Social Security #D.O.B. If Application is a transfer, list previous Applicant: N/A 2022 l. ) J. 4. 5. Zip 8. 9. 10. Location Manager(s)Travis Mcoammon Is Applicant an American Citizen or Alien lawfully admitted for permanent residency? 6)Yes ( )No OWNERSHIP INFOR]VIATION Corporation (if applicable) : Date Chartersd; 0s/06/2000 Mailing Address: Name of Business ALDI lnc. (Georgia) ll. t2. 13. t4. Attention Address Shayna Berry 1597 Dry Pond Road Citylslate/Zip Jefferson, GA 3o54g OwnershipType: ( )Corporation ( ) Partnership ( )Individual Corporate Name: ALDI lnc. (Georgia) Lisiname and other riquired information for each person having interest in this business. 15.What type of business will you operate in this location? ( ) Restaurant ( ) Lounge ( ) Convenience Store ( ) Package Store (x ) Other: Grocery store Total License Fee: $ Prorated License Fee: I,625.00 (After July I ONLY) $1,625.00 businesses 16.Have you ever applied for an Alcohol Beverage License before: Yes' tf so, give year of application and its disposition: Please see attached Exhibit "B' for a list of related Name Positiou ssNo #Address Interest Please see attached Ex License Information Liquor Beer Wne Dance lg1glgr Sales Retail Package Dealer x x Consumotion on Premises Wholesale 17.Richmond County laws regarding;fe,sale of alcoholic beverages? E ) Yls ( ) No If so, please initial' JPL 18.Attach a passport-size photograph (front view) taken within two years. 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 Counfy or the State Revenue Commission relating to the sale and distribution of distilled spirits? ( ) Yes (x ) No If yes, give full details: N/A Hare 1., euer 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 tralfic violations, with the exception of any offenses pertaining to alcohol or drugs.) All other charges must be included, even if they are dismissed. ft)Yes ( )No Ifyes, give reason charged or held, date and place where charged and its disposition. 20M - Sauk County, Wl - Misdemeanor - Thefi - 20 days jail wilh probation 20(N - Sauk County, Wl - Misdemeanor - Possession of drug pa List owner or owners of building and properly. ALDI lnc. (Georgia) @rmation for each person, firm or corporation having any interest in the business. ALDI lnc., sole shareholder 20. 2t. 22. 23. 24. @isurveyor,splatandstatethestraightlinedistancefromthe property line of school, church, library, or public recreation area to the wall of the qZOZ '92 requJece0 saJrdx I uorss!ururoS Afl Atunoc uoslc3r er6JoeO 'illqnd AJe AUU]8 VNAVH building where alcohol beverages are sold. A.) Church 'l'700feet C.) School 3'350 feel B.) LibrarY 6'150feet D.) Public Recreation 3,700 feet State of Georgia, Augusta-Richmond County, I, shaun M. o'Keefe Do solemnly swear, subject to the ies- of false swearing, that the statements and answers made by me as the applicant in thy'forgoing beverage application are true. Applicant 25.I hereby certi$ that shaun M' o'Keefe that he/she signed his/her name to the is personally known to be, application stating to me that he./she knew and undlrstood all statements and answers made herein, and, under oath actually that sai and answers are true. intheyeu ,ZO JnZ- FOR OFFICE USE ONLY r:,i$ff.t administered by me, has This .2J day of-.1 The Board of Commissioners on the - day of (Approved, Disapproved) the forgoing application. Administrator Date in the year - Commission Meeting Agenda 11/1/2022 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption: New Location: A.N. 22-76: A request by Shaun M. O'Keefe for a retail package Beer & Wine License to be used in connection with ALDI, Inc located at 3121 Peach Orchard Rd. District 5. Super District 9. (Requested by Commissioner Ben Hasan) Background:This is a New Location. Analysis:The applicant meets the requirements of the City of Augusta's Acohol 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: Purpose: Sec. 1-10-58. Annual contracts. Local Vendors 2022 Amounts Budget Comments 23-034 NO $15,927.79 $40,000.00 23-058 NO *$.00 $15,000.00 *Department had product on hand and has not needed to make any purchases to date for 2022. 23-103 No $7,007.64 $10,000.00 23-036 YES $1,630.00 $5,000.00 23-011 NO $1,547,373.00 $1,500,000.00 $1,571,938.43 $1,570,000.00 Chemicals 1. Aqua Smart, Inc. 2. Unifilt Corp 3.Burnett Lime Company 4.Chemtrade 5.Univar Solutions, USA 6.Allied Universal Corp. 7.SNF Polydyne Inc PROCUREMENT SOURCE SELECTION METHODS AND CONTRACT AWARDS Total Sec. 1-10-58. Annual Contracts. Sec. 1-10-48. Generally. The following sections provide detailed information concerning the use of the seven (7) source selection methods available for use for the procurement of commodities, services and construction products for Augusta, Georgia. The seven methods are:(1) sealed bids, (2) sealed proposals, (3) special services, (4) quotations or informal bids, (5) sole source, (6) emergency procurement and (7) annual contracts. A significant portion of the Augusta, Georgia Annual Budget is committed each year to various purchase contracts such as raw materials, equipment, equipment parts or components, general supplies, and professional and non-professional services. Therefore, it is essential that maximum value be obtained for each public tax dollar spent. A proven technique for obtaining this goal is through the annual bid contract process, Upon approval of an annual contract by the Board of Commissioners (or the Administrator for annual bids of up to $25,000), any using agency may order supplies or services under such annual contract as needed up to the maximum amount approved in the annual bid. Purchases on the following annual bid items will exceed $25,000.00 per order: Upon approval of an annual contract by the Board of Commissioners (or the Administrator for annual bids of up to $25,000), any using Purchases on the following annual bid items will exceed $25,000.00 per order: Description Recommended Vendors Environmental Services Inspection of Shop Equipment Overhead Crane Compliance Delta Landscape Utilities Department Gates, Hoses & Fittings O'Reilly Auto Parts Sheriff's Office Batteries ET Industrial Erosion & Sedimentation Control Items Commission Meeting Agenda 11/1/2022 2:00 PM Annual Bid Approval 23-034, 23-058, 23-103, 23-036 and 23-011 Department:Procurement Department:Procurement Caption:Motion to approve the following annual bid items due to annual purchases for this bid is estimated to exceed $25,000.00. Annual Bid Item 23-034 Inspection of Shop Equipment. 23-058 Erosion & Sedimentation Control. 23-103 Gates, Hoses & Fittings for Engineering and Environmental Services. 23-036 Batteries for Sheriff's Office. 23-011 Chemicals - Utilities Department. The recommendation of award is for one (1) year with the option to extend for one (1) additional year upon mutual consent of both parties. (Approved by Administrative Services Committee October 25, 2022) Background:The item(s) were bided through the sealed bid process as required in the Augusta Procurement Code. The User Departments have reviewed the submittals and has presented a recommendation of award to the Procurement Department. Analysis:Bid 23-034 Overhead Crane Compliance submitted the lowest most responsive bid. The request is to award bid item 23-034 to Overhead Crane Compliance. Bid 23-058 - Delta Landscape submitted the lowest most responsive bide. The request is to award Bid Item 23-058 to Delta Landscape. Bid 23-103 - O'Reilly Auto Parts submitted the lowest most responsive bide. The request is to award Bid Item 23-103 to O'Reilly Auto Parts. Bid 23-036 - ET Industrial submitted the lowest most responsive bide. The request is to award Bid Item 23-036 to ET Industrial. Bid 23-011 -. 1. Aqua Smart, Inc. - Liquid Orthophosphate 2. Unifilt Corp - Anthracite 3. Burnett Lime Company - Liquid Lime 4. Chemtrade - Liquid Alum 5. Univar Solutions, USA - Potassium Permanganate 6. Allied Universal Corp. - Sodium Hypochlorite 7. Univar Solutions, USA - Solar Salt 8. SNF Polydyne Inc. - Cationic Polymer 9. Univar Solutions, USA - Hydrofluorosilicic Acid Vendors submitted the lowest most responsive bid for the chemicals listed in the bid. The request is to award Bid Item 23-011 to the respective vendor. Recommendation of award for all items is for 1 year award with the option to extend for 1 additional year upon mutual consent of both parties. Financial Impact: The individual departments are responsible for the purchases of the items listed on the individual bids. Purchases will be made on an as needed basis. Alternatives:Not to award and make purchases per the Augusta Procurement Code. Recommendation:The Procurement Department recommendation is to Approve as submitted by the User Department and award the Annual Bid(s). Funds are Available in the Following Accounts: The user department will be responsible for funding their individual annual bid items. REVIEWED AND APPROVED BY: Position Title Pay Grade Budgeted Base Salary for Pay Grade FICA Medicare HOSP & Dental Life GMEBS LTD Total Vacant From Vacant To Total Time/hrs Rate/hr (inc. benefits)Total Savings Accounting Technician 10 29,800 1,850 430 9,560 560 2,780 90 45,070 1/1/2022 9/3/2022 1,275 23.00$ 29,325.00$ Housing Inspector I 16 37,570 2,330 540 8,640 560 2,960 90 52,690 4/16/22 9/3/2022 712.0 27.00$ 19,224.00$ Housing Program Coordinator 18 40,160 2,490 580 4,620 370 2,800 90 51,110 4/2/2022 8/20/2022 750 26.20$ 19,650.00$ Community Development Coor II 11 31,090 1,930 450 4,500 370 2,840 90 41,270 7/9/22 10/28/2022 600 21.20$ 12,720.00$ Community Development Coordinator 22 31,090 1,930 450 9,560 560 2,590 100 46,280 7/9/2022 10/28/2022 600 23.70$ 14,220.00$ HCD Program Coordinator 10 29,800 1,850 430 9,560 560 3,230 100 45,530 7/9/2022 8/20/2022 225 23.30$ 5,242.50$ TOTAL SAVINGS FOR FY 2022 100,381.50$ HCD FUND 51 SAVINGS FOR FY2022 Commission Meeting Agenda 11/1/2022 2:00 PM HCD_ Budget Transfer Approval Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to transfer budget funds of $50,000 from object code 5111110 to object code 5239112 temporary workforce expenditures. (Approved by Administrative Services Committee October 25, 2022) Background:For FY2022, HCD has a total of twenty-five (25) budgeted positions. HCD experienced delays in permanent onboarding due to a) departmental demands; b) staff transition and; c) the addition of new programs and funding sources. Presently, to maintain productivity and departmental demands, temporary staff workers assumed the duties of vacant positions that were budgeted for FY2022. Permanent staff are paid from the salaries and wages line item; however, having used temporary workers, these funds are being paid from HCD’s operational line item 221073110 | 523911 Temporary Workers. This has negatively impacted HCD’s operational budget due to the utilization of operating funds to pay budgeted salary related activities. Analysis:The approval of this request will enable HCD to replenish its 2022 budget operating account, by an estimated amount of $50,000 to further the financial support to temporary staffing for HCD. Financial Impact:HCD expensed FY2022 wages for temporary workers' from the "Temporary Workers" line item on the General Ledger. Due to delays in onboarding of permanent staff, these temporary workers’ wages have, to date, been expensed from HCD General Funds budget. Currently, temporary workers is over budget $37,903.35 with approximately $12,096.65 in anticipated expenditures for the incurred cost of temporary workers for the remainder of FY2022. As these funds are currently allocated to HCD’s Salaries and Wages line item, HCD is requesting that these funds be reallocated to the Temporary Workers budget line item on the General Ledger. To ensure correct reporting and proper budget management, HCD expenses must reflect the anticipated actual use of the $50,000 above for continued operations. This request represents a zero net- sum adjustment to HCD overall Operational Budget. Alternatives:Do not approve HCD’s motion to approve the transfer of funds Recommendation:Motion to approve Housing and Community Development (HCD) Department’s request to transfer budget funds of $50,000 from account 5111110 to account 5239112 to support temporary workforce expenditures. Funds are Available in the Following Accounts: HCD General Funds – Total amount requested $50,000 (HCD General Fund 221073110- 5111110 to HCD General Fund 221073110- 5239112) REVIEWED AND APPROVED BY: AUGUSTA GEORGIA LAND BANKAUTHORITY AND AUGUSTA, GEORGIA MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into this ___________ day of ___________ 2022 (the "Effective Date") between Augusta Land Bank Authority("AGLBA"), a non-profit corporation organized under the laws of the State of Georgia located at 1450 Greene Street, Suite #80, Augusta, Georgia, and Augusta, Georgia ("Augusta"), a political subdivision of the State of Georgia, known collectively as the "Parties," for the distribution of $1,000,000.00 of American Rescue Plan ("ARP") funds. WHEREAS, on xxxx, 2022, the Augusta-Richmond County Commission approved that $1,000,000.00 of American Rescue Plan funds be distributed to the AGLBA for the purpose of returning nontax generating properties to a productive use in Augusta, Georgia; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES DESCRIBED IN THIS MOU, THE ADEQUACY AND SUFFICIENTCY OF WHICH EACH PARTY ACKNOWLEDGES, EACH OF THE PARTIES AGREE AS FOLLOWS: 1. Scope. Augusta will provide ARP funds to the AGLBA for the purpose of returning nontax generating properties to a productive use in disproportionality impacted communities. 2. Responsibilities of Augusta. a. Augusta shall provide $1,000,000.00 of ARP funds to the AGLBA, in a manner and at a time of Augusta's discretion based upon the below schedule. Payment 1: $500,000 FY2022 Payment 2: $500,000 FY2023 3. Responsibilities of the AGLBA. The AGLBA will utilize the allocated ARP Funds to: a. execute barment of right to redeem of selected properties acquired by Non-judicial sale; b. Renovate properties for the purpose of resale to eligible homeowners; c. Clearance and maintenance of lots for purpose of improvement of active development nodes in neighborhoods; d. Demolition of select properties beyond rehab standards to remove nuisance properties from streetscape; e. Administrative costs associated with program management and project oversight i. The expenditure of ARP funds shall at all times comply with federal and state law, rules, or regulations. The AGLBA is solely responsible for ensuring that all expenditures of ARP funds are as directed by law. The AGLBA shall request to Augusta if any training or guidance is required as to those rules or regulations indicated in this subsection. ii. Augusta, in its sole discretion, may withhold approval of certain expenditures of ARP funds if such an expenditure is ot within those guidelines as described in this MOU. Augusta has the right to retroactively determine that an expenditure of ARP funds was not within the above guidelines. In such a case, the AGLBA shall set aside the equivalent value of non-ARP funds, and make such accounting in its monthly report. f. Account for all ARP Funds on the first of every calendar month. The manner of the accounting, the form of the report, to whom such a report is transmitted, and other such details as to account for all appropriated money under this MOU shall be at the sole discretion of Augusta. g. Provide a monthly report as to the AGLBA's activities. The form of the report, to whom such a report is transmitted, and other such details of the report shall be at the sole discretion of Augusta. 4. Term and Termination. a. The term of this MOU commences on the Effective Date hereof and terminates absolutely and without further obligation on the part of Augusta, Georgia each and every December 31st, unless terminated earlier in accordance with the termination provisions of the MOU. The term of this MOU automatically renews on each January 1st, unless terminated in accordance with the termination provisions of the MOU. The term of this MOU shall terminate absolutely, with no further renewals, on December 31, 2025, unless extended by written amendment. b. This MOU may be terminated by Augusta, Georgia upon not less than seven (7) days' written notice. c. Regardless of any termination provision in this MOU, the responsibilities of the AGLBA to account for ARP funds and make monthly reports shall survive the termination of this MOU, until the complete and full expenditure of the entirety of the funds appropriated under this MOU. d. Default. Failure of the AGLBA, which has not been remedied or waived, to perform or other comply with a material condition of the MOU shall constitute default. Augusta may terminate this MOU in part or in whole upon written notice to AGLBA pursuant to this term. e. Lack of appropriations. If Augusta should not appropriate or otherwise receive funds sufficient to maintain this services set forth in this MOU, Augusta may unilaterally terminate this MOU effective on the final day of the fiscal year through which funding is available. In the event of termination due to a lack of appropriations, Augusta shall pay for all undisputed fees and expenses related to the services Augusta has received, or Augusta has incurred or delivered, prior to the effective date of termination. 5. Notices. a. Notices shall be in writing and dated to the postmarks of the notices, to the addresses as specified on the signature page. 6. Indemnification a. Nothing in this MOU shall constitute a waiver of Augusta's sovereign immunity, by contract or otherwise. b. Except as otherwise provided in this MOU, the AGLBA shall indemnify and hold harmless Augusta, its officers, employees from and against all liabilities, damages, losses, and expenses, including attorneys' fees (if recoverable under applicable law). 7. General Terms a. The law of the State of Georgia shall govern the MOU between Augusta and AGLBA with regard to its interpretation and performance, and any other claims related to this MOU. All claims, disputes, and other matters in question between Augusta and AGLBA arising out of relating to the MOU, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. AGLBA, by executing this MOU, 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. b. Georgia Open Records Act. The AGLBA warrants that it has reviewed O.C.G.A. § 50-18-71 et seq. and acknowledged that Augusta is an "agency" pursuant to O.C.G.A. § 50-18-70(b}(1 ). AGLBA acknowledges and understands that any work generated under this MOU may be contained in a "public record" as defined by O.C.G.A. § 50-18-70(b)(2). AGLBA releases and holds harmless Augusta and its officers, employees, and agents from and against all liabilities, claims, suits, demands, damages, losses and expenses, including attorneys' fees, arising out of or resulting from the disclosure of information in this article due to the failure of AGLBA to provide an affidavit as described in O.C.G.A. § 50- 18-72(a)(34). c. Neither Augusta nor the AGLBA shall assign, sublet or transfer their interest in this MOU without the written consent of the other. d. Nothing contained in this MOU shall create a contractual relationship with, or a cause of action in favor of, a third party against either Augusta or the AGLBA. e. Georgia Prompt Pay Act. The terms of this MOU superseded any and all provisions of the Georgia Prompt Pay Act. f. The AGLBA acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, AGLBA is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of AGLBA'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 AGLBA may be precluded from recovering payment for such unauthorized goods or services. Accordingly, AGLBA agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the AGLBA 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 AGLBA. AGLBA 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. g. Augusta, Georgia may unilaterally, upon written notice, demand that a temporary and immediate stopping of the work under this MOU be done. h. Force Majeure. "Force Majeure Event" means any act or event that (a) prevents a party (the "Nonperforming Party") from performing its obligations or satisfying a condition to the other party's (the "Performing Party") obligations under this MOU, (b) is beyond the reasonable control of and not the fault of the Nonperforming Party, and (c) the Nonperforming Party has not, through commercially reasonable efforts, been able to avoid or overcome. If a Force Majeure Event occurs, the Nonperforming Party is excused from the performance thereby prevented and from satisfying any conditions precedent to the other party's performance that cannot be satisfied, in each case to the extent limited or prevented by the Force Majeure Event. When the Nonperforming Party is able to resume its performance or satisfy the conditions precedent to the other party's obligations, the Nonperforming Party shall immediately resume performance under this MOU. The relief offered by this paragraph is the exclusive remedy available to the Performing Party with respect to a Force Majeure Event. A Force Majeure Event includes, but is not limited to: epidemics, pandemics, declared national, state, local states of emergency, hurricanes, tornadoes, floods, severe and unexpected acts of nature, or the availability of funds in the budget of Augusta. i. Prohibition on Contingent Fees. AGLBA warrants that no person or selling agency has been employed or retained to solicit or secure this MOU upon an MOU or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by AGLBA for the purpose of securing business and that AGLBA has not received any non- Augusta fee related to this MOU without the prior written consent of Augusta. For breach or violation of this warranty, Augusta shall have the right to annul this MOU without liability or at its discretion to deduct from the MOU Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. j. All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99- 603, in accordance with the applicability provisions and deadlines established in O.C.G.A § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each subcontractor's E-Verify number as evidence of verification of compliance with O.C.G.A § 13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services. k. Right to Inspect. Augusta, Georgia, may at reasonable times, inspect the place of business, or work site of AGLBA or any subcontractor of AGLBA or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. I. Entire MOU. This MOU constitutes the final MOU between the parties. It is the complete and exclusive expression of the parties' MOU on the matters contained in this MOU. All prior and contemporaneous negotiations and MOUs between the parties on the matters contained in this MOU are expressly merged into and superseded by this MOU. The provisions of this MOU cannot be explained, supplemented or qualified through evidence of trade usage or a prior course of dealings. In entering into this MOU, neither party has relied upon any statement, representation, warranty or MOU of any other party except for those expressly contained in this MOU. There are no conditions precedent to the effectiveness of this MOU, other than any that are expressly stated in this MOU. This MOU may be amended only by written instrument signed both by Augusta and AGLBA. m. Severability. If any term or provision of this MOU is held invalid or unenforceable, the remainder of this MOU will be considered valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, the Parties state and affirm that they are duly authorized to bind the respected entities designated below as of the day and year indicated. IN WITNESS WHEREOF, a duly authorized representative of each party has executed this MOU as of the date(s) set forth below. Augusta Georgia Land Bank Authority Augusta, Georgia ____________________________ ___________________________ Shawn Edwards, Executive Director Mayor Hardie Davis, Jr. ____________________________ ___________________________ Date Date Attest: _______________________ Lena Bonner, Clerk of Commission Address for Notices Address for Notices Augusta Georgia Land Bank Authority Augusta, Georgia 535 Telfair Street, Suite 200 Augusta, Ga 30901 Attn: Mayor Hardie Davis, Jr With copies to: Augusta Law Department 535 Telfair Street, Bldg 300 Augusta, Ga 30901 Office of the Administrator 535 Telfair Street, Suite 910 Augusta, Ga 30901 Commission Meeting Agenda 11/1/2022 2:00 PM Land Bank MOU Department:Administrator's Office Department:Administrator's Office Caption:Motion to approve the execution of the attached MOU in the amount of $1M to the Augusta Georgia Land Bank.(Approved by Administrative Services Committee October 25, 2022) Background:The Augusta Commission approved $500K for FY 2022 and $500k for FY 2023 to the Land Bank for blighted property demolition, lot maintenance and land acquisition to assist with development activities. Analysis:Quality of life was deemed a Commission priority for both FY2022 and FY2023. Funding programs that address blighted areas was expressed and approval was received through ARP to accomplish this task. Financial Impact:$1M American Rescue Plan Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/1/2022 2:00 PM EMS Service. Department:Augusta Commission Department:Augusta Commission Caption:Discuss the EMS service. (Requested by Commissioner Ben Hasan) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/1/2022 2:00 PM 5th Street decommission bridge Department:Augusta Commission Department:Augusta Commission Caption:Motion to approve the naming of the 5th Street decommissioned bridge Freedom Bridge and removing the name of Jefferson Davis on the bridge (Approved by the Engineering Services Committee October 26, 2022) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/1/2022 2:00 PM Approval of Emergency Purchase Order P437139 For Augusta Utilities Department:Augusta Utilities Department:Augusta Utilities Caption:Motion to approve of Emergency Purchase Order P437139 For Augusta Utilities for $37,000.(Approved by Engineering Services Committee October 25, 2022) Background:The AUD warehouse is requisitioning 3” Octave ultrasonic meters manufactured by MasterMeter. This brand and model are the one of choice by Augusta Utilities in our ultrasonic meter line. MasterMeter ultrasonic meters are only sold in Georgia by vendor Consolidated Pipe & Supply. The warehouse is currently out of stock and we will be unable to install or replace any 3" meters at this time. There is also an extended wait time on existing meter orders. Analysis:The warehouse is currently out of stock and we will be unable to install or replace any 3" meters at this time. There is also an extended wait time on existing meter orders. Financial Impact:Purchase Order approved under Emergency consideration 7/17/22 (P437139) for $37,000 Alternatives:None Recommendation:Approve emergency purchase order P437139 to Consolidated Pipe & Supply for $37,000 for a 3" meter order. Funds are Available in the Following Accounts: 506043410-5315111 REVIEWED AND APPROVED BY: Low Income Household Water Assistance Program (LIHWAP) DHS-DFCS and Home Water Supplier AGREEMENT BETWEEN THE GEORGIA DEPARTMENT OF HUMAN SERVICES, DIVISION OF FAMILY AND CHILDREN SERVICES AND _____________________________________________________ [Name of Home Water Supplier] FOR THE LOW-INCOME HOUSEHOLD WATER ASSISTANCE PROGRAM (LIHWAP) This Agreement (“Agreement”) is made and entered into by and between the Georgia Department of Human Services, Division of Family and Children Services (“DHS-DFCS”) and __________________________________________ (“Home Water Supplier”), each individually a “Party” and collectively referred to as the “Parties” and shall be effective upon the date of last signature by the authorized representatives of the Parties ("Effective Date"). WHEREAS, DHS is the State agency that administers and sets parameters for a statewide system of programs and services that provide public assistance to the disadvantaged, disabled and elderly residents of the State of Georgia (the “State”) through a network of other agencies and organizations, pursuant to O.C.G.A. § 49-2-1 et seq.; WHEREAS, Home Water Supplier refers to any private or public entity in the business of supplying water for human consumption and/or wastewater related services to customers through public water systems, such as pipelines. WHEREAS, DHS and Home Water Supplier are empowered to enter into this Agreement pursuant to 1983 Ga. Const. Art. IX, Sec. III, Para. I, as an intergovernmental agreement. WHEREAS, DHS and Home Water Supplier enter this Agreement for the provision of federal funds to cover and/or reduce arrearages, rates and fees associated with reconnection or preventions of disconnection of service, and rate reduction to assist low-income households with water and wastewater reconnection and ongoing services for households eligible for the Low-Income Household Water Assistance Program (“LIHWAP”). The term “arrearage” includes any past due balance on an account. Low Income Household Water Assistance Program (LIHWAP) DHS-DFCS and Home Water Supplier WHEREAS, DHS operates LIHWAP in accordance with Term Eleven in the Supplemental Terms and Conditions, incorporated in this Agreement as Attachment A, as set forth by the United States Department of Health and Human Services’ Administration for Children and Families, Office of Community Services. Federal funds awarded under this grant shall be used as part of an overall emergency effort to prevent, prepare for, and respond to the COVID-19 pandemic with the public health focus of ensuring that eligible low-income households have access to drinking water and wastewater services. WHEREAS, DHS and Home Water Supplier acknowledge that the services provided under this Agreement are governed by and subject to the federal and state laws and regulations in accordance with LIHWAP and its Supplemental Terms and Conditions (Attachment A). NOW THEREFORE, in consideration of the mutual agreements and covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. PARTIES’ JOINT RESPONSIBILITIES The Parties agree to: 1.1. Maintain regular communication with each other, in all matters, as needed throughout the duration of the Agreement. 1.2. Work in partnership with each other and with each Party’s authorized representatives and contractors in the provision of the services and such other goals as may be mutually agreed upon by the Parties. 1.3. Provide information and documentation as reasonably necessary to meet the obligations of this Agreement. 1.4. Cooperate in good faith with any audit or financial reviews conducted by the other Party or any other authorized entity regarding this Agreement. This includes maintaining and providing information descriptive of the services required under this Agreement necessary for the other Party to meet any reporting requirements imposed by State or federal law. 2. HOME WATER SUPPLIER RESPONSIBILITIES Home Water Supplier agrees to: General: 2.1. Provide DHS-DFCS a copy of the Employer Identification Number document, which was issued to the Home Water Supplier and which displays the number used by the IRS as the Home Water Supplier’s tax identification number. 2.2. Provide DHS-DFCS with at least one designated contact person who shall be available to respond by telephone and electronic mail to all reasonable inquiries regarding LIHWAP household accounts, including but not limited to bills, payments, and services. Low Income Household Water Assistance Program (LIHWAP) DHS-DFCS and Home Water Supplier 2.3. Notify DHS-DFCS immediately when the tax identification number is changed. A new W-9 form will be completed and returned to DHS-DFCS. 2.4. Notify DHS-DFCS within 10 days when the name of the company, ownership of the company, contact person, contact/billing information, services to be provided, or service coverage area changes. 2.5. For privately owned Water Companies: Notify DHS-DFCS if the Home Water Supplier owner or an employee of the Home Water Supplier is also employed by DHS-DFCS or a member of his/her immediate family is employed by the DHS-DFCS. (“Immediate family" means either a spouse or any other person who resides in the same household as the owner/employee and who is a dependent of the owner.) 2.6. For the purpose of monitoring compliance with this Agreement and LIHWAP program compliance, the Home Water Supplier agrees to allow representatives of the Community Action Agency and DHS-DFCS access to all account information for the LIHWAP recipients. 2.7. The provisions found at Section 5 of this Agreement are hereby incorporated. Financial Information/Billing: 2.8. Provide drinking water and/or wastewater services to each eligible and approved residential household, for which payment is provided under this Agreement. 2.9. Charge LIHWAP households using the Home Water Supplier’s normal billing process. 2.10. Apply LIHWAP funds for currently open/active accounts, only, as follows: 2.10.1. Do not apply LIHWAP funds to any closed/inactive accounts. 2.10.2. If there is an arrearage on an open/active account, apply all LIHWAP funds to the arrearage on the account first. All remaining payment shall be applied to the customer’s current account balance, which may result in a credit on the account. If the water services have been disconnected, the Home Water Supplier agrees to restore water services within 10 business days upon the receipt of the payment from LIHWAP. 2.10.3. If there are no arrears on an open/active account, apply all LIHWAP funds to the customer’s current account balance, which may result in a credit on the account. 2.10.4. Charge all LIHWAP households the same rate for home drinking water and/or wastewater services that the Home Water Supplier bills to non-LIHWAP households. 2.10.5. Do not apply LIHWAP payments to account balances that have previously been written off. 2.10.6. Do not apply LIHWAP payments to commercial accounts. LIHWAP payments should only be applied to residential accounts. Low Income Household Water Assistance Program (LIHWAP) DHS-DFCS and Home Water Supplier 2.10.7. Post all payments to customer accounts within 5 business days of receiving the payment. 2.10.8. Clearly notate and distinguish on all LIHWAP household accounts, the LIHWAP funds that are applied to the account. 2.10.9. After LIHWAP funds are applied to an account, include on the customer’s next billing statement information concerning all LIHWAP funds applied to the account. 2.11. Continually maintain accurate records of LIHWAP credit balances and annually reconcile accounts. After one year, credit balances must be refunded to DHS-DFCS. 2.12. Not exchange the household’s credit authorization for cash or give any cash equivalent for excess credit. 2.13. Cooperate with any Federal, State, or local investigation, audit, or program review. Allow DHS-DFCS representatives access to all books and records relating to LIHWAP households for the purpose of compliance verification with this Agreement. 2.14. Understand that failure to cooperate with any Federal, State, or local investigation, audit, or program review may result in the immediate disqualification from participation in the LIHWAP. 2.15. Take corrective action in the timeframe specified by the DHS-DFCS if violations of this Agreement are discovered. Corrective action may include, but is not limited to, providing detailed documentation of changes made and detailed plans for future changes that will bring the Home Water Supplier into compliance. 2.16. Understand that failure to implement corrective actions may result in the immediate disqualification from participation in the LIHWAP. Data Collection: 2.17. DHS-DFCS requires the Home Water Supplier to maintain data regarding performance measures, which includes but may not be limited to: 2.17.1. Written information to DHS-DFCS on an eligible household’s home drinking water and/or wastewater costs, bill payment history, and/or arrearage history for no more than the previous 12 monthly billing periods even when it may be from a prior occupant household. If the eligible household has been a customer for less than 12 months, the Home Energy Supplier will provide LIHEAP with the requested data and include the number of months that the data supports. 2.17.2. The itemized amount, cost, and type of water assistance and services provided for eligible households approved for assistance under this award. 2.17.3. The type of water assistance used by the eligible household, i.e., drinking Low Income Household Water Assistance Program (LIHWAP) DHS-DFCS and Home Water Supplier water, wastewater etc. 2.17.4. The impact of the LIHWAP benefit on the LIHWAP household (e.g., amount of assistance to each household, and whether assistance restored water service or prevented shutoff). 2.18. The performance measures data must be provided at no cost to DHS-DFCS nor the account holder and provided to DHS-DFCS within a timeframe specified by DHS-DFCS. Additionally, the performance measures data must be provided in the format requested by DHS-DFCS (or an authorized agent for the DHS-DFCS) for the purposes of verification, research, evaluation, analysis, and reporting. Prior to requesting performance measures data, DHS-DFCS will obtain authorization for release of information from the LIHWAP applicant. 3. DHS-DFCS RESPONSIBILITIES DHS-DFCS agrees to: 3.1. DHS-DFCS will evaluate the relationship to determine if there is a conflict of interest that will preclude the Home Water Supplier from providing LIHWAP services to a designated locality(s). (Conflict of Interest is defined as a situation that has the potential to undermine the impartiality of a person in an official position because of the possibility of a clash between the person’s self-interest and professional interest or public interest.) 3.2. Not serve as the Home Water Supplier for a household in which s/he is a current recipient of assistance from the LIHWAP. (For these purposes, current will be defined as during the present federal fiscal year. Applies to privately owned Water Companies). 3.3. Not serve as the Home Water Supplier for a dwelling/property that s/he owns. (Applies to privately owned Water Companies). 4. TERM 4.1. This Agreement shall begin on the Effective Date and shall continue until September 30, 2022 (“Initial Term”), unless terminated earlier pursuant to Section 7, Termination; provided, however, that termination or expiration of this Agreement shall not affect any obligations, representations, or warranties, which by their nature survive termination or expiration. Thereafter, this Agreement may be renewed by the Parties for an additional term, which shall begin on October 1 and end at midnight on September 30, of the following year (“Renewal Option”) as follows: Initial Term: Effective Date – September 30, 2022 Renewal Option: October 1, 2022 – September 30, 2023 4.2. The terms and conditions in effect at the time of the renewal shall apply to each renewal term. DHS-DFCS shall send Home Water Supplier written notice memorializing the Parties’ intent to exercise a renewal option under this Agreement. Renewal is not automatic. Low Income Household Water Assistance Program (LIHWAP) DHS-DFCS and Home Water Supplier 5. PAYMENT 5.1. All funds for payment made pursuant to this Agreement will be paid directly to the Home Water Supplier by a DHS-DFCS contracted Community Action Agency, as outlined in this Agreement. “Responsibilities of the Community Action Agency” are detailed in Attachment B of this Agreement. 5.2. If a Community Action Agency notifies the Home Water Supplier that a payment is a duplicate or was sent in error, the refund check must be made payable to the Community Action Agency within 10 business days of notification. The Home Water Supplier shall refund only the portion of the payment that was a duplicate or the portion of the payment that was sent in error. Do not return the entire check. 5.3. If the Home Water Supplier receives notification that a LIHWAP payment has not posted to the correct account, the Home Water Supplier must credit the LIHWAP payment to the correct account within 5 business days. 6. RELATIONSHIP OF THE PARTIES 6.1. Neither Party is an agent, employee, assignee or servant of the other. It is expressly agreed that this Agreement is not to be construed as creating a partnership, joint venture, master- servant, principal-agent, or other relationship for any purpose whatsoever. Furthermore, neither Party is authorized to or has the power to obligate or bind the other by contract, agreement, warranty, representation or otherwise in any manner whatsoever. 7. TERMINATION 7.1. This Agreement may be cancelled or terminated, in whole or in part: 7.1.1. For convenience of either Party upon delivery of thirty (30) calendar days’ written notice of intent to do so, signed by a duly authorized representative of either Party; 7.1.2. By operation of law or act of the General Assembly, so as to render the fulfillment of the Agreement infeasible; and 7.1.3. In the event sufficient appropriated, otherwise obligated funds no longer exist for the payment of a Party’s obligations hereunder. 7.2. In the event of termination of this Agreement for any reason, the Parties shall remain liable for only those amounts, if any, incurred up to and including the termination date, subject to appropriations and the payment terms of this Agreement. If the Parties fail to agree in whole or in parts as to the amounts with respect to monies to be paid in connection with the total or partial termination, Section 13, Dispute Resolution, shall govern. 8. DEFAULT 8.1. If there is an event of default, the non-defaulting Party shall provide written notice thereof requesting that the breach or noncompliance be remedied within the time period specified in the notice. If the breach or noncompliance is not remedied by such date, the non-defaulting Party may immediately terminate this Agreement, in whole or in part, without additional written notice. Low Income Household Water Assistance Program (LIHWAP) DHS-DFCS and Home Water Supplier 9. LIMITATION OF LIABILITY 9.1. No civil action may be brought under this Agreement by one Party against the other Party. 9.2. DHS-DFCS shall not be held liable for claims arising solely from the acts, omissions or negligence of Home Water Supplier. Home Water Supplier shall not be held liable for claims arising solely from the acts, omissions or negligence of DHS-DFCS. 10. CONFIDENTIALITY AND PERSONAL HEALTH INFORMATION 10.1. All Parties herein shall abide by all state and federal laws, rules and regulations, and DHS policy on respecting confidentiality of an individual’s records. The Parties herein further agree not to divulge any information concerning any individual to any unauthorized person without the written consent of the individual employee, consumer/client/customer, or responsible parent or guardian. 10.2. Pursuant to 45 C.F.R § 160.103, the Parties agree that DHS-DFCS is a "covered entity" as defined by the federal Standards for Privacy of Individually Identifiable Health Information. DHS-DFCS from time to time may disclose "protected health information" ("PHI") to carry out the functions of this Agreement. These disclosures relate to PHI created or acquired by DHS-DFCS in connection with programs it administers. 10.3. PHI disclosed pursuant to this Agreement is confidential information and will be subject to appropriate safeguards while in DHS-DFCS possession. PHI will not be re-disclosed by DHS-DFCS or its employees without the written consent of the individual to whom the PHI relates or that individual's authorized representative, except as may be required by compulsory legal process. PHI will be retained by DHS-DFCS as required by law and, as appropriate, will be destroyed only in accordance with approved records retention schedules. 10.4. DHS-DFCS is required by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (hereinafter referred to as ‘HIPAA’), to obtain satisfactory assurances that its Business Associates will provide appropriate safeguards to ensure the security, confidentiality and integrity of PHI that a Business Associate may receive or create on behalf of DHS-DFCS pursuant to this Agreement, and to document those assurances by entering into a Business Associate Agreement with certain entities that provide activities and/or services involving the use of PHI. 10.5. The Home Water Supplier who utilizes, accesses, or stores personally identifiable information as part of the performance of this Agreement are required to safeguard this information and immediately notify DHS-DFCS of any breach or suspected breach in the security of such information. The Home Water Supplier shall allow DHS-DFCS to both participate in the investigation of incidents and exercise control over decisions regarding external reporting. 11. NOTICE 11.1. All notices, requests, or other communications (excluding invoices) under this Agreement shall be in writing and either transmitted via overnight courier, electronic mail, hand deliver or certified or registered mail, postage prepaid and return receipt requested to the Parties at the following addresses. Notices will be deemed to have been given when received. Low Income Household Water Assistance Program (LIHWAP) DHS-DFCS and Home Water Supplier DHS-DFCS: Project Leader Cynthia Bryant, MPH LIHEAP/CSBG/LIHWAP Unit Manager 2 Peachtree Street Suite 21-253 Atlanta, GA 30303 (404) 463-1679 Cynthia.Bryant@dhs.ga.gov Contracts Administrator Contracts Manager Office of Procurement, Contracts and Vendor Management 2 Peachtree Street, NW Suite 27-214 Atlanta, Georgia 30303 (404) 656-4861 (770) 359-3276 (fax) Home Water Supplier Refer to Attachment C for the Home Water Supplier’s contact information. 11.2. In the event a Party decides to identify a new or additional point-of-contact, said Party shall send written notification to the other Party identifying, the name, title, and address of the new point-of-contact. Identification of a new point-of-contact is not considered an amendment to this Agreement. 12. AMENDMENTS IN WRITING 12.1. The Parties recognize and agree that it may be necessary or convenient for the Parties to amend this Agreement so as to provide for the orderly implementation of all of the undertakings described herein, and the Parties agree to cooperate fully in connection with such amendments if and as necessary. However, no amendment, modification or alteration of this Agreement will be valid or effective unless such modification is made in writing and signed by both Parties and affixed to this Agreement as an amendment. Except for the specific provisions of the Agreement which are amended, the Agreement remains in full force and effect after such amendment. 13. COMPLIANCE WITH APPLICABLE LAWS 13.1. The Parties agree to comply and abide by all federal and state laws, rules, statutes, case law, precedent, policies, or procedures that may govern the Agreement, or any of the Parties' responsibilities. To the extent that applicable federal and state laws, rules, regulations, statutes, case law, precedent, policies, or procedures - either those in effect at the time of the execution of this Agreement, or those which become effective or are amended during the life of the Agreement - require a Party to take action or inaction, any costs, expenses, or fees associated with that action or inaction shall be borne and paid by said Party. Low Income Household Water Assistance Program (LIHWAP) DHS-DFCS and Home Water Supplier 14. ASSIGNMENT 14.1. No Party may assign this Agreement, in whole or in part, without prior written consent of the other Party, and any attempted assignment not in accordance herewith shall be null and void and of no force or effect. If requested by DHS-DFCS, the Home Water Supplier shall furnish DHS-DFCS the names, qualifications, and experience of their proposed subcontractors. The Home Water Supplier shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the Agreement. 15. DISPUTE RESOLUTION 15.1. The Parties shall cooperate with each other in good faith and agree to amicably settle any differences expediently through negotiations. Outstanding issues shall be resolved between departmental unit management as appropriate. If no resolution can be reached at the appropriate unit level, the issue will be escalated to upper/ senior management for resolution. If no resolution can be reached at the upper/senior management level, the issue will be escalated to the commissioner level for resolution. 16. MISCELLANEOUS PROVISIONS 16.1. Audits. The Parties may audit the performance of this Agreement following reasonable notice to the other. The Parties agree to cooperate with such audit and to furnish any and all records and information reasonable requested by the other. 16.2. Boycott of Israel. Home Water Supplier certifies that Contractor is not currently engaged in and agrees for the duration of this Contract not to engage in, a boycott of Israel, as defined in O.C.G.A. § 50-5-85. 16.3. Governing Law. This Contract and the rights and obligations of the Parties hereto shall be governed, construed, and interpreted according to the laws of the State of Georgia. 16.4. Legislation. Each Party shall promptly notify the other Party of proposed legislation which may affect the subject matter of this Agreement. 16.5. Parties Bound. This Agreement is binding upon all employees, agents and third-party vendors of Home Water Supplier and DHS-DFCS and will bind the respective heirs, executors, administrators, legal representatives, successors and assigns of each Party. 17. WAIVER AND SEVERABILITY 17.1. No failure or delay in exercising or enforcing any right or remedy hereunder by a Party shall constitute a waiver of any other right or remedy, or future exercise thereof. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent deemed to be omitted, and the balance of the Agreement shall remain enforceable. Low Income Household Water Assistance Program (LIHWAP) DHS-DFCS and Home Water Supplier 18. COUNTERPARTS/ELECTRONIC SIGNATURES 18.1. This Contract may be executed in several counterparts, each of which shall be an original, and all of which shall constitute one and the same instrument. Any signature below that is transmitted by facsimile or other electronic means shall be binding and effective as the original. 19. ENTIRE AGREEMENT 19.1. This Agreement together with attachments or exhibits, which are incorporated by reference, constitutes the complete agreement and understanding between the Parties with respect to the subject matter and supersedes any and all other prior and contemporaneous agreements and understandings between the Parties, whether oral or written. 20. NONDISCRIMINATION 20.1. The Home Water Supplier shall not discriminate against any household because of race, religion, color, sex, national origin, age, disability, political beliefs, sexual orientation, gender identity, or any other basis prohibited by state law relating to discrimination. Additionally, the Home Water Supplier shall not discriminate against a LIHWAP eligible household with respect to terms, deferred payment plans, credit, conditions of sale, or discounts offered to other customers. 21. FRAUD 21.1. The Home Water Supplier will be permanently disqualified from participating in the LIHWAP upon the first finding of LIHWAP fraud. Fraud includes, but is not limited to, intentionally providing false information to DHS-DFCS or knowingly allowing others to do so; intentional failure to notify the DHS-DFCS of a change in circumstances that affects payments received by the Home Water Supplier; intentionally accepting payments that the Home Water Supplier knows, or by reasonable diligence would know, the Home Water Supplier is not entitled to by virtue of an overpayment or otherwise; or intentionally making a claim for a payment to which the Home Water Supplier is not entitled pursuant to the terms of this Agreement and all applicable rules, regulations, laws and statutes. Repayment must be made unless contrary to a court order. 21.2. For overpayments received by the Home Water Supplier that are not the result of intent to defraud, the Home Water Supplier shall be required to repay the full amount to the Community Action Agency. (SIGNATURES ON FOLLOWING PAGE) [THIS SPACE HAS BEEN INTENTIONALLY LEFT BLANK] Low Income Household Water Assistance Program (LIHWAP) DHS-DFCS and Home Water Supplier SIGNATURE PAGE IN WITNESS WHEREOF, the Parties agree to the terms and conditions of this Agreement and the undersigned duly authorized officers or agents of each Party have hereunto affixed their signatures on the day and year indicated below. GEORGIA DEPARTMENT OF HUMAN SERVICES, DIVISION OF FAMILY AND CHILDREN SERVICES _____________________________________ _________________ Chris Hempfling, Deputy Division Director & General Counsel, DFCS Date ___________________________________________________________ [Name of Home Water Supplier] _____________________________________ _________________ [Name of signatory], [Title] Date Low Income Household Water Assistance Program (LIHWAP) DHS-DFCS and Home Water Supplier ATTACHMENT A SUPPLEMENTAL TERMS and CONDITIONS The General Terms and Conditions apply to all mandatory grant programs. These Supplemental Terms and Conditions are additional requirements applicable to the program named below. By acceptance of awards for this program, the grantee agrees to comply with the requirements included in both the General and Supplemental Terms and Conditions for this program. Office of Community Services (OCS) LOW INCOME HOUSEHOLD WATER ASSISTANCE PROGRAM (LIHWAP) Assistance Listing No. 93.568(B) (with modifications based on P.L. 116-260) APPLICABLE LEGISLATION, STATUTE, REGULATIONS 1. The administration of this program is authorized under Section 533 Title V of Division H of the Consolidated Appropriations Act, 2021, Public Law No: 116-260. Consistent with legislative instructions, program requirements use existing processes, procedures, and policies currently in place to provide assistance to low-income households. In particular, OCS has closely modeled the Low Income Household Water Assistance Program’s (LIHWAP) terms and conditions on assurances and requirements outlined in the Low Income Household Energy Assistance Act, 42 U.S.C. 8621 et seq. 2. The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards is located under 45 CFR Part 75. In accordance with 45 CFR 75.101 applicability, this program must comply with 45 CFR Part 75 in its entirety. No exceptions have been identified. 3. Additional applicable regulations and requirements can be found in the General Terms and Conditions for Mandatory: Formula, Block and Entitlement Grants. COST SHARING OR MATCHING (NON-FEDERAL SHARE) OF PROGRAM FUNDING 4. The federal financial participation rate (FFP) is 100 percent for this program. The federal award provides funds for 100 percent of allowable, legitimate program costs. 5. There is no non-federal cost share/matching required for this program. Program funds for this program are awarded with a 100 percent FFP rate for program costs. FINANCIAL REPORTING AND REQUIREMENTS 6. The OMB approved Financial Reporting form for this program is the SF-425 Federal Financial Report SF-425 Federal Financial Report. Grantees must track and report on LIHWAP funds separately from appropriated LIHEAP funds. Effective April 19, 2021 Page 1 of 6 Effective April 19, 2021 Page 2 of 6 Low Income Household Water Assistance Program (LIHWAP) DHS-DFCS and Home Water Supplier a. This report is submitted annually and must be submitted no later than December 30, which is 90 days following the end of each federal fiscal year (FFY). b. A first interim report is due 90 days following the end of FFY 2021. c. A second interim report interim report is due 90 days following the end of FFY 2022. d. A final report (cumulative, covering the entire project period) is due 3 months following the end of FFY 2023. 7. Project Period. The project period for this award is synonymous with the obligation period, as follows: from the date of the award through the end of FFY 2023 (September 30, 2023). Any federal funds not obligated by the end of the obligation period will be recouped by this Department. 8. Liquidation Deadline. All obligated federal funds awarded under this grant must be liquidated no later than 3 months after the end of the project period (i.e., December 31, 2023). Any funds from this award not liquidated by this date will be recouped by this Department. 9. The following are the grant/fiscal requirements based on modifications of existing LIHEAP policies and requirements: a. The grantees may use up to 15 percent of grant funds for planning and administering the funds under this award. The grantee will pay from non-federal sources the remaining costs of planning and administering the program under this award and will not use federal funds for such remaining cost. Administrative costs of the owners or operators of public water systems or treatment works that may be charged to this award, if any, are subject to this limitation and must be included together with the grantee’s costs of planning and administration when calculating compliance. b. The grantee will ensure that fiscal control and fund accounting procedures will be established as may be necessary to assure the proper disbursal of and accounting for federal funds paid to the state under this award, including procedures for monitoring the assistance provided under this award, and provide that the grantee will comply with the provisions of chapter 75 of title 31, United States Code (commonly known as the "Single Audit Act"). c. The grantee may expend funds for immediate expenses necessary for planning and administering the use of funds upon receipt of the award. However, prior to the expenditure of grant funds for any payments to owners or operators of public water systems or treatment works on behalf of low- income households, the grantee must submit an implementation plan for OCS review and acceptance in a format provided by OCS that will (a) include the eligibility requirements to be used by the state for each type of assistance to be provided under this grant, (2) describe the benefit levels to be used by the state, territory, or tribe for LIHWAP assistance, (3) describe any steps that will be taken to target assistance to households with high home water burdens, and (4) provide a plan of administration including a plan of oversight and monitoring of any subrecipient organizations comparable to the processes and procedures for comparable grant programs. Not later than May 30, 2021, OCS will make available a Model State and Tribal Implementation Plan format to be used in developing and submitting the implementation plan for review. 10. Grantees must track and report on LIHWAP program activities under this award separately from LIHEAP. The grantee must report annually on the following data elements, using an OMB-approved reporting format to be provided by OCS: a. the amount, cost, and type of water assistance provided for households eligible for assistance under this award; b. the type of water assistance used by various income groups; PROGRAM REPORTING AND REQUIREMENTS Effective April 19, 2021 Page 3 of 6 Low Income Household Water Assistance Program (LIHWAP) DHS-DFCS and Home Water Supplier c. the number and income levels of households assisted by this award; d. the number of households that received such assistance and include one or more individuals who are 60 years or older, include a household member with a disability, or include young children (ages 5 and younger); e. the impact of each grantee’s LIHWAP program on recipient and eligible households (e.g., amount of assistance to each household, and whether assistance restored water service or prevented shutoff); and f. administrative information regarding local providers (if applicable), agreements with water utilities, recommendations, accomplishments, unmet needs and lessons learned. 11. The following are the program requirements, consistent with instructions in P.L. 116-260, Section 533 and consistent with existing program requirements for Low-Income Home Energy Assistance Program (LIHEAP) and other closely related programs: a. Federal funds awarded under this grant shall be used as part of an overall emergency effort to prevent, prepare for, and respond to the coronavirus, with the public health focus of ensuring that low-income households have access to safe and clean drinking water and wastewater services. b. Funds will be used to provide assistance to low-income households—particularly those with the lowest incomes—that pay a high proportion of household income for drinking water and wastewater services. Assistance to households will be accomplished by providing funds to owners or operators of public water systems or treatment works to reduce arrearages of and rates charged to such households for such services. Grantees may use LIHWAP funding to cover arrearages arising at any time, including prior to this award. c. Grantees shall, in carrying out programs funded with this grant, as appropriate and to the extent practicable, use existing processes, procedures, policies, and systems in place to provide assistance to low-income households, including by using existing programs and program announcements, application and approval processes. i. Grant resources may be used to make payments only with respect to households in which one or more individuals are receiving the following: 1. assistance under the State program funded under part A of title IV of the Social Security Act; 2. supplemental security income payments under title XVI of the Social Security Act; 3. food stamps under the Food Stamp Act of 1977; 4. payments under section 415, 521, 541, or 542 of title 38, United States Code, or under section 306 of the Veterans' and Survivors' Pension Improvement Act of 1978; or 5. payments under the Low Income Home Energy Assistance Program (LIHEAP); or ii. households with incomes that do not exceed the greater of the following: 1. an amount equal to 150 percent of the poverty level for such state; or 2. an amount equal to 60 percent of the state median income; 3. except that a state, territory, or tribe may not exclude a household from eligibility in a fiscal year solely on the basis of household income if such income is less than 110 percent of the poverty level for the state; but, the state, territory, or tribe may give priority to those households with the highest home water costs or needs in relation to household income. d. The grantee will establish criteria and procedures for determining income eligibility comparable to established procedures and requirements for LIHEAP. The grantee will conduct outreach activities designed to ensure that eligible households, especially those with the lowest incomes, Effective April 19, 2021 Page 4 of 6 Low Income Household Water Assistance Program (LIHWAP) DHS-DFCS and Home Water Supplier that pay a high proportion of household income for drinking water and wastewater services, are made aware of the assistance available under this title and any similar assistance available under the Community Services Block Grant program or through other emergency relief such as the Pandemic Emergency Assistance Fund and the U.S. Department of Treasury’s Emergency Rental Assistance Program. e. The grantee will coordinate its activities under this title with similar and related programs administered by the Federal Government and such state, territory, or tribe, particularly low-income utility support programs such as LIHEAP, the Community Services Block Grant (CSBG), Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), the Social Service Block Grant, and the Emergency Rental Assistance Program. f. The grantee will provide, in a timely manner, that the highest level of assistance will be furnished to those households that have the lowest incomes and the highest water costs or needs in relation to income, taking into account family size, except that the state, territory, or tribe may not differentiate in implementing this section between the households described in condition 11(c)(i) and 11(c)(ii) (above). g. The grantee will establish policies, procedures, and benefit levels on behalf of households that prioritize continuity of water services, including prevention of disconnection and restoration water services to households for which water services were previously disconnected. h. The grantee will provide funds to owners or operators of public water systems or treatment works (“owners or operators”) to reduce arrearages of and rates charged to eligible households for such services. For all payments to owners or operators on behalf of individual households, the grantee must establish procedures to: i. notify, or require the owner or operator to notify, each participating household of the amount of assistance paid on its behalf; ii. ensure that the owner or operator will charge the eligible household, in the normal billing process, the difference between the actual amount due and the amount of the payment made by the LIHWAP grant; iii. ensure that any agreement the grantee enters into with an owner or operator under this paragraph will contain provisions to ensure that no household receiving assistance under this grant will be treated adversely because of such assistance under applicable provisions of state, territorial or tribal law or public regulatory requirements; iv. ensure that the provision of payments to the owner or operator remains at the option of the grantee, in consultation with local subgrantees; and v. ensure that the owner or operator provides written reconciliation and confirmation on a regular basis that benefits have been credited appropriately to households and their services have been restored on a timely basis or disconnection status has been removed if applicable. i. The amount of any home water assistance benefits provided under this program for the benefit of an eligible household shall not be considered income or resources of such household (or any member thereof) for any purpose under any State, Territorial, or Tribal law, including any law relating to taxation, public assistance, or welfare programs. j. The grantee will not exclude income-eligible households (described above in condition 11(c)(ii)) from receiving home water assistance benefits. k. The grantee will establish procedures to treat owners and renters equitably under the program assistance provided with these grant resources. Effective April 19, 2021 Page 5 of 6 Low Income Household Water Assistance Program (LIHWAP) DHS-DFCS and Home Water Supplier l. The grantee will provide for timely and meaningful public participation in the development of a state, territory or tribe’s LIHWAP implementation plan, such as publication and acceptance of comments via the grantee’s website. m. The grantee will provide an opportunity for a fair administrative hearing to individuals whose claims for assistance under a LIHWAP plan are denied or are not acted upon with reasonable promptness. Administrative hearing opportunities will be comparable to and may utilize existing processes, procedures, and systems currently in place for the state, territory, or tribe’s Low Income Home Energy Assistance grant. n. The grantee will be responsible for planning and prioritizing funds for households in communities throughout the state with the exception of households within tribal jurisdictions for which OCS has reserved a portion of LIHWAP funds. If the governing organization of any eligible tribal government or organization located within the state declines or is not able to successfully apply for available LIHWAP funds, the state grantee will then be responsible for including eligible households within the tribe’s jurisdiction in its outreach and service coverage. o. LIHWAP grant funds may not be used by the grantee, or by any other person with which the grantee makes arrangements to carry out the purposes of this grant, for the purchase or improvement of land or the purchase, construction, or permanent improvement of any building or other facility. p. The grantee will permit and cooperate with federal investigations undertaken in accordance with the following procedures: i. OCS shall, after adequate notice and an opportunity for a hearing conducted within the affected state, territory, or tribe, withhold funds from any grantee that does not utilize its allotment substantially in accordance with the terms and conditions. ii. OCS shall review and respond in writing in no more than 60 days to matters raised in complaints of a substantial or serious nature that a grantee (or any person with which the grantee makes arrangements to carry out the purposes of the grant) has failed to use funds in accordance with these terms and conditions. Any violation of any one of the terms and conditions that constitutes a disregard of such assurance shall be considered a serious complaint. iii. If OCS determines that there is a pattern of complaints from any state, territory, or tribe during the grant period, OCS shall conduct an investigation of the use of funds received under this award by the grantee in order to ensure compliance with terms and conditions. iv. The HHS Office of the Inspector General (OIG) may conduct an investigation of the use of funds received under this title by a state, territory, or tribe in order to ensure compliance with the provisions of this title. v. In the event of an investigation conducted by OCS, OIG, or another federal entity designated by OCS, the grantee shall make appropriate books, documents, papers, and records available to the Secretary or the Comptroller General of the United States, or any of their duly authorized representatives, for examination, copying, or mechanical reproduction on or off the premises of the appropriate entity upon a reasonable request thereof. vi. In conducting any investigation under the procedures described above, OCS will not request any information not readily available to such state, territory, or tribe, or require that any information be compiled, collected, or transmitted in any new form not already available. 12. Real Property Reports (SF-429s). The SF-429 Real Property forms are not applicable to this program. Purchase, construction, and major renovation are not an allowable activity or expenditure under this grant. REAL PROPERTY REPORTING Effective April 19, 2021 Page 6 of 6 Low Income Household Water Assistance Program (LIHWAP) DHS-DFCS and Home Water Supplier 13. These program-specific Supplemental Terms and Conditions are effective on the date shown at the bottom of the pages of this document and will remain in effect until updated. They will be updated and reissued only as needed whenever a new program-specific statute, regulation, or other requirement is enacted or whenever any of the applicable existing federal statutes, regulations, policies, procedures, or restrictions are amended, revised, altered, or repealed. Signature of Governor’s Authorized Official Name of State/Territory: Georgia LIHWAP State/Territory Lead Agency: Georgia Division of Family and Children Services I certify that the LIHWAP State/Territory Lead Agency has reviewed and will abide by the conditions outlined above. Tom C. X Rawlings Governor's Authorized Official Digitally signed by Tom C. Rawlings DN: cn=Tom C. Rawlings, o=Georgia Division of Family and Children Services, ou=Director, email=tom.rawlings@dhs.ga.gov, c=US Date: 2021.04.27 11:00:54 -04'00' EFFECTIVE PERIOD ATTACHMENT B RESPONSIBILITIES OF THE COMMUNITY ACTION AGENCY a. Based on established criteria, determine household eligibility for LIHWAP based on the State’s approved Grantee State Plan in a timely manner. a. Accept and process referrals from the Home Water Supplier for LIHWAP b. Provide payment to the Home Water Supplier after a household has been determined eligible for services rendered pursuant to this Agreement, c. Batch payments based on Home Water Supplier and application completion date. Home Water Supplier will receive paper checks with a report featuring Applicant Name, last four digits of the Social Security Number, Account Address, Account Number, Account Name, and Approved Benefit Amount from the administering Community Action Agency. d. To secure from each eligible household, as a part of their application for assistance, a written authorization for the release of information concerning the eligible household’s account with the Home Water Supplier. The Community Action Agency represents and warrants to the Home Water Supplier that it has obtained an Authorization for Release of General and/or Confidential Information from account holders (or individuals authorized to act on behalf of such account holders) applying for assistance under LIHWAP. The Release authorizes any utility service provider, including the Home Water Supplier that participates in LIHWAP to provide to the Community Action Agency personal and/or confidential customer-specific information which may include, without limitation, utility account identification information such as names, addresses, social security numbers, and account numbers; utility account payment history and other account information such as account status, utility charges, payment history, past due amounts, pending deposits, current shut-off due dates or disconnection, current life support status (if applicable) payment arrangements, and history of energy assistance payments; general energy usage data such as energy consumption and amounts and costs of fuel used for up to twenty- four months (at no greater level of detail than monthly totals); and such other data as the Community Action Agency, and/or the State of Georgia determine is reasonably necessary. Accordingly, the Community Action Agency (1) shall notify the Home Water Supplier if any eligible household under LIHWAP at any time declines to authorize the Home Water Supplier to disclose such information to the Low Income Household Water Assistance Program (LIHWAP) DHS-DFCS and Home Water Supplier Community Action Agency or retracts or withdraws such authorization; (2) shall remove, redact, and destroy any information received from the Home Water Supplier for which the Community Action Agency has not received a Release or for which such authorization has been retracted or withdrawn; and (3) hereby indemnifies the Home Water Supplier from any and all losses, costs, damages or expenses incurred by the Home Water Supplier (including, but not limited to, reasonable attorneys’ fees actually incurred) resulting from any claim, cause of action, or enforcement action arising from any information provided to the Community Action Agency, and/or in connection with the Home Water Supplier’s participation in LIHWAP. This indemnity shall survive the expiration, cancellation, revocation, or termination of the Original Agreement, as amended herein. e. Notwithstanding the foregoing, the DHS-DFCS do not indemnify and/or hold harmless neither the Home Water Supplier nor the Community Action Agency. Further, all Party(ies) to this Agreement hereby waives, releases, relinquishes, discharges and agrees to indemnify, protect and save harmless the State of Georgia (including the State Tort Claims Trust Fund), the Department of Administrative Services (DOAS), their officers and employees (collectively “indemnitees”) of and from any and all claims, demands, liabilities, losses, costs, or expenses and attorneys’ fees caused by, growing out of, or otherwise happening in connection with this Agreement due to any act or omission on the part of the Home Water Supplier, its agents, employees, subcontractors, or others working at the direction of the Home Water Supplier, or on the Home Water Supplier’s behalf, due to the application or violation of any pertinent federal, state or local law, rule or regulation, or due to any breach of this Agreement by the Home Water Supplier (collectively, the “indemnity Claims”). This indemnification extends to the successors and assigns of the Home Water Supplier, and this indemnification and release survives the termination of this Agreement and the dissolution or, to the extent allowed by law, the bankruptcy of the Home Water Supplier. The Home Water Supplier shall, at its expense, be entitled to and shall have the duty to participate in the defense of any suit against indemnitees. No settlement or compromise of any claim, loss or damage asserted against Indemnitees shall be binding upon Indemnitees unless expressly approved by the Indemnitees. f. Be responsible for planning and prioritizing funds for households in communities throughout their serving area with the exception of households within tribal jurisdictions for which OCS has reserved a portion of LIHWAP funds. Low Income Household Water Assistance Program (LIHWAP) DHS-DFCS and Home Water Supplier Water Utility Information Form ATTACHMENT C Company Name: Doing Business As (DBA), if applicable: Home Water Supplier’s Legal Name (as used on Federal Tax Return for Business): Company Owner Name: Type of Entity: □ Sole Proprietor □ Partnership □ Corporation □ Government Entity □ Trust □ Estate Utility: □ Investor Owned □ Municipal □ Cooperative □ Limited Liability Company (LLC) Is the LLC incorporated? □ Yes □ No □ Single Member or □ Multiple Member Taxpayer Identification (ID) Number: □ Social Security Number (SSN) □ Employer Identification Number (FEIN) □ Individual Taxpayer Identification Number (ITIN) Program Primary Contact Name/Title: Primary Contact Telephone Number: Primary Contact Email Address: Mailing Address for Payments: Office Physical Address: Office Fax Number: Contact Name/Title Regarding Payments: Telephone Number Regarding Payments: Mailing Address for Payments: Email Address Regarding Payments: SERVICES PROVIDED AND BILLED BY HOME WATER SUPPLIER □ Water Fees □ Wastewater/Sewer Fees □ Other ___________ □ Stormwater Fees □ Groundwater Fees Low Income Household Water Assistance Program (LIHWAP) DHS-DFCS and Home Water Supplier HIGHLIGHT EACH COUNTY SERVED BY THIS COMPANY STATEWIDE (check if you serve the entire state) 001 Appling 041 Dade 081 Jefferson 121 Richmond 002 Atkinson 042 Dawson 082 Jenkins ___122 Rockdale 003 Bacon 043 Decatur 083 Johnson 123 Schley 004 Baker 044 DeKalb 084 Jones 124 Screven 005 Baldwin 045 Dodge 085 Lamar ___125 Seminole 006 Banks 046 Dooly 086 Lanier ___ 126 Spalding 007 Barrow 047 Dougherty 087 Laurens 127 Stephens 008 Bartow 048 Douglas 088 Lee 128 Stewart 009 Ben Hill 049 Early 089 Liberty 129 Sumter 010 Berrien 050 Echols 090 Lincoln ___130 Talbot 011 Bibb 051 Effingham 091 Long ___131 Taliaferro 012 Bleckley 052 Elbert 092 Lowndes ___132 Tattnall 013 Brantley 053 Emanuel 093 Lumpkin ___133 Taylor 014 Brooks 054 Evans 094 Macon ___134 Telfair 015 Bryan 055 Fannin 095 Madison ___135 Terrell 016 Bulloch 056 Fayette 096 Marion ___136 Thomas 017 Burke 057 Floyd 097 McDuffie ___137 Tift 018 Butts 058 Forsyth 098 McIntosh ___138 Toombs 019 Calhoun 059 Franklin 099 Meriwether ___139 Towns 020 Camden 060 Fulton 100 Miller ___140 Treutlen 021 Candler 061 Gilmer 101 Mitchell ___141 Troup 022 Carroll 062 Glascock 102 Monroe ___142 Turner 023 Catoosa 063 Glynn 103 Montgomery ___143 Twiggs 024 Charlton 064 Gordon 104 Morgan ___144 Union 025 Chatham 065 Grady 105 Murray ___145 Upson 026 Chattahoochee 066 Greene 106 Muscogee ___146 Walker 027 Chattooga 067 Gwinnett 107 Newton ___147 Walton 028 Cherokee 068 Habersham 108 Oconee ___148 Ware 029 Clarke 069 Hall 109 Oglethorpe ___149 Warren 030 Clay 070 Hancock 110 Paulding ___150 Washington 031 Clayton 071 Haralson 111 Peach ___151 Wayne 032 Clinch 072 Harris 112 Pickens ___152 Webster 033 Cobb 073 Hart 113 Pierce ___153 Wheeler 034 Coffee 074 Heard 114 Pike ___154 White 035 Colquitt 075 Henry 115 Polk ___155 Whitfield 036 Columbia 076 Houston 116 Pulaski ___156 Wilcox 037 Cook 077 Irwin 117 Putnam ___157 Wilkes 038 Coweta 078 Jackson 118 Quitman 158 Wilkinson 039 Crawford 079 Jasper 119 Rabun 159 Worth 040 Crisp 080 Jeff Davis 120 Randolph Failure to identify all counties served may result in the denial of benefits for households. Commission Meeting Agenda 11/1/2022 2:00 PM Approve Augusta's participation in the Low-Income Household Water Assistance Program (LIHWAP) Department:Utilities Department:Utilities Caption:Motion to approve and authorize Augusta Mayor to execute Georgia Department of Human Services, Division of Family and Children Services Agreement to participate in the Low-Income Household Water Assistance Program (LIHWAP). Requested by DHS-DFCS, CSRA EOA, and Augusta Utilities Department (AUD). (Approved by Engineering Services Committee October 25, 2022) Background:Low Income Household Water Assistance Program (LIHWAP) is a federal program that helps low-income households pay for drinking water and wastewater for their homes. As of February 1, 2022, all other households were made eligible to receive LIHWAP assistance. Each household is eligible to apply and receive LIHWAP assistance once per program year. The amount of assistance is determine by household size, income, and composition. LIHWAP benefits will only be issued directly to the household’s water supplier. In order to apply for LIHWAP, applicants are required to complete an application through the Community Action Agency that provides assistance to the county the applicant resides in. The Community Action Agency for Augusta, Georgia is the CSRA Economic Opportunity Authority (EOA). Analysis:Execution of DHS-DFCS agreement documents will enable CSRA Economic Opportunity Authority (EOA) to proceed accepting applications and eligible households can apply and receive LIHWAP assistance once per program year. Eligibility for the LIHWAP Program include the following: Household water supplier must be a registered vendor for LIHWAP; Total gross income at or below 60% of the State Median Income Guidelines for Georgia; Responsible for paying the cost of water for the household or be able verify a water burden; and be a US citizen or lawfully admitted immigrant. Financial Impact:There is no additional cost other than administrative and record-keeping. Alternatives:Do not approve and citizens will have to find other assistance programs for assistance Recommendation:Approve and authorize Augusta Mayor to execute Georgia Department of Human Services, Division of Family and Children Services Agreement to participate in the Low-Income Household Water Assistance Program (LIHWAP). Funds are Available in the Following Accounts: AUD Operations Budget REVIEWED AND APPROVED BY: Mr. Wes Byne, Utilities Director Augusta Utilities Department 452 Walker St. Suite 200 Augusta, Georgia 30901 RE: Amendment #1 to Contract for SFY2021 Regional Water Plan Seed Grant Augusta, Georgia “High Frequency Monitoring and the Effects of Agricultural Water Withdrawal in the Savannah and Ogeechee River Basins” Dear Mr. Byne: Enclosed via email is an electronic original of the Amendment Agreement #1 with Augusta, Georgia for the project “High Frequency Monitoring and the Effects of Agricultural Water Withdrawal in the Savannah and Ogeechee River Basins.” Please print and coordinate with Mayor Davis to sign and date the amendment and return all signed amendment documents in .pdf format via email to the attention of your grant administrator Barbara Stitt-Allen at barbara.stitt@dnr.ga.gov. After electronic signature by my office, we will email you an electronic file of the fully executed contract. If you have any questions or concerns regarding the process or the contract, please contact Ms. Stitt-Allen at (470) 524-0584. Regards, Richard E. Dunn Director RED:bsa Enclosures September 2, 2022 STATE OF GEORGIA Contract #761-210006 COUNTY OF FULTON Page 1 of 2 AMENDMENT 1 WITH AUGUSTA, GEORGIA FOR HIGH FREQUENCY MONITORING AND THE EFFECTS OF AGRICULTURAL WATER WITHDRAWAL IN THE SAVANNAH AND OGEECHEE RIVER BASINS SFY2021 REGIONAL WATER PLAN SEED GRANT THIS MODIFICATION made this 30th day of September 2022 , to a pre-existing contract dated 1st day of July 2020, between the AUGUSTA, GEORGIA hereinafter referred to as the “Contractor,” and the ENVIRONMENTAL PROTECTION DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES, STATE OF GEORGIA, hereinafter referred to as the “Division.” WITNESSETH WHEREAS, the Contractor and the Division had previously entered into a contract on 1st day of July 2020, (copy of which is attached) which they now desire to modify in certain particulars: NOW, THEREFORE, it is mutually agreed that the attached contract shall be modified in the following manner: 1. In the contract, For Item 3, Time of Performance, delete the date of September 30, 2022 and substitute in its place September 30, 2023. 2. In the contract, for Appendix A, Scope of Work, delete the existing Appendix A: Scope of Work and substitute in its place the attached Appendix A: Scope of Work – Revision 1 which STATE OF GEORGIA Contract #761-210006 COUNTY OF FULTON Page 2 of 2 reflects the change of project end date and primary contact information. 3. In the contract, for Appendix B, Project Schedule, delete the existing Appendix B: Project Schedule and substitute in its place the attached Appendix B: Project Schedule – Revision 1. IN WITNESS WHEREOF, the parties have hereunto, and to a duplicate hereof of like tenor and effect acting by and through their duly authorized officers or agents, set their hands the day and year first above written. The Environmental Protection Division of the Department of Natural Resources, State of Georgia BY: Augusta, Georgia BY: Richard E. Dunn Director Date: Honorable Hardie Davis, Jr. Mayor Date: Attest: Lena J. Bonner Clerk of Commission Contract # 761-210006 Revised Date 9/30/2022 APPENDIX A SCOPE OF WORK – Revision #1 1 SFY2021 REGIONAL WATER PLAN SEED GRANT 1. Project Title: High Frequency Monitoring and the Effects of Agricultural Water Withdrawal in the Savannah and Ogeechee River Basins 2. Lead Organization: Augusta, Georgia 535 Telfair Street Augusta, GA 30901 706-821-2300 Primary Contact: Wes Byne Augusta Utilities Director Augusta Utilities Department 452 Walker St Suite 200 Augusta, Georgia 30901 706-312-4154 WByne@augustaga.gov Project Start Date: July 1, 2020 Project End Date: September 30, 2023 Grant Amount: $ 47,820 55% In Kind Match Amount: $ 8,000 9% Cash Amount: $ 31,880 36% Total Project Amount: $ 87,700 3. Project Goals: The Savannah - Upper Ogeechee Regional Water Plan (Plan), specify several management practices, for both surface water and groundwater, to address potential gaps in water resources in their respective regions of Georgia. The water demand (WD3 and WD4) and water supply (WS2, WS3, and WS5) management practices (listed in Scope Table 1) demonstrate the need for continuous improvements in agricultural water use efficiency, water use and data reporting, and water conservation in the region. The Savannah and Ogeechee River Basins ranked 5th in total water demand for 2010 (38,000,000 gallons per day) relative to the rest of the state (USGS 2014). However, the Savannah-Upper Ogeechee Regional Water Planning Council area (Council) had the state’s High Frequency Monitoring and the Effects of Agricultural Water Withdrawal in the Savannah and Ogeechee River Basins 2 Contract # 761-210006 Revised Date 9/30/2022 greatest increase in total percentage of newly irrigated fields (42.9% increase) from 2010 to 2015. This increase resulted in an additional 36,610 irrigated acres or a 72% increase over that time period (Georgia Water Coalition, 2017) with most of those irrigated acres occurring in the Ogeechee River Basin. The Council estimated an additional 10% increase in water use will be needed for the entire region by 2050. This project will develop a high frequency monitoring program that will report water use data from previously installed agricultural farm water meters. The monitoring program incorporates several different agricultural irrigation meter reading technologies along with streamflow gauges. Data will help determine areas on rivers where water withdrawals may be contributing to lower flows during summer growing period. The use of these advanced irrigation meter reading tools will assist agricultural farm irrigators to better understand their water resources so that water use efficiency and water conservation practices can be implemented. Major project goals include: • Project Goal #1: Expand and deploy advanced agricultural irrigation meter reading tools by installing and maintaining up to fifteen (15) automated Janus Agricultural Meter Readers (Readers) in the Savannah and Ogeechee River Basins as a proof of concept study of this technology. • Project Goal #2: Identify and intensively study the hydrology of a single catchment as (as defined by the National Hydrography Dataset Plus (NHDPlus) High Resolution) along priority areas (e.g. lower Ogeechee River, near Eden - “Eden Node”) to address the data gap priority for not meeting instream flow targets outlined within the Plan. • Project Goal #3: Develop and host at least three (3) outreach and education activities for farmers and other interested parties informing the water resource challenges within the Savannah - Upper Ogeechee Water Planning Council Area and provides potential solutions to those challenges through water conservation technologies and water restriction monitoring during low flow periods. • Project Goal #4: Coordinate and share data with project administrators of other SFY2020 Regional Water Plan Seed Grant approved for award in 2020. A second Seed Grant was awarded to UGA for the same Council area that also focuses on low flow. Project coordinators for the SFY2020 project entitled “Analyses of Long-Term Historic Trends in Water Quantities and Impacts to Macroinvertebrates in the Ogeechee and Savannah River Basins” will be conducting historical trend analysis of stream gages. Historical data may be of use to this Augusta project in identifying priority areas to install meter readers and catchment study. While the UGA project could benefit from real-time low flow data for possible macroinvertebrate study areas. • Project Goal #5: Produce publications and reports related to the project results to be distributed locally, online, and directly to the Council. High Frequency Monitoring and the Effects of Agricultural Water Withdrawal in the Savannah and Ogeechee River Basins 3 Contract # 761-210006 Revised Date 9/30/2022 Scope Table 1. Management Practices from the SUO Regional Water Plan (From Plan sections 6-1) Savannah – Upper Ogeechee Regional Water Council Management Practice Description / Definition of Action WD3: Evaluate/ Encourage Tier 3 and Tier 4 Agricultural Water Conservation Practices Review and implement applicable agricultural water efficiency and demand management practices that are “beyond basic” to reduce surface water demand in the Ogeechee River Basin. Some recommended management practices for agricultural permittees may include • Using rain sensors on irrigation systems • Irrigating during time of day with low evaporation rate WD4 – Monitor Agricultural Use • Complete installation of irrigation meters on all major agricultural withdrawal permittees • Ensure appropriate procedures for reading and maintaining irrigation meters, including a meter calibration and replacement program and provisions for self-reporting • Use monitored data during critical periods to improve calibration of existing Resource Assessment model • Review current agricultural withdrawal permits for potential modifications to protect minimum instream flows • Monitor agricultural withdrawals from the Ogeechee River on a continuous basis to prevent development of a potential future supply gap • Evaluate future withdrawal permit requests from the Ogeechee River against monitored usage before issuing future permits WS2 – Monitor Streamflow to Confirm the Frequency and Magnitude of the Predicted Gap Develop streamflow monitoring program to confirm the frequency, duration and magnitude of the predicted gap at existing planning nodes, plus a new node located in the Savannah-Upper Ogeechee Region (Upper Ogeechee) WS3 – Conduct Instream Flow Studies Conduct instream flow studies at various segments of the basin to determine required instream flow values to be compared to values used in the Resource Assessment Model WS5 – Decrease Surface Water Use during Low Flow Periods Develop drought management plan to decrease surface water withdrawals for agricultural use during low flow periods High Frequency Monitoring and the Effects of Agricultural Water Withdrawal in the Savannah and Ogeechee River Basins 4 Contract # 761-210006 Revised Date 9/30/2022 ED1 - Develop Regional or Customize State or Other Available Educational Program and Materials for Localized Implementation Modify existing state education materials to address regional and local issues and distribute to local governments, land managers, and water utilities for use or further customization. Materials can cover the following topics depending on local needs: • Water conservation and efficiency for municipal /commercial / industrial / agricultural users The project’s impact will also align with other Council goals reflecting the Plan vision statement (1.3.2. Goals) including: • Work to enhance the public’s understanding of regional water issues and the need for support of new policies to protect future resources • Identify opportunities for water reuse and conservation in the region. • Maintain and strive to improve the quality and quantity of the water of the region to protect species and habitat while balancing the needs of humans. 4. Project Background: For Georgia, agriculture is the largest consumptive user of surface and groundwater resources, using 918,000,000 gallons per day (USGS, 2014). Consumptive losses from streams and rivers can decrease water quality, imperil ecological communities, and decrease available water and water quality for downstream users. For example, low flow water levels during drought have impacted water quality and threatened aquatic resources, especially in the Flint River Basin where nearly 50% of all water for agriculture in Georgia is withdrawn. Georgia has also been involved in a tri-state water dispute between Alabama and Florida over water use rights in the Apalachicola-Chattahoochee-Flint Basin. These events have led to increased awareness of consumptive loss due to agriculture and increased regulation on water withdrawals. Often the seasonal timing of the greatest agricultural irrigation needs coincides with other seasonal surface water and groundwater demands including: high evapotranspiration rates for natural terrestrial ecosystems (peak natural groundwater/surface water losses), highest seasonal aquatic respiration rates (natural decreases in dissolved oxygen levels), less dilution of nonpoint source nutrient runoff, and lowest seasonal precipitation totals (decreased natural watershed recharge). As of 2003, agricultural water withdrawal permits require the permitee to report water usage only once per year. While this annual reporting requirement is allowed under the GAEPD’s groundwater and surface water withdrawal permit for farm use, the data is not frequent enough to forecast timely adaptive management strategies. The use of advanced irrigation meter reading tools will assist agricultural farm irrigators to better understand their water resources so that water use efficiency and water conservation practices can be implemented. This project will demonstrate areas of improvement where contemporary water metering requirements and methodologies are used by water withdrawal permitees in Georgia. High Frequency Monitoring and the Effects of Agricultural Water Withdrawal in the Savannah and Ogeechee River Basins 5 Contract # 761-210006 Revised Date 9/30/2022 This project will use new technology originally developed in support of the SFY2017 Regional Water Plan Seed Grant for the Savannah-Upper Ogeechee Regional Water Council that investigated benefits of Variable Rate Irrigation (VRI) over conventional farming irrigation practices. During that project, technology was developed, by Janus Research, LLC, that will provide more frequent water use data from already installed water meters. This technology photographs and identifies readings from the dial-type meters currently used for agricultural water withdrawals and has the capability of transmitting the data over wireless networks at a user-prescribed frequency which exceeds the one-time, annual report requirement for Georgia’s withdrawal permits (Figure 1). Figure 1. Janus agricultural meter reader developed by Janus Research, LLC. Higher frequency of monitoring with streamflow gauges can identify impacts of water withdrawals on rivers during the low flow summer period to provide a better understanding of challenges on water resources so actionable practices can be implemented. Under project goal #1, fifteen (15) existing agricultural meters will be custom fitted with automated Janus Agricultural Meter Readers (Readers) with the capability of reading and transmitting the dial-type meter data at user-defined intervals. Under project goal #2, the catchment study (area smaller than a HUC#12) will determine impacts of agricultural irrigation and nutrient application on the local surficial groundwater and surface water systems within that catchment. Readers will be installed on all agricultural withdrawals within the study catchment to monitor the surficial groundwater hydrology of at least one of the irrigated fields and determine water volume impacts on the receiving water High Frequency Monitoring and the Effects of Agricultural Water Withdrawal in the Savannah and Ogeechee River Basins 6 Contract # 761-210006 Revised Date 9/30/2022 that catchment drains to. Also, surficial and groundwater samples will be collected and analyzed for nitrogen and phosphorus species after seasonal fertilizer application. Up to ten (10) PVC piezometers will be placed in that catchment to determine the impact of pumping on groundwater elevation. Each piezometer will be fitted with an Onset pressure transducer (or equivalent) to monitor and log water level trends within each piezometer. All piezometers will be surveyed in order to provide relative elevations across all water levels and to aid in determining groundwater flow direction. In addition, at least one ultrasonic water level sensor will be placed in the nearest stream or river segment adjacent to the field. This sensor will provide water level information in an effort to detect effects of pumping on the receiving stream. Finally, a Davis Weatherstation (or equivalent) will be placed at the catchment site in order to monitor and log local weather data. If it is not possible to confirm a catchment near the Eden Node priority area with farmers willing to participate in the project, then the project will find an alternative catchment area. Project goals #1 and #2 will be fulfilled by developing a monitoring program that incorporates several different technologies; Figure 2 shows an example implementation of those technologies and how they are suited to achieve the overall project goals. Figure 2. Schematic of monitoring technology and context intended to achieve goals of this project. ? Ultrasonic water level sensor Pressure transducers for water level Piezometers Agricultural pump Janus meter reader Groundwater level Flow direction Weatherstation High Frequency Monitoring and the Effects of Agricultural Water Withdrawal in the Savannah and Ogeechee River Basins 7 Contract # 761-210006 Revised Date 9/30/2022 Under project goal #3, the project will host at least three (3) outreach and education activities for farmers and other interested parties informing the water resource challenges of the Council area, demonstrate the Reader technologies, and use of the data in low flow planning purposes. Examples of use of the data that could be demonstrated is the development of agriculture withdrawal permit requirements for Low Flow Protection Plans that is tied to the 7Q10 for the stream being withdrawn from. 5. Project Activities: Project Activity #1: Install and monitor up to fifteen (15) Janus agriculture meter readers for irrigation withdrawals from surface and groundwater sources in the Savannah and Ogeechee River Basins as a proof of concept for this technology and stream data to a web-enabled dashboard. Note that number of sites may be less than 15 given some sites may have multiple irrigation withdrawals. Measures of Success: Complete the installation and operation of fifteen (15) Janus meter readers and data streaming to a web-based dashboard Task 1: Hold meetings to identify and recruit enough farmers for the study to monitor fifteen (15) pumps. Deliverables: meeting notes, sign in sheets, commitment letters from farmers Task 2: Installation of up to fifteen (15) Janus meter readers, data dashboard development. Deliverables: Fifteen (15) Janus meter readers installed, data streaming to dashboard. Project Activity #2: Identify and intensively study the hydrology of a single catchment within one of those basins to determine impacts of agricultural irrigation and fertilizer application on the local surficial groundwater and surface water systems within that catchment. Measures of Success: Complete the catchment identification, piezometer, pressure transducers, and ultrasonic water level sensor installed, data collected, analysis of pumping impacts identified. Task 3: Identify catchment and obtain permission, preferably near the identified Eden Node data gap. If catchment with willing farmers are not located near the priority areas near the Eden Node, then the project will find an alternative catchment area Deliverables: Catchment identified, property owner approval High Frequency Monitoring and the Effects of Agricultural Water Withdrawal in the Savannah and Ogeechee River Basins 8 Contract # 761-210006 Revised Date 9/30/2022 Task 4: Install piezometers and water level loggers (in wells and receiving stream) relative to pump and receiving water locations Deliverables: Piezometers constructed and installed, pressure transducers and ultrasonic water level sensor installed and surveyed Task 5: Water sample and logger data collection and analysis Deliverables: Continuous data from pump meters, all wells, and surface water loggers as well as chemistry sample results Project Activity #3: Provide the Savannah-Upper Ogeechee Regional Water Council with periodic written and/or verbal project updates. Measures of Success: Submittal of the periodic written and/or verbal project updates in a timely manner. Task 6: Provide the Council with project updates at a minimum of once every six (6) months via email or during Council meetings Deliverables: Council meeting minutes containing verbal updates or emails containing written updates for four (4) project updates Project Activity #4: Prepare Outreach and Education activities for farming community, GAEPD, Augusta-Richmond County, Savannah-Upper Ogeechee Regional Water Council, Coastal Water Council and general public. Present potential solutions using water conservation technologies and water restriction monitoring during low flow periods. Measures of Success: Submittal of the periodic written and/or verbal project updates in a timely manner. At least three (3) outreach and education events held. Task 7: Develop outreach and educational information for presentation and distribution to relevant stakeholders Deliverables: Presentation materials and informational pamphlets/flyers Task 8: Host at least three (3) outreach and education activities outreach presentations for stakeholders at meetings and outreach events (e.g. demo days, field days, Earth Day, etc.). Deliverables: Meeting agendas, sign in sheets (where applicable), photographs High Frequency Monitoring and the Effects of Agricultural Water Withdrawal in the Savannah and Ogeechee River Basins 9 Contract # 761-210006 Revised Date 9/30/2022 Project Activity #5: Coordinate and share data with project administrators of other SFY2020 Savannah-Upper Ogeechee Regional Water Plan Seed Grant project approved for award in 2020. Measures of Success: Submittal of the periodic written and/or verbal project updates via email in a timely manner. Task 9: Coordinate and share data with the project administrators of other SFY2020 Council project at a minimum of once every six (6) months via email preferably a week before Council meetings Deliverables: Coordination reported in Quarterly reports for both projects for four (4) project updates. Project Activity #6: Prepare & submit Quarterly & Close-Out Reports & Invoices to EPD. Task 10: Submit Quarterly Reports, including WBE/MBE, reports and invoices Deliverables: Quarterly progress reports to EPD Project Manager by the 15th of January, April, July and October of each year Task 11: Final Invoice & Close-Out Report Deliverables: Final Invoice and Close-Out Report submitted within 30 days of contract expiration to EPD High Frequency Monitoring and the Effects of Agricultural Water Withdrawal in the Savannah and Ogeechee River Basins 10 Contract # 761-210006 Revised Date 9/30/2022 6. Roles and Responsibilities of Partnering Organizations: Organization Name Specific Responsibilities Augusta, GA • Account for/contribute to at least 45% of total project costs in Cash matching expenses ($31,880) and in-kind services ($8,000). • Request payments from GAEPD on a quarterly basis • Pay funds to appropriate contractor(s) and vendor(s), and request reimbursements from GAEPD • Track all grant funds expended and all match values provided in accordance with the implementation schedule • Track all project activities in accordance with the implementation schedule • Complete and submit quarterly progress reports with invoices to GAEPD by January 15th, April 15th, July 15th, and October 15th of each project year (Payment of invoice is contingent on work completed and a review and approval of the quarterly report.) • Complete and submit close-out report at conclusion of project GAEPD • Provide up to 55% of total project costs • Review and approve project deliverables • Participate in meetings, as appropriate • Provide project oversight and contract management • Provide monitoring guidance and training Other Invited Partners Specific Responsibilities Brier Creek Soil and Water Conservation District • Participate in meetings with farmers to identify participants and educate the farming community • Develop and install meter readers • Develop data dashboard • Participate in site selections • Participate in data analysis • Contribute to quarterly and final reports Phinizy Center for Water Sciences • Participate in site selections • Participate in piezometer/water logger installation • Participate in water sample analysis and data downloads • Participate in data analysis • Contribute to quarterly and final reports High Frequency Monitoring and the Effects of Agricultural Water Withdrawal in the Savannah and Ogeechee River Basins 11 Contract # 761-210006 Revised Date 9/30/2022 7. Project Location: The map below identifies both the Savannah and Ogeechee River Basins which are the project areas for the installation of agricultural withdrawal meter readers and the catchment study. For the catchment study portion of the project, the focus will be on identifying a catchment study area near the “Eden Node” which is listed as a data gap priority for not meeting instream flow targets outlined within the Plan (e.g. lower Ogeechee River, near Eden). If a catchment with farmers willing to participate are not located near the Eden Node, then the project will find an alternative catchment area. High Frequency Monitoring and the Effects of Agricultural Water Withdrawal in the Savannah and Ogeechee River Basins 12 Contract # 761-210006 Revised Date 9/30/2022 8. Project Budget: Item Item Description Grant Funds (60% Maximum) Matching Funds (40% Minimum, 10% as Cash) Total In Kind Cash A Personnel: One (1) (Project manager, Oscar Flite) – 0.017 FTE ($119,600/year) for 30 months Description of Duties: • Meet with farmers • Install piezometers and loggers • Analyze data • Prepare reports for submission to GAEPD $5,180 $5,180 Sub Total: $5,180 $5,180 B Fringe Benefits: One (1) (Project manager, Oscar Flite) Fringe rate is 30% $2,220 $2,220 Sub Total: $2,220 $2,220 C Travel: Staff Position: (Project manager, Oscar Flite) 1030 miles x $0.58/mile $600 Sub Total: $600 $600 D Equipment: Equipment: (What kind) Purpose/use: (describe) NA NA NA NA Sub Total: E Supplies: 12-Onset pressure transducers (or equivalent) Purpose/Use: collect water levels in piezometers $3,600 $2,400 $6,000 10-PVC piezometer materials- $1,200 $800 $2,000 1- Davis weather station (or equivalent) $1,200 $800 $2,000 15-Janus agricultural meter readers $6,600 $4,400 $11,000 High Frequency Monitoring and the Effects of Agricultural Water Withdrawal in the Savannah and Ogeechee River Basins 13 Contract # 761-210006 Revised Date 9/30/2022 Item Item Description Grant Funds (60% Maximum) Matching Funds (40% Minimum, 10% as Cash) Total In Kind Cash 2-ultrasonic water level sensors $1,800 $1,200 $3,000 Sub Total: $14,400 $9,600 $24,000 F Contractual: Brier Creek Soil and Water Conservation District Description of Duties: • Participate in meetings with farmers to identify participants and educate the farming community • Develop and install meter readers • Develop data dashboard • Participate in site selections • Participate in data analysis • Contribute to quarterly and final reports • (Cash match supplied by August Utilities Dept) $21,000 $14,000 $35,000 Phinizy Center for Water Sciences • Participate in site selections • Participate in piezometer/water logger installation and data download • Participate in data analysis • Contribute to quarterly and final reports • (Cash match supplied by Augusta Utilities Dept) $12,420 $8,280 $20,700 Sub Total $33,420 $22,280 $55,700 G Other: Sub Total H Total Direct Charges: (Sum of A-G) $47,820 $8,000 $31,880 $87,700 I Indirect Charges: Indirect Charge Rate N/A N/A J Total: (Sum of H and I) $47,820 $8,000 $31,880 $87,700 High Frequency Monitoring and the Effects of Agricultural Water Withdrawal in the Savannah and Ogeechee River Basins 14 Contract # 761-210006 Revised Date 9/30/2022 Budget Narrative: (A) Personnel Narrative: Oscar Flite (Stormwater Services Manager- Augusta-Richmond County); Project Manager 0.017 FTE; $119,600/year (includes fringe) for 30 months = $5,1800 Matching funds (in- kind) Oscar will administer the grant for Augusta. In addition, Oscar will participate in meetings with farmers, facilitate installation of piezometers and water level loggers, analyze data, and prepare reports for GAEPD. (B) Fringe Narrative: Fringe is FTE at 30% of total salary = $2,220 Matching funds (in-kind) (C) Travel Narrative: Travel 1030 miles x $0.58/mile Matching funds (in-kind) (D) Equipment Narrative: N/A (E) Supplies Narrative: Supplies will consist of the following: Twelve (12) Onset HOBO 30-foot depth water level data loggers (U20-001-01) (or equivalent): These loggers will be used to measure groundwater elevation in piezometers. They are $500 each; Grant $3,600 / Match $2,400 = $6,000 Ten (10) Piezometers: Piezometers will be constructed using PVC pipes, landscape fabric, and caps. Ten piezometers will be constructed for groundwater monitoring; Grant $1,200 / Match $800 = $2,000 One (1) Davis EnviroMonitor System (or equivalent): This system includes a weather station and sensor node and will be used to collect weather data as well as soil moisture at the designated field site. Grant $1,200 / Match $800 = $2,000 Fifteen (15) Janus agricultural meter readers. These customized readers will be fitted onto existing Ag water meters for monitoring. Grant $6,600 / Match $4,400 = $11,000 High Frequency Monitoring and the Effects of Agricultural Water Withdrawal in the Savannah and Ogeechee River Basins 15 Contract # 761-210006 Revised Date 9/30/2022 Two (2) Ultrasonic water level sensors. These sensors will be used to measure water level surface elevation in the creek or river adjacent to the study site. Grant $1,800 / Match $1,200 = $3,000 (F) Contractual Narrative: Brier Creek Soil and Water Conservation District; $35,000 Tom Mims will participate in meetings with farmers to identify participants and educate the farming community, will participate in site selections, data analysis, and will contribute to quarterly and final reports. Tom will facilitate construction and installation of meter readers and data dashboard development (in conjunction with Janus Research, LLC). Grant $21,000 / Cash Match $14,000 = $35,000. Cash match supplied by Augusta Utilities Dept Phinizy Center for Water Sciences; $20,700 The Phinizy Research Team will participate in site selections, piezometer, logger, and weatherstation installations, data downloads, data analysis, and will contribute to quarterly and final reports. Grant $12,420 / Cash Match 8,280 = $20,700. Cash match supplied by Augusta Utilities Dept (G) Other Narrative: N/A (I) Indirect Charges Narrative: N/A 9. Project Implementation & Drawdown Schedule: Attached Please see attached 10. Citations: Georgia Water Coalition, 2017. Watering Georgia- the state of water and agriculture in Georgia. UGA, AgSnapshots 2019. University of Georgia Center for Agribusiness and Economic Development’s focus on Georgia’s Agricultural Industry. M. A. Maupin, J. F. Kenny, S.S. Hutson, J. K. Lovelace, N. L., Barber, and K. S. Linsey, Estimated Use of Water in the United States in 2010. 2014. U.S. Geological Survey Circular 1405, p. 4. FY2021 Regional Water Plan Seed Grant - REVISION #1 High Frequency Monitoring and the Effects of Agricultural Water Withdrawal in the Savannah and Ogeechee River Basins 09/30/2022 Initial Final Grant Drawdown Amount $47,820 $47,820 Percent Seed Remaining 100% 0% Match Amount $8,000 $8,000 Percent Match Accrued 0% 100% Cash Match Amount $31,880 $31,880.00 Percent Cash Match Accrued 0% 100% Jul-20 Aug-20 Sep-20 Oct-20 Nov-20 Dec-20 Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Milestones/Tasks 100% $7,970 75% 13th Quarter $11,174 0% $1,154 100% $7,970$7,970 50% 12th Quarter $11,175 23% $1,152 86% Task 11: Submit Final Close-Out Report 11th Quarter $11,175 47% $1,152 71% Task 4: Install piezometers and WL loggers Task 5: Collect and analyze data Task 6: Update Council on progress Task 7: Develop outreach and education material Task 8: Conduct outreach and education presentations Task 10: Submit Quarterly Invoices & Status Reports 0% 25% Execute Contract Task 1: Meetings to recruit farmers Task 2: Install meter readers and develop dashboard Task 3: Identify catchment $0 $7,970 0% 0% 0% 0% 0% 0% 0% 0% $0 $0 $0 $0 $0 $0 $0 $0 42% 57% $1,000 $1,152 1% 3% 5% 11% 15% 17% 25% 30% $115 $115 $173 $460 $345 $115 $646 $421 93% 70% $0 $11,175 100% 100% 100% 100% 96% 93% 93% 93% 9th Quarter 10th Quarter $0 $0 $0 $0 $2,081 $1,040 $0 $0 Task 9: Coordinate with the project administrators of other SFY2020 Section 9: Implementation and Drawdown Schedule 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 5th Quarter 6th Quarter 7th Quarter 8th Quarter Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 08/19/2020 Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 08/19/2020 Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 Copy of Original Contract 07/01/2020 1 Johnson, Natasha From:Johnson, NatashaSent:Wednesday, August 12, 2020 6:56 AMTo:Craw, Veronica; Capp, James; Johnson, Natasha; Hendrix, Aubrey; Ruoff, Erin; Curry, LaurenSubject:Request to Execute: FY21 Augusta GA Seed GrantAttachments:FY21 Augusta GA Seed Grant - Execute.pdf TrackingTracking:Recipient Read Response Craw, Veronica Read: 8/12/2020 7:48 AM Approve: 8/17/2020 11:50 AM Capp, James Read: 8/12/2020 7:28 AM Approve: 8/12/2020 7:28 AM Johnson, Natasha Read: 8/12/2020 7:06 AM Approve: 8/12/2020 7:20 AM Hendrix, Aubrey Read: 8/12/2020 7:58 AM Approve: 8/12/2020 7:58 AM Ruoff, Erin Read: 8/12/2020 10:59 AM Approve: 8/12/2020 11:01 AM Curry, Lauren Read: 8/12/2020 8:53 AM Approve: 8/12/2020 8:54 AM Good morning, Please review the attached contract for EXECUTION with Augusta, GA and submit your approval or rejection by using the vote button. Thanks! Natasha Johnson Budget Analyst/Financial Liaison Environmental Protection Division Phone: 404-651-7982 Fax: 770-342-3984 Natasha.Johnson@dnr.ga.gov Copy of Original Contract 07/01/2020 Commission Meeting Agenda 11/1/2022 2:00 PM Approve one-year, no-cost time extension to Augusta / GA-EPD / Brier Creek Soil & Water District Seed Grant. Department:Utilities Department:Utilities Caption:Motion to approve one-year, no-cost time extension to Augusta / GA- EPD / Brier Creek Soil & Water District Seed Grant.(Approved by Engineering Services Committee October 25, 2022) Background:AUD, Brier Creek, and Ga EPD entered into a Seed Grant to study the effects of agricultural water usage on stream levels. This supports the state water plan and prepares all parties to be more informed when analyzing water withdrawal permits in the Savannah and Ogechee Basins. The grant needs to be extended for one year until September, 2023, to accommodate additional data collection and analysis. Ga EPD has concurred with this request. Analysis:This information is beneficial to the state water planning effort, and allows Augusta to be an informed position when requesting future withdrawal amounts. Financial Impact:No additional financial impact. Alternatives:No alternative. Recommendation:Recommend approving the one-year, no-cost time extension. Funds are Available in the Following Accounts: No additional funds required. REVIEWED AND APPROVED BY: ENGINEERING DEPARTMENT Hameed Malik, PhD., PE, Director Plan & Review Section Manager Richard A. Holliday, Sr. Lead Design Engineer Engineering Division 452 Walker St., Suite 110 – Augusta, GA 30901 Phone: (706) 821-1706- Fax 706 (821-1708) www.augustaga.gov MEMORANDUM To: Hameed Malik. P.E., PhD Director of Engineering Through: Brett Parsons P.E., Principal Engineer Land Development From: Richard A. Holliday, Lead Design Engineer Date: August 10, 2022 Subject: Certificate of Completion Dedication of Haynes Station Section 5 - Steiner Lane Connector File reference: 22-005(A3) A final inspection has been conducted on the above referenced development. This development meets the standards and specifications set forth in the Augusta-Richmond County Development Regulations Guidelines outlined in the Land Development and Stormwater Technical Manuals. The submitted Deed of Dedication and 18-Month Warranty Agreement reads appropriately, with the language in both documents meeting criteria for dedication of the roadway systems and drainage systems within. The final plat was previously accepted by the Commission on July 12, 2022. Therefore, these development dedication documents are ready to present to the Commission for acceptance into the City’s infrastructure system. Thank you for your assistance on this matter. Please call if you have any questions or need additional information, 706-821-1706. RAH Attachment cc: Walt Corbin, P.E., Engineering Manager Carla Delaney, Director of Planning and Development Kevin Boyd, Development Services Manager, Planning & Zoning File ENGINEERING DEPARTMENT Hameed Malik, PhD, P.E., Director Walt Corbin, P.E. Engineering Manager Page 1 of 1 MEMORANDUM To: Law Department – Mr. Robert Kerr From: Walt Corbin, PE – Engineering Manager Date: July 13, 2022 Subject: Haynes Station Subdivision Section 5 Dear Mr. Kerr, During the June 30th, 2022 Commission Meeting, the Augusta Commission approved the dedication of infrastructure for the Engineering Department and for the Utilities Department located in Haynes Station Subdivision Section 5. We are sending the following original documents for your approval and initials, and request that they be sent to the Mayor for signature. After execution by the Mayor, we would appreciate it if you could have the documents returned to the Engineering Department for recording. Additionally, we would request copies of all executed Road Resolutions as well. We appreciate your assistance, and if additional information is needed, please advise. Thank you. Original AED Documents: Deed of Dedication Maintenance Agreement Road Resolutions 1. Steiner Road Original AUD Documents: Deed of Dedication Maintenance Agreement c.c. file SUBDIVISION: HAYNES STATION, SECT. 5 RESOLUTION ADDING ROAD TO THE AUGUSTA-RICHMOND COUNTY ROAD SYSTEM WHEREAS, Steiner Lane is an existing road in Richmond County, Georgia, open to public usage; and WHEREAS, Augusta, Georgia desires to make Steiner Lane a part of its County Road System. NOW, THEREFORE, BE IT RESOLVED by the Augusta Commission of Augusta, Georgia, that Steiner Lane is hereby added to its official County Road System of Record, being described as follows and as shown on the attached sketch map or plat showing the approximate alignment and location of said Road. (a) Points of beginning and ending: Beginning at Pullman Circle Ending at East, approximately 203.2’ to the property line (b) Length of road to nearest 1/100th mile: 0.04 mile (c) Width & type of road surface: (d) Right-of-Way: 60 foot The Augusta Commission is hereby directed to forward a certified copy of this resolution to: Georgia Department of Transportation, Road Inventory Section District 2, Post Office Box 8, Tennille, Georgia 31089. Adopted this ______ day of __________________, 20____. AUGUSTA, GEORGIA BY: _______________________ As Its Mayor Attest: ____________________ Commission Meeting Agenda 11/1/2022 2:00 PM DEDICATION OF: HAYNES STATION SECTION 5 – Steiner Lane Connector FILE REFERENCE: 22-005(A) Department:Engineering Department:Engineering Caption:Motion to approve the deed of dedication, maintenance agreement, and road resolution submitted by the Engineering Department for Haynes Station Section 5. Also, approve Augusta Utilities Department easement deed and maintenance agreement. Requested by Engineering.(Approved by Engineering Services Committee October 25, 2022) Background:The final plat for this portion of Haynes Station Section 5 was approved by the Commission on July 12, 2022. The road design and plat for this section has been reviewed and accepted by our engineering staff and the construction has been reviewed by our inspectors. The Utilities Department has inspected and reviewed the water and sanitary sewer installations, and hereby requests acceptance of the utility deed. Analysis:This section meets all codes, ordinances and standards. There are no wetlands or 100-year flood plain boundaries involved in this section. Acceptance of said utility deed shall dedicate, as required, the water and sanitary sewer mains along with the applicable easements to Augusta, Georgia for operation and maintenance. Financial Impact:By accepting this road and storm drainage installations into the County system and after the 18-month maintenance warranty by the developer/contractor for the roads and storm drainage has expired, all future maintenance and associated costs will be borne by Augusta, Georgia. By acceptance of the utility deeds and maintenance agreements, all future maintenance and associated costs for water and sanitary sewer installations will be borne by Augusta, Georgia, and positive revenue will be generated from the sale of water and sanitary sewer taps and monthly billing of same. Alternatives:1.Do not approve and risk litigation. Recommendation:Approve the deed of dedication, maintenance agreement, and road resolution submitted by the Engineering Department for Haynes Station Section 5. Also, approve Augusta Utilities Department easement deeds and maintenance agreements for Haynes Station Section 5. N/A Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: SCOPE CHANGE AUTHORIZATION Project: Professional Services for Preparation of a Risk and Resiliency Assessment (RFP #19-282) Date Prepared: July 6, 2022 HDR Project No.: 10204315 Client: Augusta Utilities Department Project Manager: Stuart Jeffcoat Scope Change No.: 2 DESCRIPTION OF SCOPE MODIFICATIONS AND JUSTIFICATION The following changes to the scope of services included in the contract for the Preparation of a Risk and Resiliency Assessment executed on December 20, 2019 are hereby authorized: • Completion of a compliance review and development of an implementation plan for compliance with the Lead and Copper Rule Revisions. The Lead and Copper Rule (LCR) was published in 1991 by EPA and was revised in 2007. In 2021, the rule was revised again and is effective as of December 16, 2021. The Lead and Copper Rule Revisions (LCRR) will affect utilities in multiple ways, implementing new testing requirements, treatment requirements, service line identification/replacements and additional public outreach/notification. The compliance date of the LCRR is October 16, 2024. However, the EPA has announced the development of a new regulation to strengthen the LCRR, the Lead and Copper Rule Improvements (LCRI). As these further revisions have not been proposed yet, they are not considered in the Compliance Implementation Plan; however, the potential revisions associated with the LCRI will be noted and discussed as part of the compliance review. Augusta Utilities Department (AUD) wishes to have a document that will summarize how the new requirements of the LCRR affect their water system and its continued compliance with the LCR. The aforementioned additional scope will consist of performing workshops and desktop analysis to allow HDR Engineering, Inc. (HDR) to perform a compliance review that will look at AUD’s current activities and compare that to the requirements of the LCRR. HDR will use the compliance review findings to develop an implementation plan for AUD to comply with the LCRR. The implementation plan will include a timeline for compliance as well as cost estimates for the required compliance activities. DETAILED SCOPE OF SERVICES FOR LCRR COMPLIANCE REVIEW AND IMPLEMENTATION PLAN DEVELOPMENT Task 1 – Workshops and Data Collection HDR will facilitate a Kickoff Workshop (Workshop 1) with AUD to introduce the project team, review the scope of services and project schedule, affirm project goals, and identify existing information to be reviewed by the HDR team. Following the Kickoff Workshop, HDR will provide a formal request to AUD for information required for the compliance review. Once the data request is fulfilled, HDR will review information provided by AUD and schedule Workshop 2. The purpose of this workshop will be to confirm current practices and review AUD’s sampling protocols and procedures for customer notification and public outreach. Workshop 3 will be held following the completion of the draft report. The purpose of this workshop will be to review the findings of the compliance review and recommendations in the implementation plan and receive any comments from AUD that are to be addressed in the final version of the report. Task 1 Assumptions • AUD will provide HDR a copy of their current Lead and Copper Sampling Protocol and any other available information requested by HDR in the information request. • Meetings will be held at AUD facilities. AUD will assist HDR with scheduling and reserving meeting venues. Task 1 Deliverables The following deliverables are included in Task 1: • Information request • Meeting presentation material and action items Task 2 – Compliance Review HDR has developed a summary matrix that contains the new requirements of the LCRR broken down into six key areas. HDR will populate the matrix based on the following six categories: • Identifying Areas Most impacted – This includes the requirements for the lead service line inventory. • Treatment Requirements – Review of AUD’s current treatment process and applicability within new rule. • Replacing Lead Service Lines – Discussion/summary of a what an LSL replacement plan would look like. • Increasing Sampling Reliability – Summarize revised testing requirements. • Improving Risk Communication – Identify requirements for public notice for both exceedances and annual reporting requirements, as well as other public outreach requirements. • Protecting Children in Schools and Child Care Facilities – HDR will provide a framework for development of a testing plan for schools and state-licensed child care facilities. HDR will review documents provided by AUD and use this matrix as a guide for the compliance review of the AUD’s current activities. Limited mapping will be provided to support this effort. HDR will prepare up to five GIS exhibits, to include the following: • Map of water service area boundaries – AUD will provide the GIS files that include the data as a shape file. • Map of homes with year water service was established – AUD will provide the GIS files that include the data as a field in the shape files • Map of current sampling areas – AUD will provide the GIS files that include the data as a field in the shape files and a list of addresses • Map of known schools and state-licensed child care facilities in the AUD’s water service area – AUD will provide GIS files that include the data as a shape file and a listing/locations of these facilities. • Map of schools and state-licensed child care facilities showing 20% annual sampling requirement – HDR will develop an example of a phased testing approach for the additional testing requirements. Task 2 Assumptions • AUD will provide HDR the GIS coverages listed above and any additional coverages requested. • There are no deliverables as part of Task 2. Task 3 – Compliance Review and Implementation Plan Report HDR will draft a report to summarize the findings of the compliance review and prioritize recommended compliance activities based on feedback from AUD. The final implementation plan will provide cost estimates for the recommended activities. The cost estimate will include both AUD’s internal costs (labor and materials) as well as external (consultants and contractors) over the compliance timeframe. This report will also include a review of potential sources of funding the new compliance program requirements under the LCRR. HDR will receive and address comments received based upon the review of the document by AUD and prepare a finalized version of the Report. Task 3 Assumptions • The Lead and Copper Rule Improvements (LCRI) have not been released. HDR will review the potential focus areas released by EPA for the LCRI and indicate how the implementation plan developed for AUD may be impacted. Task 3 Deliverables The following deliverables are included in Task 3: • Draft Compliance Review and Implementation Plan Report (electronic version) • Final Compliance Review and Implementation Plan Report (electronic version) that captures AUD’s review comments. Preliminary Schedule The anticipated duration for the proposed scope of services is approximately 30 weeks from Notice to Proceed (NTP). The target dates for the key milestones for the project are summarized below. A more detailed schedule will be developed following the review of the information provided by AUD in response to the HDR information request. Project Milestones Completion Date Kickoff Workshop 3 weeks from NTP Data Collection and Workshop 2 8 weeks from NTP Draft Compliance Review and Implementation Plan Report 26 weeks from NTP Workshop 3 28 weeks from NTP Final Compliance Review and Implementation Plan Report 30 weeks from NTP CONTRACT MODIFICATIONS The effect of these changes to the work plan is as follows: • Fee for LCRR Scope: $45,900 • Previous Work Plan Not to Exceed Authorized Amount: $430,080 • New Work Plan Not to Exceed Authorized Amount: $475,980 • Change in Contract Time: 30 weeks Approved by City of Augusta: _________________________ Date:_____________ Approved by HDR Engineering, Inc.: _________________ Date: _____________ Commission Meeting Agenda 11/1/2022 2:00 PM HDR Engineering, Inc. (HDR) Additional Services for a Compliance Review and Implementation Plan for the Lead and Copper Rule Revisions. Department:Utilities Department:Utilities Caption:Motion to approve proposal from HDR Engineering, Inc. (HDR) to provide additional services review and implementation plan for the EPA’s recent revisions to the Lead and Copper Rule. CH2M HILL 16.00 (Approved by Engineering Services Committee October 25, 2022) Background:The Lead and Copper Rule (LCR) was published in 1991 by EPA and was revised in 2007. In 2021, the rule was revised again and is effective as of December 16, 2021. The Lead and Copper Rule Revisions (LCRR) will affect utilities in multiple ways, implementing new testing requirements, treatment requirements, service line identification/replacements and additional public outreach/notification. The compliance date of the LCRR is October 16, 2024. However, the EPA has announced the development of a new regulation to strengthen the LCRR, the Lead and Copper Rule Improvements (LCRI). As these further revisions have not been proposed yet, they are not considered in the Compliance Implementation Plan; however, the potential revisions associated with the LCRI will be noted and discussed as part of the compliance review. CH2M HILL 16.00 Analysis:Augusta Utilities Department (AUD) wishes to have a document that will summarize how the new requirements of the LCRR affect their water system and its continued compliance with the LCR. The aforementioned additional scope will consist of performing workshops and desktop analysis to allow HDR Engineering, Inc. (HDR) to perform a compliance review that will look at AUD’s current activities and compare that to the requirements of the LCRR. HDR will use the compliance review findings to develop an implementation plan for AUD to comply with the LCRR. The implementation plan will include a timeline for compliance as well as cost estimates for the required compliance activities. Financial Impact:$45,900.00 funding is available from the following accounts: 507043490- 5212999/ 81900060-5212999 Alternatives:No alternatives are recommended. Recommendation: Recommend approval for Utilities Department to supplement HDR’s contract to perform the additional services in the amount of $45,900.00. Funds are Available in the Following Accounts: Funds are available in the following accounts: 507043490-5212999/ 81900060-5212999 REVIEWED AND APPROVED BY: SCOPE CHANGE AUTHORIZATION Project: Professional Services for Preparation of a Risk and Resiliency Assessment (RFP #19-282) Date Prepared: June 3, 2022 HDR Project No.: 10204315 Client: Augusta Utilities Department Project Manager: Stuart Jeffcoat Scope Change No.: 3 DESCRIPTION OF SCOPE MODIFICATIONS AND JUSTIFICATION The following changes to the scope of services included in the contract for the Preparation of a Risk and Resiliency Assessment executed on December 20, 2019 are hereby authorized: • Pressure alternatives analysis in the western district of the Fort Gordon water distribution system. The additional scope will consist of a detailed fire flow analysis of the Fort Gordon water distribution system in which fire protection requirements are analyzed for existing and future buildings. Two workshops and the technical memorandum summarizing the hydraulic model analysis will be prepared and submitted after certification of the pressure analysis for the Fort Gordon water distribution system. The technical memorandum will include alternatives to installing fire pumps for future buildings in the west district such as installing booster pump(s) and upsizing pipes in coordination with Fort Gordon. The pressure alternatives analysis will contain the following elements: • Available fire flow and residual pressure requirements review for existing and future facilities in the western district of the Fort Gordon distribution system • Strategies and operational procedures to improve the operating pressures of the Fort Gordon water distribution system and to reduce the number of fire pumps for future buildings • Available fire flow results for each building that requires fire protection at Fort Gordon • Equipment alternatives that may include booster pumps, tanks, and new pipelines • Conceptual cost analysis for each alternative • High level water age analysis • Regulatory requirements/standards review in coordination with AUD and Fort Gordon. HDR Engineering, Inc. (HDR) will use the following approved standards, manuals, and guidance documents for compliance: • M31: Distribution System Requirements for Fire Protection (AWWA Manual) • M32: Computer Modeling of Water Distribution Systems (AWWA Manual) • NFPA 1: Fire Code • UFC 3-230-01: Water Storage and Distribution • UFC 3-230-02: Operation and Maintenance: Water Supply Systems • UFC 3-600-01: Fire Protection Engineering for Facilities UFC 3-600-01 supersedes NFPA and other industry standards, except where not specifically addressed by the UFC. DETAILED SCOPE OF SERVICES FOR FORT GORDON PRESSURE ANALYSIS Task 1 – Pressure Alternatives Analysis The hydraulic analysis will utilize the water model that was recently updated for the infrastructure capacity analysis provided to HDR in July 2021. Augusta Utilities Department (AUD) is the utility service provided for the Fort Gordon water system, and fire protection is currently provided by the potable water system. As part of this distribution system modeling analysis, the following activities will be performed: • Model Update – The purpose of this task is to review the existing model, system demands, and operations and to update the water model as needed to support the pressure analysis. Available fire flow, residual pressure, and fire duration requirements will be reviewed for existing and future buildings. HDR will request fire flow requirements from Fort Gordon at the start of the project. Where information is unavailable, assumptions will be made based on building type and previous project experience. Before performing the fire flow analysis, system pressures and flow conditions will be evaluated for the maximum daily demand (MDD) scenario using available system data. • Alternatives Analysis – Once the model is updated with building specific fire flow requirements, alternatives will be evaluated with the objective of increasing pressure in the western district to avoid adding fire pumps for new facilities. At least two alternatives will be presented and may include a new booster pump station, pipe upsizing, and a separate fire system. Currently, fire protection is supplied by the potable water system. A conceptual cost estimate will be provided for each alternative. ADD and MDD conditions will be evaluated for each alternative, and a high-level water age analysis will be conducted. • Documentation and Summary - A model update and alternatives analysis summary with findings will be included in the Technical Memorandum. A conceptual cost estimate will be provided for the alternatives along with recommendations. Comments received on the draft TM will be incorporated into the final TM. Task 1 Assumptions • Two workshops are proposed and will be held at AUD facilities or via WebEx (or similar) for virtual meetings. • AUD will provide the following data required to execute Task 1: o Fire flow requirements for existing and future buildings including the available fire flow, residual pressure, and fire duration. o Future pipe infrastructure plans o Future building type/locations o DD Forms 1391 for existing and future buildings o Updated GIS data o SCADA data for master meters and elevated tanks o Pressure data or headlosses through the master meters between AUD and Fort Gordon may also be requested. This data can be generated by pressure testing with assistance from HDR to determine typical pressures on either side of these meters. o The AUD model will not be combined with the Fort Gordon model. Instead, boundary conditions will be used between the system to approximate conditions observed in the field. • If field testing is recommended for improved model performance, HDR will provide additional scope to assist with fire hydrant and pressure testing. Task 1 Deliverables The following deliverables are included in Task 1: • Meeting and workshop agendas and minutes • Draft Technical Memorandum (electronic version) • Final technical Memorandum (electronic and one physical copy) Preliminary Schedule The anticipated duration for the proposed scope of services is approximately two (2) months. The target dates for the key milestones for the project are summarized below. PROJECT MILESTONES Task Name Completion Date Kickoff Meeting One week after NTP Submit Draft Hydraulic Analysis TM 6 weeks after kickoff meeting Submit Final Hydraulic Analysis TM 8 weeks after kickoff meeting CONTRACT MODIFICATIONS The effect of these changes to the work plan is as follows: • Fee for Pressure Alternatives Analysis: $32,000 • Change in Contract Time: 9 weeks Approved by City of Augusta: _________________________ Date:_____________ Approved by HDR Engineering, Inc.: _________________ Date: _____________ DR A W I N G STA T US DR A W I N G I N F ORM A T I ON :HV W ' L V W U L F W : D W H U 6 \ V W H P 3UH V V X U H 6WX G \ 1 FO R T G O R D O N X DATEREVISION AU G U ST A UT I L IT I E S D E PA R T ME N T 45 2 W A L K E R S T R E E T , S U I T E 2 0 0 AU G U S T A , G A 3 0 9 0 1 t^d/^dZ/d WZ^^hZ^dhz CONSTRUCTION CONTRACT CHANGE ORDER PROJECT TITLE ORIGINAL CONTRACT DATE OWNER AUGUSTA, GEORGIA The following change is hereby made to the contract for the above proje,:t: Description of Change (for a more detailed description see attached proposal): TO PROVIDE, ADDITIONAL SERVICE,S FOR A STATER SYSTE,I\I STUDY OF FOITT GORDON'S WEST DISTRICT FORTHE UTILITIES DEPARTL,{ENT PA\'EE, TOTAL AN{OUNT OF THIS CII\NGE ORDE,R $ HDR ENGINEERING f crx..ruN,BER I aro rreu I DATE WATE* slSrEM sruD/-r%l 01-28-20 PROJECT NUMBER PO NUMBER 81900060 20uT7820 The contract time will be INCREASED by 0 calendar days as a result of this ,:hange. ORIGINAL CONTR-.\CT ANTOUNT $ PRE\TIOUS CFLA.NGE, ORDER (INCREASE) $ THIS CHANGE ORDER (INCREASE) $ TOTAL RE,YISED CONTR*A,CT ANTOUNT \XTTH CI]ANGE ORDER $ 32,000.00 249,680.00 226,300.00 32,000.00 507,980.00 FUNDING NUN{BE,R/ACCOUNT NUN{BE,R PROPOSED BY: REQUE,STED BY: SUBN{ITTED BY: 507043490 81 900060 5272999 5212999 FINANCE ENDORSEN{ENT: RECONfN,{ENDE,D BY: APPRO\TE,D BY: ADMINIS-I']LATOR CONTR.AC'TOR DATE: DATE: DATE: DATE: DATE: DATE: COT,{PTROI,I,ER MAYOR PURCHASE ORDER COHDITIONS - READ CAREFULLYI Th. rwcha*r rs cxcmot bv cltu. frofi payft cnt o, F.dc.al State_ ana, MunrdpatsBlei ?xose and othcr taxirs.2 Shipping charges prepard by €ndd3 P.ymmt sll be mad€ on @plet€ clapmentr onty. untess otheM* requeded4. OELIVERY nCKET MUST ACCOMpAtty 6OODS.5 No ba& orders r,^r'e wil reorda if awi abte6 Plers makr d.tiwrics betuaGn 9 A Lt .nct 4 pM7 All goodsie@ved srlh sbsequcnl onul!!€ lo tnspcd and rclurn ai Vcndor,scrper* tr deredr\€ or rot in 66pt.nc. StF oJ. scqidtrs!I lndoor delivery rlneessaryA P.Fenl Net 30 or aeo.ding to cmtad Sent bY: iil-i i 6 2020 tess Thompson REQUIS'T!ONER 2 oIXrI82 0 oL/28 /20 434 90 R327889 4202L IIDR ENGINEERING 1.201 PEACETREB STREE?, NE COT,ONY SQUARE, SUITE 5OOATLANTA, GA 30351 ATTN: co *1 8rD NUMBER: L9282 CoNTRACT#:20UTI8:20 BUYER: NAlfCy AUGUSTA, GEORGIA ACCOUNTING DEPARTMENT, SUITE 8OO535 TELFATR STREET, MUNtCtpAL BUILDING 1OO0AUGUSTA, GA 30901.2379 (706) 821-rt335 A].L.INVOICES ANO CORRESPONOENCE MUST BE SENT TOABovE AoDREss REGARoLEss or. sirpFinc' ri'eiiriiiiriin. AUGUSTA IITILITTES ADITIIN452 WAIJRER STREBTsurrE 200 AUGUSTA, GA 30901 000L 0002 EACH EACH PROF S1IES PREPANATTON Or ARISR & RESTI.TBTCE ASSESSMEIiI:T APPROVED BY COUMTSSIONLL/2O/L9, ITEM *33 507-04 -3490/52-L2999 CO *1: SCOPE ADDITToN PEASETO INCLT'DE A}I B(ERGENCY RESPONSE PIJA}IA APPROVED BY COMMISSTONL0/2o/2020, rrEM #24 507-04 -3490/52-12999 8rqoo0G0 - 5eu.qqq ."}&TBftAilC 249 , 680 .0 NET TOTAL.,430, 080 . 0 249,690.0 L80,400.0 1of1 PROCUREMENT O'RECTOR Title ;3[:ffiffiring' lnc' (HDR) Additional services for a water system study of Fort Gordon,s wesr Utilities - Wes Byne Caption HDR Engineering' lnc' (HDR) Additional services for a water system study of Fort Gordon,s west District for the UtiritiesDepartment Background ln coordination with Fort Gordon DPW, AUD proposes to evaruate the water system in Fort Gordrn,s west District. Thestudy will focus on possible improvements to the system to improve pressure in coordination with the fire protection systemffiHTil:l'lt":::tTr:[:J;:iff"",iff11,1]Il',ll; LrDR currenrv provides water svstem modering services ror AUD, Analysis It would be efficient for HDR to perform the study as an additionar service to their current contract for s32,o00.o0 as detaitedin their proposal. Summary s32,0oo'oo funding is avairabre from the forowing accounts: 5070434go-521,2ggg/g1.900060_5 212ggg Alternatives No alternatives are recommended. Recommendation n:;ffir"i:JJ;:#tt Utilities Department to supplement HDR's contract to perform the additionatservices in the Funds nt""fiI;ir';:JJ3:#t,.Utilities Department to supplement HDR's contract to perform the additirrnatservices in the District for the Utilities Commission Meeting Agenda 11/1/2022 2:00 PM HDR Engineering, Inc. (HDR) C0 #3 Additional Services for a Water System Study of Fort Gordon’s West District for the Utilities Department Department:Utilities Department:Utilities Caption:Motion to approve proposal from HDR Engineering, Inc. (HDR) to provide additional services for a water system study of Fort Gordon’s West District for the Utilities Department. CO #3 - 20UTI820 (Approved by Engineering Services Committee October 25, 2022) Background:Augusta Utilities Department (AUD) is the contracted water, sanitary sewer, and non-potable irrigation utility provider for Fort Gordon, which is undergoing a post-wide transformation with new construction and renovation projects as the Cyber Center of Excellence. Fort Gordon’s growth is driving numerous AUD water and sanitary sewer projects. In coordination with Fort Gordon DPW, AUD proposes to evaluate the water system in Fort Gordon’s West District. The study will focus on possible improvements to the system to improve pressure in coordination with the fire protection system needs for existing buildings and for development planning. HDR currently provides water system modeling services for AUD, and the model is a good application to perform this evaluation. Analysis:It would be efficient for HDR to perform the study as an additional service to their current contract for $32,000.00 as detailed in their proposal. Financial Impact:$32,000.00 funding is available from the following accounts: 507043490- 5212999/ 81900060-5212999 Alternatives:No alternatives are recommended. Recommendation:Recommend approval for Utilities Department to supplement HDR’s contract to perform the additional services in the amount of $32,000.00. Funds are Available in the Following Accounts: Funds are available in the following accounts: 507043490-5212999/ 81900060-5212999 REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/1/2022 2:00 PM State Highway System Revisions in Augusta-Richmond County State Route 415 Access Roads (County Roads 1913 & 1912) Windsor Spring/I-520 Access Segments (Ramps) File Reference: 22-014(A) Department:Engineering Department:Engineering Caption:Motion to receive as Information. Approve State Highway System Revisions in Augusta-Richmond County: State Route 415 Access Road (County Road 1913 and 1912). Requested by Engineering. (Approved by Engineering Services Committee October 25, 2022) Background:GDOT records indicate that subject access roads were turn over to Richmond County during the early 1990’s, however, GDOT is not successful finding the specific order. These roads are providing I-520 (Bobby Jones) to and from access for Windsor Spring Road. State ownership needs to be established in order for GDOT to support roadway improvements project for State Route 121 (Peach Orchard). Analysis:Action by GDOT Commissioner approving State Highway Systems Revision was warranted to document state ownership of State Route 415 Access Roads. It also establishes maintenance of these road-segments GDOT responsibility. Financial Impact:N/A Alternatives:N/A Recommendation:Receive as Information. Approve State Highway System Revisions in Augusta-Richmond County: State Route 415 Access Road (County Road 1913 and 1912). Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: commission Meeting Agenda commission chamber - l0figtz022 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 LTNITED STATES OF AMERICA. The Supreme Court of Georgia A. The Supreme Court of Georgia hereby presents the Augusta-Richmond County Commission with thisCertificate of Appreciation for making the Court's special oral argument session in the Augusta Judicial Circuit a success. Made Seconded MotionBy By Result Presentation of the Certificate of Appreciation is made. Five (il minute time limit per delesation DELEGATIONS B. Mst Monique Braswell to discuss her Annual Feast Before Feast Dinner in partnership with Augusta Parks and Recreation Department. @equested by Commissioner Francine Scott) SKM C65822101310460.pdf I temAplrrovalSheet.html Motions Motion Motion TextI ype SX\l C658221013 1040l.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By f"'r|i| Item Action: None Item Action: None C. Presentation is made by Ms. Braswell' Messrs. Roderick Pearson and Jason Beard regarding Community. SKNI C65822101310400.odf ItemAnn rovalSheet.html Motions Motion Type Motion Text concerns about the violence in the Aumond Item Action: None Item Action: Approved Made By Seconded By HJil Presentation is made by Mr. Pearson. CONSENT AGENDA (Items l-27) PLANNING 1. FINAL PLAT - CARMELITA PLACE - 5-968 - A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Steve Bargeron and Associates requesting final plat upp.orul 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 CARMELITA PLACE.pdf JtemApprovalSheet.html Motions Motion Motion Textrype Motion to Approve approve. Motion Passes 9-0. Made By Commisioner Sean Frantom Seconded By Motion Result Commissioner Brandon passes Garrett 2. FINAL PLAT - IIAYNES STATION SECTION 15 - 5-965 - A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Cranston Engineering Group requesting fina-l plat approval for Haynes Station Sec. 15. This final plat will cover 26 residential lots and is located at56t Jensen Lane. Tax Map #064-0-154-00-0. DISTRICT 3 Item Action: Approved HAYNES STATIO\ SECl5.Pdf ItemApprovalSheet'html Motions Motion Motion Text'l'vne Motion to Approve approve. Motion Passes 9-0' Made By Commisioner Sean Frantom Seconded By Commissioner Brandon Garrett Motion Result 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-l(e) of the Comprehensive Zoning Ordinance affecting property containing approximately0.39 acres located at 1840 Phiniry Road. Tax Map #144-0-016-00-0. DISTRICT 6 l. TheCongregate Personal Care Home business license musf be permanently closed.2. A business licensewill 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 areallowed to stay overnight at the Adult Day Care Facility. 5. tf ihe Augusta Fire Dept. allows anoccupancy of greater than 20 clients additional parking spaces to meet the rlquired 1 space for each 4 clients at maximum occupancy shall be provided. Seconded By Seconded By Motion Result Motion Result Item Action: Approved Item Action: Approved Item Action: Approved SE-22-09.pdf ItemAnnrovalSheet.html Motions *j1"" Motion Text Made Byr ype Motion toApprove approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Brandon passesGarrett 4. LZ2'53 - A request for concuffence with the Augusta Georgia Planning Commission to approve apetition by Donte Davis - requesting a rezoning from Zone R-lC (One-Family Residentialf io ZoneR-2 (Two-Family Residential) affecting properties containing approximately 0.3 acres locate d ut 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 I 1. The three properties shall be recombined into two parcel and recorded in theClerk of Superior Courts office prior to submittal for site plan approval-. 2. The builder shall incorporate Old Augusta Character into the architectural elevations of tlie front facades of the buildings tobe 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 theproperty. 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. 2-22-53.odf ItemAppror alSheet.html Motions *j:" Motion Text Made Byrype Motion toApprove approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Brandon passesGarrett 5. Z'22-54 - A request for concurrence with the Augusta Georgia Planning Commission to approve apetition by Allen-Batchelor Construction Co., Inc. on behalf of Highland RiJge Investment partneis, LLC- requesting a rezoning from Zone A (Agricultural) to Zoie B-2 (General Business) affectingproperties containing approximately 14.91 acres locate d, at ll25 and 1145 interstate parkway. Tax Map#029-0-043-00-0 and 029-0'044'00-0. DISTRICT 31. Augusta Traffic Engineering requires a trafficassessment or study to determine whether existing roadways need additionui i-p.oui-.ntr. Decisions made by the Traffic Engineer shall be adhered to. 2. This project shall comply with all developmentstandards and regulations set forth by the City of Augusta, CA it the time of development. 6. L22-55 - 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 iezoning from Zone R-l (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.-DI-STRICT 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-I. 2. This project shall comply with all development standards and regulations set forth by the City of Augusta, Georgia at the time of development. 7-22-54.pdf I temAoorovalSheet. htm I Motions Motion Motion Textrype Motion to Approve approve. Motion Passes 9-0. Made By Commisioner Sean Frantom Seconded By Commissioner Brandon Garrett Seconded By Seconded By Commissioner Brandon Garrett Motion Result Passes Motion Result Motion Result Passes Item Action: Approved Item Action: Approved L22-55.pdf I tem A p n rovalS heet.h tm I Motions |Iotion Motion Text Made By'l'ype Motion to Approve approve. Motion Passes 9-0. Commissioner Brandon passes Garrett Commisioner Sean Frantom 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 lNeig6Uortrood Business) and Zone Ll (Light Industrial) to Zone B-2 (General Business) affecting prop.rty containing approximately 2 acres out of a 4.69-acre tract located at 1602 Gordon Highway. irortionof 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 ttris 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. Z-22-56.odf I temA p provalS h eet. htm I Motions Motion1i""'"" Motion TextType Motion to Approve approve. Motion Passes 9-0. Made By Commisioner Sean Frantom PUBLIC SERVICES 8. Motion to approve a$2,251,230.00 increase of 2022 Airport budget to fund July-December aircraft fuel Item expense. Approved by the Augusta Aviation Commission on September 28, 2022. (Lpproved by Public Action: Services Committee October 11,2022) Approved I temA p p rov a lS heet. h tm I Motions *j:" Motion Text Made By seconded By MotiontYPe Result Motion to commisioner Sean Commissioner Brandon passesApprove iff,1""lr"r"rses 9_0. i*,r,o- Garrett 9. Motion to approve New Ownership/Existing Location: A.N. 22-72: A request by Denzel Larry for a ltem consumption on premise Liquor, Beer & Wine License to be used in connection with Luxe located at Action: 813 Broad Street. District l. Super District 9.(Approved by Public Services Committee October 11, Approved 2022) AN-22-72.pdf ItemApprovalSheet,htmI Motions ['o:1" Motion Text Made By seconded By Motionrype - ----- -J Result Motion to Commisioner Sean Commissioner Brandon passesApprove illi"#."rses e-0. iiunto- Garrett 10. Motion to approve New Ownership/Existing Location: A.N. 22-74: A request by Ileshkumar Patel for Item a retail package Beer & Wine License to be used in connection with Neighborhood Store located at Action: 2849 Lumpkin Road. District 5. Super District 9.(Approved by Public Services Committee October Approved 11,2022) AN-22-7.l.pdf ItemA p n rova lS h eet. h tm I Motions Motion Motion Text Made By Seconded By Motion TYPe arr4uv uJ \'Err'rruEtr l'J ReSUlt Approve ilr,|ij*:" commisioner Sean commissioner Brandon passes tvtotio, passes ,-0. Frantom Garrett 11. Motion to approve request to enter Phase VI contract with MCCi,LLC as a sole source vendor for the Itemamount of 'not to exceed $100,000.00' for the purpose of digitizing and indexing historic building Action:plans. (Approved by Public Services Committee October 11,2022) Approved MCCI- Scannine 2022.pdf Sole SOurce MCCI.pdf ItemAporovalSheet.html Motions Y:j*i' Motion Text Made By seconded By fffi|'l'ype Motion to commisioner sean commissioner BrandonApprove approve. ;-^:;:; (ranatl rasses ilIii", p*ses 9-0. Frantom Garrett 12. Motion to approve New OwnershiplExisting Location: A.N. 22-75: A request by Shova Dhakal for a Item retail package Beer & Wine License to be used in connection with Aman Food Mart located at 2078 Action: Old Savannah Road. District 2. Super District 9.(Approved by Public Services Committee Approved October 11,2022\ AN-22-75pdf.pdf ItemAnnrovalSheet.html Motions Motion Motion Text Made By seconded By f"".ti,"'r'ype Motion to commisioner Sean commissioner BrandonApprove approve. ;--^:.^: - ;^;:;-- Passes ,#3i,"Jtt"rses 9-0. Frantom Garrett 13. Motion to approve entering into a lease agreement with the Augusta National, Inc. for the usage of the Item parking lot at Eisenhower Park during Masters week with the first year to be $3,750.00.(Approved by Action: Public Services Committee October 11,2022) Approved 2022-18-10 Lease Agmt. Aueusta-National-and Augusta Recreation.pdf ItemAprr rovalSheet.html Motions Y:j*lon Motion Text Made By Seconded By f"'.ii,"'l'ype Motion to Approve ;il;r:; F;T-*t"'er sean commissioner Brandon Passes Motion Passes 9-0. ' 14. Motion to approve amending the code for Tiny House Construction: Adopt Georgia State Minimum Item Standard Codes for Tiny Houses.(Approved by Administrative Services Committee October 11, Action: 2022) APProved Apnendix Q Draft Ordinance.docx tinv house anpendix.ndf ItemApprovalSheet,htm I Motions Motion Motion Text Made By Type Motion toApprove approve. Motion Passes 9-0. Seconded By Seconded By Made By Seconded By Commissioner Brandon passesuarretl Commisioner Sean Frantom Motion Result Motion Result Motion Result ADMINISTRATIVE SERVICES 15. Motion to approve the purchase of one 2022KubotaSLY97-2 Compact Tracked Steer Loader at a total Item cost of $77'295.00 to include the optional heavy duty rotary cutter attachment from J & B Tractor of Action: Augusta, GA (Bid 22-264) for the Richmond County Sheriff s Office-Training Range.(Approved by Approved Administrative Services Committee October ll, 2022) 9-20-2023_RCSO Funds_xfer_ap rrroval.pdf Invitation to Bid.docx 22-261 OFFICIAL TAB SHEET.pdf 22-26.I Denartment Recommendation of Award.rrdf 22-26,1 Plan holders List.ndf I temAp provalSheet.htm I Motions ['oj:" Motion Text Made ByI ype Motion to Approve approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Brandon passes Garrett 16. Motion to approve the following items regarding the Gold Cross contract; 1) remove the ORV for Gold Item Cross 2) set the term of the contract for three years with two one-year renewal terms approved by the Action: Commission; 3) remove the six months for Gold Cross to come into compliance for ambulances or Disapproved 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 l, 2023 6) and provide a subsidy of $900,000 to Gold Cross. (Approved by Administrative Services Committee October ll, 2022) 2022-27-09 Gold Cross Draft Contract 08292022.pdf ItemAprrrovalSheet.htm I Motions Motion Motion Textrype Motion to approve the original contract presented by the Administrator with a subsidy of $1.5 million dollars. Voting No: Commissioner Ben Hasan, Approve CommissionerJordanJohnson, Commissioner Francine Scott, Commissioner Bobby Williams, Commissioner Dennis Williams. Motion Fails 4-5. Commissioner Brandon Garrett Commissioner Catherine Smith- McItuight Fails Motions X|j:' Motion Text Made By Seconded By ffitjilrype Substitute motion to approve the agenda item as presented. Voting No: Commissioner John Clarke, ^ Commisioner Sean Frantom, Commissioner Commissioner Commissioner rr^:rApprove Brandon Garrett, Commissioner Ben Hasan Jordan Johnson ralts Catherine Smith-McKnight, Commissioner Dennis Williams. Motion Fails 4-5. Motions X::' Motion Text Made By Seconded By HXilrype Motion to approve reconsidering this item ^ and approve a motion for the original Commissioner CommissionerAooroveagenda item with a subsidy of $l million Francine Scott Jordan Johnson dollars. Motions Motion Motion Text Made Seconded Motion Type By By Result Mr. Frantom objects to the combining of the motions to reconsider the item and approving the item with a subsidy of $l million dollars. Motions X::' Motion rext Made By seconded By fjf;i,Ilrype Motion to approve reconsidering the item. Voting No: Commissioner John Clarke, ra Aoorove commisioner Sean Frantom. :o'Tlssloner uommlssloner PassesFrancme Jcon Joroan JonnsonCommissioner Catherine Smith-McKnight. ^ Motion Passes 6-3. Motions X]j:' Motion Text Made By Seconded By fffilI ype Motion to approve to approve the item as presented with an annual subsidy of $l million dollars. Voting No: Commissioner John Clarke, ^ ^Approve commisioner Sean Frantom, Commissioner Lommlssloner uommlssloner '- 'r Brandon Garrett, commissioner Francine Scott Ben Hasan ralls Catherine Smith-McKnight, Commissioner Dennis Williams. Motion Fails 4-5. Motions X:]o' Motion rext Made By Seconded By fJJi,'. rype Approve Substitute motion to approve removing Commissioner Commissioner Fails condition #1, keep condition #2, change Brandon Garrett John Clarke condition #3 to 3 months to come into compliance, remove condition #4 andprovide 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 P.FQ 22-272 to prepare Construction Documents for construction Item of New RCCI to [PG, Incorporated - Architects & Planners of Valdosta, GA in the amount of $82,500 Action: for Phase I (preliminary design) and 7% of construction costs for Phase II. (Approved by Approved Ad m inistrative Services Com m ittee October ll, 2022) IPG Proposal 6 Sept 2022 - Nerv 22-272 RCCI.rrdf Advertisement for Patrer.docx 22-272 OFFICIAL TAB.xls 22-272 Cumulative_Phase II .odf 22-272 Department Recommendation to Award - Negotiate.pdf 22-272 Plan Holders.pdf FYl_Process Resardine RFOs.pdf ItemAnprovalSheet.html Motions Motion Motion-----'- Motion Text Made By Seconded By'l'YPe -''--- -r Result Motion to^ (-tommisioner Sean Commissioner Brandon passesAPProve uBPto"- Frantom GarrettMotion Passes 9-0. ' 18. Motion to approve Augusta, Georgia's acceptance of Emergency Solutions Grant Reallocated funds Item from the U.S. Department of Housing and Urban Development (HUD) in the amount of $301,400 .57 to Action: provide funding for services to residents experiencing, or at-risk of experiencing, homelessness and Approved instruct the Finance Department to add available funding to HCDs budget (upon receipt) for immediate use and implementation.(Approved by Administrative Services Committee October 11,2022) ESG CV Reallocation Grant Asreement_-_Auqusta-Richmond Countv GA.ndf ESG CY Final A$ard Letter Reallocation - Aueusta-Richmond Countv GA.pdf ItemAnnrovalSheet.html Motions Motion r, ,.._ m-__1 rr r h Motion;----- Motion Text Made By Seconded Byrype - ----- -r Result Motion toApprove "pp.orl." Commisioner Sean Commissioner Brandon passes Motion passes 9-0. Frantom Garrett 19. Motion to approve five (5) Rehabilitation Projects in partnership with Legacy 4 Construction (3) and Item Butler's Home lmprovement (2).(Approved by Administrative Services Committee October 11, Action: 2022) Approved HCD Rehab Sample Contract.docx ItemApprovalSheet.html Motions Y:j*l"" Motion Text Made By't'vpe Seconded By Motion Result Motion toApprove uRi&a F;T-*t"'er sean commissioner Brandon passes Motion Passes 9-0. - PUBLIC SAFETY 20. Motion to amend the FY2022 Adopted Budget to accept a $20,000.00 lump sum award from SUGA Item Education, Training & Development, Inc. for staff software training. (Approved by Public Safety Action: Committee October 11, 2022)Approved 2022 SIIGA Grant Award and Approval.pdf PR000378 - Approval.ndf ItemAoprovalSheet.html Motions Motion Motion Text Made By seconded By Motion Type Result Motion toApprove ;d&a F;T-*t"'er Sean commissioner Brandon passes Motion Passes 9-0. ' 21. Motion to approve ARP Funds in the amount of $3,000,000 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: 2022budget. (Approved by Public Safety Committee) Approved ItemApprovalSheet.html Motions *i:" Motion rext Made By seconded By fJrtii,"rype Motion to approve with an allocation of $4 million dollars for the Fire Department. Voting No: Commissioner John Clarke, A-,-----t Commissioner Approve ::nmmjjf":*t3"., ;:Iffi:"l;,'' ffi,Hil;'*nn- Fails Commissioner Jordan Johnson. Motion Fails 5-4. Motions Motion Text Made BY Motion Seconded MotionTYPe By Result Substitute motion to approve with an tApprove allocation of $5 millio, oorrurc ior,'rr" rirc commissioner Dies for lack Department. John clarke of Second Motions Motion;""*" Motion Text Made By Seconded By fJ.Til'rype Substitute motion to approve an allocation of $3 million dollars for the Fire Department. Voting No: Commissioner John Clarke, Approve commissioner Ben Hasan, commissioner commissioner commissioner Fails catherinesmith-McKnight,commissioner BrandonGarrett Francinescott Dennis Williams. Motion Fails 5-4. Motions Motion Motion Text Made By seconded By f;ii|rype Motion to approve reconsidering this item with an allocation of $3.5 million dollars for the Fire Department. Approve .:XX,::*:;,',:'lii,if-fi?ff;*, flT#:'l"":T ;:rfiH';*' passes Commissioner Dennis Williams. Motion Passes 6-3. 22. Motion to approve acceptance of a grant award for the Richmond County Juvenile Court in the amount Item $100,000 awarded from the Criminal Justice Coordinating Council for the continuation of the VOCA Action: grant for juveniles. (Approved by Public Safety Committee October 12,2022) Approved VOCA AWARD.pdf ItemApprovalSheet.html Motions Motion Motion Text Made By seconded By Motion Type eELU,lrEtr -t''J Result Motion toApprove *ffi.- Commisioner Sean Commissioner Brandon passes tr40tion passes ,-r. Frantom Garrett 23. Motion to accept funds from FY 2l2l FEMA Staffing for Adequate Fire and Emergency Response Item(SAFER) in the amount of $4,928,040.(Approved by Public Safety Committee October 11,2022t Action: Approved Arvard Letter.pdf PR000340.pdf ItemApprovalSheet.htm I Motions Motion Type Motion Text Made By Motion toApprove approve. Motion Passes 9-0, Commissioner Brandon passes Garrett Seconded By Motion Result Commisioner Sean Frantom 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 SGl\{ Printe122092808370.ndf I temAo o rov a lS heet. htm I Motions Motion Motion TextType Motion to Approve approve. Motion Passes 9-0. ENGINEERING SERVICES Motions Motion::""'".. Motion Text't'ype Motion to Approve approve. Motion Passes 9-0. Commissioner Brandon passes Garrett 25. Motion to approve Intergovernmental Agreement for design, construction and financing of rail spur Item between Augusta, Georgia and Development Authority of Augusta, Georgia. (Approved by Action: Engineering Services Committee October 11,2022) Approved Intergovernmental Agreement-Attachments.pdf ItemApprovalSheet.htm I Made By Commisioner Sean Frantom Made By Commisioner Sean Frantom Commissioner Brandon passes Garrett Seconded By Seconded By Motion Result Motion Result Motion Result Passes 26. Motion to approve supplement funds in amount of $147,689 to be added to awarded Bid to Yancy Item Brothers for Landfill Compactor Purchase. Bid 22-190 / Requested by AE&ESD. (Approved by Action: Engineering Services Committee October 11,2022) Approved Yancer,-Revised-Ouote.ndf Bid Tab 22-190.rrdf 'i ancev Email \otification-Price-lncreae.ndf Aeenda ltem 22-190 - Item #43.odf ItemAnprovalSheet.html Motions f#:'" Motion rext Approve Made By Seconded By 27. Motion to approve minutes of the held October 11,2022. Motion toApprove approve. Motion Passes 9-0. *,T,T*END CONSENT AGENDA**** AUGUSTA COMNIISSION 10fi8/2022 Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Brandon Garreff Seconded By Commissioner Brandon Garrett Regular Meeting held october 4,2022 and the special called Meeting ltem Action: Approved Resular Commission N{eetine October 4 2022.pdf Called_Commission_l\Ieeting Octoher_I I 2022.pdf I tem Ap n rovalSh eet. htm I Motions X:':I' Motion Text Made Byr ype Commisioner Sean Frantom Motion Result Passes AUGUSTA COMNTISSION REGULAR AGENDA 10fi8t2022 (Items 28-32) 28. Z'22-57 - A request for concurrence with the Augusta Georgia Planning Commission to deny a petition Item by Beazley Development Co. Inc on behalf of GA Baptist Children's Homes, Poplar Group, LLC and Action: Michelle Atkins, Julie & Walter Golosky - requesting a rezoning from Zone A (Agricultural) and Rescheduled Zone R-l (One-Family Residential) to Zone R-lD (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 Z 22-57.odf ItemApprovalSheet.html Motions Motion Type Defer Motion Text Motion to refer this item back to the Planning Commission. Motion Passes 9-0. Made By Commisioner Sean Frantom seconded By f-'.tjil Commissioner Ben PassesIlaSan PUBLIC SERVICES 29. Motion to approve New Ownership/Existing Location: A.N. 22-73: A request by Deep Patel for a retail Item package Beer & Wine License to be used in connection with Lotto World #15 located at2502 Lumpkin Action: Road- District 5. Super District 9.(No recommendation from Public Services Committee October 11, Approved 2022) AN-22-73.pdf ItemAn n rova lS h eet. htm I Motions Motion Type Motion Text Made By Seconded By fjtji| Approve M:|ffi f"3XJJ!13. Commisioner Sean Frantom Commissioner Ben Hasan Passes ADMINISTRATIVE SERVICES 30. Update from by Director Hawthorne Welcher regarding Emergency Assistance Program. (Requested by Item Commissioner Francine Scott) Action: Approved SKM C65822101310410.pdf I temAn p rovalSh eet. htm l Motions Motion Made Seconded Motion i;;" Motion Text By By Resuu 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 ItemApp rovalSh eet. h tm I Motions Y.|j:" Motion Text Made By seconded By f*frype Motion to approve holding a workshop on Wednesday, October 26 at 10:00 a.m. for c, ^ Commissioners to begin discussing the budget Commisioner Commissioner Approve Il"0 *,.n a discussion of the enterpiise tunds ;#;;;;; fifl[',';;tn,nn- Passes to be included first. Motion Passes 9-0. ADDENDUM 32. Motion to adopt Resolution of Condolences for the late State Representative and Chairman of the ltem Augusta Legislative Delegation Hon. Henry "Wayne" Howard. Action: Approved ItemApnrovalSheet.html Motions Motion Motion Text Made Seconded MotionrYPe By By 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. Upcoming Meetings Item Action: None www.augustaga.gov CALLED MEETING COMMISSION CHAMBER October 25,2022 Augusta Richmond county commission convened at u:00 a.m., Tuesd ay, october 25,2022, the Honorable Bobby Williams, Mayor pro T;;;residing. PRESENT: Hons. Johnson, Garrett, Mason, Frantom, Scott, McKnight, D. wlriams,Hasan and clarke, members of Augusta Richmond c;"rry commission. ABSENT: Hon. Hardie Davis, Jr., Mayor. 1. LEGAL MEETING A. Pending and potential litigationB. Real estate C. Personnel Mr' Brown: Mayor Pro Tem, Commissioners, we request a motion to go intoexecutive session for the discussion of real estate, personnel, pending and potential litigation. Mr. Garrett: So moved. Mr. Hasan: Second. IVIr. B. Williams: Are you ready, Ms. Bonner? The Clerk: yes, sir. Mr. B. Williams: Voting. Mr. Mason and Mr. Frantom out. Motion carries 8-0. IEXECUTTVE SESSTON] 2' Motion to authorize execution by the Mayor of the affidavit of compliance withGeorgiars Open Meeting Act. Mr. Frantom: So moved. Mr. Johnson: Second. Mr. B. Williams: you ready to vote, Ms. Bonner? The Clerk: yes, sir. Mr. B. Williams: Voting. Ms. McKnighf Mr. Mason and Mr' Garrett out' Motion carries 7-0. [MEETING ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certiff that the above is a true and correct copy of the minutes of the Called Meeting of the Augusta Richmond County Commission held on October 25,2022. Clerk of Commission Commission Meeting Agenda 11/1/2022 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 18, 2022 and the Special Called Meeting held October 25, 2022. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Augusta Transit Bus Acquisition Motion: Motion to approve the purchase of 3 buses from Hillsborough Transit Authority, not to exceed $90,000, and enter into an Intergovernmental Agreement with ACCGov (Athens-Clark County) Transit to utilize 3 busses from their spare fleet for 12 months. Background: Augusta Transit (AT) has busses on order yet is experiencing delays in service. Our current fleet of 29 vehicles has 11 out of service. The busses proposed will enable AT to provide needed services to our citizens in a timely fashion. HART a. 2009 Gillig 40' LF 180,000 miles b. 2009 Gillig 40'LF 206,788 miles c. 2009 Gillig 40' LF 250,000 miles Athens-Clarke a. 2009 Gillig 40' LF b. 2011 Gillig 40' LF c. 2011 Gillig 40' LF Analysis: Current contractor, RATP DEV will contribute $30,000 towards the purchase. Reducing Augusta's costs Financial Impact: No more than $90,000 funded by use of TIA discretionary funds Alternatives: Do not approve the purchase of 3 buses from Hillsborough Transit Authority, not to exceed $90,000, and enter into an Intergovernmental Agreement with ACCGov (Athens-Clark County) Transit to utilize 3 busses from their spare fleet for 12 months. Recommendation: Motion to approve the purchase of 3 buses from Hillsborough Transit Authority, not to exceed $90,000, and enter into an lntergovemmental Agreement with ACCGov (Athens-Clark County) Transit to utilize 3 busses from their spare fleet for 12 months. Commission Meeting Agenda 11/1/2022 2:00 PM Transit Department Transportation Needs Department: Department: Caption:Discuss Augusta Public Transit Department's transportation needs. (Requested by Mayor Pro Tem Bobby Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/1/2022 2:00 PM Flock Security Camera Enhancements Department: Department: Caption:Motion to approve the use of $300,000 from ARP balance for flock security camera enhancements. (Requested by Mayor Hardie Davis, Jr.) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/1/2022 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: