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Home My WebLink About2018-06-05 Meeting MinutesCommission Meeting Agenda Commission Chamber - 6/5/2018 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Jefferson, Guilfoyle, Sias, M. Williams, Davis, Fennoy, D. Williams, Hasan and Smith, members of Augusta Richmond County Commission. Absent: Hon. Frantom, member of Augusta Richmond County Commission. INVOCATION:Reverend Robert E. Donaldson, Asst. Pastor Mount Vernon Missionary Baptist Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) Judge Carl C. Brown, Jr. A. Honorable Carl C. Brown, Jr., Chief Judge Superior Court, relative to recognizing the Augusta Commission with a Certificate of Appreciation. Item Action: None ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made to Augusta Commission members by Judge Flanagan. Mt. Calvary Girl Scout Troup 20724 B. Acknowledge Girl Scout Troop 20724 on the occasion of earning their Government Badge. (Requested by Commissioner Dennis Williams) Item Action: None ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Girl Scout Troop 20724 is recognized for receipt of their Government Badges. Five (5) minute time limit per delegation DELEGATIONS C. Mr. Seve Adigun regarding a proposal to assist with the Paid Parking/Parking Meter Initiative. Item Action: None Seve_Adigun_6.5.18.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made by Mr. Adigun. D. Mr. Raheem J. Ramsey speaking on behalf of the Vape Community regarding the proposed ordinance to restrict smoking. Item Action: None Raheem_J._Ramsey_Smoking_Ordinance_6.5.18.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made by Mr. Ramsey. E. Mr. Clint Martin speaking on behalf of the CSRA Food and Beverage regarding the proposed ordinance to restrict smoking. Item Action: None Clint_Martin_Smoking_Ordinance_6.5.18.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made by Mr. Martin. F. Mr. Tracy Ferris regarding the effect of the proposed smoking ordinance on the coin operated amusement industry in Augusta-Richmond County. Item Action: None Tracy_Ferris_Proposed_Smoking_Ordinance.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made by Mr. Ferris. CONSENT AGENDA (Items 1-29) PUBLIC SERVICES 1. Motion to approve New Location Application: A.N. 18-17: request by Pamela Smith for a retail package Beer & Wine License to be used in connection with Fred's Stores of Tennessee, Inc. d/b/a/ Fred's Store #1930 located at 2872 Tobacco Road. District 8. Super District 10. (Approved by Public Services Committee May 29, 2018) Item Action: Approved A.N._18-17.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Mary Davis Commissioner Sammie Sias Passes 2. Motion to approve New Ownership Application: A.N. 18-18: request by Young Hi Han for a retail package Liquor, Beer & Wine License to be used in connection with JulyKiss Co, Inc. d/b/a Kissingbower Liquor Store located at 1773 Kissingbower Road. District 2. Super District 9. (Approved by Public Services Committee May 29, 2018) Item Action: Approved A.N._18-18.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Mary Davis Commissioner Sammie Sias Passes 3. Motion to approve New Ownership Application: A.N. 18-19: request by Maritza Ramos Castro for a retail package Beer & Wine License to be used in connection with Dabraham, LLC located at 1959 Kissingbower Road. District 2. Super District 9. (Approved by Public Services Committee May 29, 2018) Item Action: Approved A.N._18-19.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Mary Davis Commissioner Sammie Sias Passes 4. Motion to approve New Ownership Application: A.N. 18-20: request by Sayed Mirwais Haydary for a retail package Beer & Wine License to be used in connection with Sayed MH, Inc. d/b/a Grab N Go located at 2160 M L King Jr Blvd. District 2. Super District 9. (Approved by Public Services Committee May 29, 2018) Item Action: Approved A.N._18-20.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Guilfoyle out. Motion Passes 8-0. Commissioner Marion Williams Commissioner Ben Hasan Passes 5. Motion to approve playground equipment purchase for the Bernie Ward Community Center as part of RFP Item #17-275 for $124,000. (Approved by Public Services Committee May 29, 2018) Item Action: Approved Bernie_Ward.pdf 17-275_RFP_sent_to_newspaper_revised.pdf RFP_Tab_official_17-275.pdf Process_Regarding_RFPs.pdf Compliance_Information_All_Vendors.pdf Mail_List_and_Demandstar_Planholders.pdf 17-275_MPB.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Marion Williams Commissioner Mary Davis Passes 6. Motion to approve to enter into Phase III contract with MCCi, LLC as a sole source vendor for the amount of ‘not to exceed $85,000.00’ for the purpose of digitizing and indexing historic building plans. (Approved by Public Services Committee May 29, 2018) Item Action: Approved Scanning_project_Sole_Source_20180515.pdf Scanning_Project_Augusta_-_Richmond_County,_GA_ScanningProposalRefresh_(FINAL)_20180515.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Mary Davis Commissioner Sammie Sias Passes 7. Motion to approve amendments to the Augusta, Georgia Code, Title 4, Chapter 2, Article 2, Litter Control, Section 4-2-9 Littering Streets and Sidewalks Prohibited so as to provide regulations prohibiting the placing of posters, signs and advertisements on any public property; and delete the section titled ‘Tiered Fee Schedule’. (Approved by Public Services Committee May 29, 2018) Item Action: Approved Signs_in_the_R-O-W__ordinance_revisions___20180302.docx Litter_Ordinance_signs_in_the_R-O-W_as_amended_20180510.docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Mary Davis Commissioner Sammie Sias Passes 8. Motion to approve the purchase of a System for the New Transit Operation and Maintenance Facility from Stertil-Koni. (Approved by Public Services Committee May 29, 2018) Item Action: Approved 1487359048_Master_Agreement.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Mary Davis Commissioner Sammie Sias Passes 9. Motion to approve a request from the CSRA Regional Commission / Area Agency on Aging for Augusta, Georgia to assist with the funding of the Home Delivered Meal program for the remainder of fiscal year 2018 (ending on June 30, 2018). (Approved by Public Services Committee May 29, 2018) Item Action: Approved AAA_Annual_Fiscal_Monitoring_Report.pdf Draft_Agenda_Item_-_Senior_Nutrition_Funding_-_Attachments.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Mary Davis Commissioner Sammie Sias Passes ADMINISTRATIVE SERVICES 10. Motion to approve a request from the Coroner’s Office to replace two vehicles. Bid Item 18-191. (Approved by Administrative Services Committee May 29, 2018) Item Action: Approved Tab_Sheet_-_Coroner.pdf Eval_-_Coroner_s_Veh.pdf 18-191_ITB_-_SENT_TO_PAPER.pdf 18-191_Department_Recommendation_of_Award.pdf Mail_List_and_Demandstar_Planholders.pdf Georgia_Procurement_Registry_Vendor_List.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Mary Davis Commissioner Sammie Sias Passes 11. Motion to approve the request from the Richmond County Sheriff’s Office for the purchase of one Property Room truck. Allan Vigil Ford Bid 18-184. (Approved by Administrative Services Committee May 29, 2018) Item Action: Approved Tab_Sheet_-_RCSO_Property_Room_F150.pdf 18-184_ITB_-_SENT_TO_PAPER.pdf 18-184_Department_Recommendcation_of_Award.pdf Mail_List_and_Demandstar_Planholders.pdf Georgia_Procurement_Registry_Vendor_List.pdf 18-184_OFFICIAL_TAB_SHEET.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Mary Davis Commissioner Sammie Sias Passes 12. Motion to approve the request for 1 – Recreation - Trees and Landscape Vehicle and 1 – Engineering - Maintenance Vehicle. Allan Vigil Ford Bid Item 18-186. (Approved by Administrative Services Committee May 29, 2018) Item Action: Approved Tab_Sheet_-_Engineering-Maintenance.pdf Tab_Sheet_-_Engineering-Maintenance.pdf Eval_-_Eng-Maint_204342_Ford_F250.pdf Eval_-_Recreation-TL_994210_Ford_F250.pdf 18-186_ITB_-_SENT_TO_PAPER.pdf 18-186_OFFICIAL_TAB_SHEET.pdf 18-186_Department_Recommendation_of_Award.pdf Mail_List_and_Demandstar_Planholders.pdf Georgia_Procurement_Registry_Vendor_List.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Mary Davis Commissioner Sammie Sias Passes 13. Motion to approve a request from the Utilities Department for two pickup trucks and one midsize SUV for Utilities-Engineering Division vehicles. Allan Vigil Ford Bid Item 18-183 and Bid Item 18-184.(Approved by Administrative Services Committee May 29, 2018) Item Action: Approved Tab_Sheet_-_Utilities-Engineering_Escape.pdf Tab_Sheet_-_Utilities-Engineering_F150s.pdf Bid_Item_18-183.pdf Bid_Item_18-184.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Mary Davis Commissioner Sammie Sias Passes 14. Motion to approve holding a workshop on information from HCD Director regarding 5-year history of HUD allocations, expenditures and activity listings on Tuesday, June 19, 2018 at 12 Noon. (Approved by Administrative Services Committee May 29, 2018) Item Action: Approved HCD_AffordableHousingActivityListings_CommMWilliamsRequestMay2018.xlsx HCD_HUDAnnualAllocationExpenditureListing_CommMWilliamsRequestMay2018.xlsx HCDMemo_CommMWilliamsRequestMay2018.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Mary Davis Commissioner Sammie Sias Passes 15. Motion to reject Unsolicited Proposal: RFPUP 18-001 Strategic Sourcing, Expense Reduction & Change Management Advisory Services. (Approved by Administrative Services Committee May 29, 2018) Item Action: Approved Cumulative_Advisory_Evaluation_Sheet.pdf PGV_-_Response_to_Unsolicited_Proposal_-_Sam_Datta.pdf Copy_of_Unsolicited_Proposal_PGV_Response.pdf Rejection_Ltr_to_PGV_April_27.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Mary Davis Commissioner Sammie Sias Passes PUBLIC SAFETY 16. Motion to approve receipt of $7500 in State grant emergency funds for treatment services for indigent participants in DUI Court. This emergency funding is in addition to previous approved grant A18-08-018 ($159,369). (Approved by Public Safety Committee May 29, 2018) Item Action: Approved Additional_funding_award.docx Additional_funding_award_-5-02-2018.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Mary Davis Commissioner Sammie Sias Passes 17. Motion to approve Augusta-Richmond County FY19 Capacity Agreement for state inmates being housed in the Richmond County Correctional Institution. (Approved by Public Safety Committee May 29, 2018) Item Action: Approved Augusta.Richmond_County_FY19_Capacity_Agreement.docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Mary Davis Commissioner Sammie Sias Passes 18. Motion to approve a 2 year contract, with three (1) year renewals, with AU Medical Associates to provide for a Medical Director for the Augusta Fire Department in the amount of $39,000.00 per year and authorize the Mayor to sign the contract with Augusta University Medical Associates. RFP 18- 154A (Approved by Public Safety Committee May 29, 2018) Item Action: Approved 18-154A_RFP_sent_to_newspaper.pdf 18-154A_TAB_OFFICIAL.pdf Cummulative_Sheet_18-154A.pdf Process_Regarding_RFPs.pdf Mail_List_and_Demandstar_Planholders.pdf Mail_List_and_Demandstar_Planholders.pdf Draft_Medical_Director_Professional_Services_Contract.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Mary Davis Commissioner Sammie Sias Passes 19. Motion to approve the purchase of Emergency Fire Dispatch protocol system for the 911 Center. (Approved by Public Safety Committee May 29, 2018) Item Action: Approved 911_Department_Sole_Source_Justification_Memo.pdf Sole_Source_-_Priority_Dispatch_Procurement_and_Administrator_Sign.pdf Priority_Dispatch_Universal_Sole_Source_1-11-18.pdf Q-13797-20180427-1003_AUGUSTA.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Mary Davis Commissioner Sammie Sias Passes ENGINEERING SERVICES 20. Motion to approve entering into a Mowing and Maintenance Agreement as well as an Indemnity Agreement with the Georgia Department of Transportation in conjunction with TIA funded 15th Street Pedestrian Improvements Project as requested by AED. (Approved by Engineering Services Committee May 29, 2018) Item Action: Approved Agenda_GDOT_MowMaint_15thStreet-_5.18.2018.docx PI_0011408_Richmond_Co_Landscape_Agreement_5.18.2018.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Marion Williams Commissioner Sammie Sias Passes 21. Motion to approve funding for Preliminary and Final Engineering Phases of Design Consultant Supplemental Agreement to Civil Services, Inc. in the amount of $715,495.85 for 5th Street Bridge over the Savannah River (Bridge Repair and Restoration) as requested by AED. (Approved by Engineering Services Committee May 29, 2018) Item Action: Approved CPB_5th_Street_Bridge_over_Savannah_Rd_Brdg_Repair_5.18.2018.xlsx SA_1_15th_St_.5.18.2018.docx CSI_Fee_Proposal_5th_St._Phase_2__3_Scope_5.18.2018.pdf Ladson-3-7-17_Approval_Ltr_CSI_5th_Street_Bridge.pdf ItemApprovalSheet.html Motions Motion Text Made By Seconded By Motion Type Motion Result Approve Motion to approve. Voting No: Commissioner Marion Williams. Motion Passes 8-1. Commissioner Ben Hasan Commissioner Mary Davis Passes 22. Motion to award Bid Item 17-271 for a Replacement Raw Water Pump #5 at Goodrich Street Raw Water Pumping Station to Gicon Pumps & Equipment, Inc. (Approved by Engineering Services Committee May 29, 2018) Item Action: Approved 17-285_OFFICAL_TAB.pdf 17-285_ITB_-_SENT_TO_PAPER.pdf 17-285_Department_Recommendation_of_Award.pdf Mail_List_and_Demandstar_Planholders.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Sammie Sias Commissioner Grady Smith Passes (Mr. Frantom votes by telephone) 23. Motion to approve award of Bid Item 17-285 for 7.5kw Generators to Border States Industries. (Approved by Engineering Services Committee May 29, 2018) Item Action: Approved 17-285_Department_Recommendation_of_Award.pdf 17-285_OFFICAL_TAB.xls 17-285_ITB_-_SENT_TO_PAPER.pdf Mail_List_and_Demandstar_Planholders.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Mary Davis Commissioner Sammie Sias Passes 24. Motion to award Bid Item 17-290 for a Rough Terrain Telescopic Forklift to United Rentals. (Approved by Public Safety Committee May 29, 2018) Item Action: Approved 17-290_OFFICAL_TAB.pdf 17-285_ITB_-_SENT_TO_PAPER.pdf 17-285_Department_Recommendation_of_Award.pdf Mail_List_and_Demandstar_Planholders.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Mary Davis Commissioner Sammie Sias Passes 25. Motion to award Bid Item 17-291 for SCADA Computer Server to Insource Solutions. (Approved by Engineering Services Committee May 29, 2018) Item Action: Approved 17-291_OFFICAL_TAB.pdf 17-291_ITB_-_SENT_TO_PAPER.pdf 17-291_Department_Recommendation_of_Award.pdf Mail_List_and_Demandstar_Planholders.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Mary Davis Commissioner Sammie Sias Passes 26. Motion to approve placing Camilla Avenue at the top of the list to make the repairs to the portion of the road in Richmond County and contacting Columbia County about making repairs to their portion of the road so that the Item Action: Approved work could all be done at the same time. (Approved by Engineering Services Committee May 29, 2018) CamillaAve_PavementPictures_5.29.18.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve checking with Columbia County periodically regarding the resurfacing of their portion of the road before Richmond County proceeds with the resurfacing of their portion. Mr. Guilfoyle out. Motion Passes 8-0. Commissioner William Fennoy Commissioner Dennis Williams Passes 27. Motion to approve supplemental funding of current Sediment Dredging and Disposal Construction Services Two-Phase Contract Phase 1 (Heirs Pond) and Phase 2 (Lake Aumond) in the amount of $1 million. Also Authorize executing Phase 2 (Lake Aumond) of the current contract. RFP 17-301. (Approved by Engineering Services Committee May 29, 2018) Item Action: Approved Hiers-Lake_Aumond_Dredging_Ph2-Supplemental_Funding_05.17.2018.docx CPB_Supplement_Hiers_Pond_and_Lake_Aumond_Sediment_Dredging_5.18.2018.xlsx Gator_Dredging_Lake_Aumond-_Fee_5.18.2018.pdf 17-301_RFP_Invitation_to_Bid.pdf 17-301_Tabulation_Sheet.pdf Cumulative_Evaluation_Sheet.pdf 17-301_Department_Recommendation_of_Award.pdf Process_Regarding_RFPs.pdf 17-301_MPP.pdf Planholders.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Mary Davis Commissioner Sammie Sias Passes 28. Motion to approve to Supplement Construction Contract with Reeves Construction Co. in the amount of $1,060,158.00 to cover additional cost for Resurfacing Olive Road (Gordon Hwy to White Rd.) and Center West Parkway (Sherwood Dr. – Bertram Rd.) as requested by AED. Bid: 17-243. (Approved by Engineering Services Committee May 29, 2018) Item Action: Approved OliveRd_Center_West_Pkwy_Resurfacing_Fee.pdf CPB_Supplement_Olive_Rd_5.18.2018.xlsx Official_17-243.pdf 17-243_ITB_to_Paper.pdf Mandatory_Pre_Bid_Sign_In_Sheet.pdf 17-243_Department_Recommendation_of_Award.pdf Mail_List_and_Demandstar_Planholders.pdf Compliance_Information_Reeves_Construction.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Guilfoyle out. Motion Passes 8-0. Commissioner Marion Williams Commissioner Ben Hasan Passes PETITIONS AND COMMUNICATIONS 29. Motion to approve the minutes of the regular meeting of the Augusta Commission held May 15, 2018 and Special Called Meeting held May 29, 2018. Item Action: Approved Regular_Commission_Meeting_May_15_2018.pdf Called_Commission_Meeting_May_29_2018.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Mary Davis Commissioner Sammie Sias Passes ****END CONSENT AGENDA**** AUGUSTA COMMISSION 6/5/2018 AUGUSTA COMMISSION REGULAR AGENDA 6/5/2018 (Items 30-36) PUBLIC SERVICES 30. Motion to approve an Ordinance to amend Augusta, Georgia Code Sections 3-5-1 and 3-5-86 to allow personal transportation vehicles with specified safety features to be used on certain streets; to provide for definitions; to provide for safety requirements and registration procedures for personal transportation vehicles to be used on Augusta streets for the purpose of reducing harmful environmental emissions and supporting tourism; to repeal all Code sections and ordinances and parts of Code sections and ordinances in conflict herewith; to provide an effective date and for other purposes. (No recommendation from Public Services Committee May 29, 2018) Item Action: Approved 2018-5-16_PTV_Ordinance-_CLEAN.pdf 2018-5-16_PTV_Ordinance-_Redline_ONLY.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Passes Motion to approve. Mr. Jefferson and Mr. Guilfoyle out. Motion Passes 8-0. Commissioner William Fennoy Commissioner Dennis Williams (Mr. Frantom votes by telephone) 31. Motion to approve draft Ordinance to Restrict Smoking and the use of E-Cigarettes in public places of public accommodation. (No recommendation from Public Services Committee May 29, 2018) Item Action: Approved 2018-5-3_Ordinance_to_Amend_Code_Re_Smoking_Regulations-_Clean.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve the draft ordinance with smoking to be allowed within a reasonable distance from the enclosed smoke free building space. Voting No: Commissioner Wayne Guilfoyle, Commissioner Grady Smith, Commissioner Dennis Williams, Commissioner Marion Williams. Motion Passes 6-4. Commissioner Andrew Jefferson Commissioner Ben Hasan Passes (Mr. Frantom votes by telephone) Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Substitute motion to approve the draft ordinance to restrict Commissioner Wayne Guilfoyle Commissioner Marion Williams Fails smoking and the use of e-cigarettes in all municipal government facilities only. Voting No: Commissioner Mary Davis, Commissioner William Fennoy, Commisioner Sean Frantom, Commissioner Ben Hasan, Commissioner Andrew Jefferson, Commissioner Sammie Sias, Commissioner Dennis Williams. Motion Fails 3-7. (Mr. Frantom votes by telephone) PUBLIC SAFETY 32. An update and full accounting of the licensing fees authorized under the Animal Services Ordinance effective 1 January 2016. Please advise how the fees are funded back into animal services. (No recommendation from Public Safety Committee with a review from the Law Department May 29, 2018) Item Action: Approved Ordinance_7555_Animal_Services_Advisory_Bd.12.20.16.pdf AAS_Annual_Report_2017.docx 2018-6-1_Animal_Services_Code_Amendment_re_Fees.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve the amended ordinance. Commissioner Sammie Sias Dies for lack of Second Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item back to committee and make the necessary changes to the ordinance. Commissioner Ben Hasan Commissioner Marion Williams No action is taken on this motion due to the passage of the substitute motion. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Substitute motion to authorize staff to make the requested changes and bring those changes back to the next special called meeting next week. Motion Passes 9-0. Commissioner Sammie Sias Passes FINANCE 33. Approved attached documents related to the issuance of $4 million plus cost of issuance in bonds for the construction of phase 2 of the parking deck located the Hull McKnight Georgia Cyber Center for Innovation and Training. Authorizing the Mayor and Clerk of Commission to sign and execute the attached documents. Item Action: Approved Amendment_to_Parking_Deck_Agreement.pdf Authorizing_Resolution_Augusta_URA_2018_(with_URP_Modification).pdf First_Amendment_to_Agreement_of_Sale_Augusta_URA_Parking_Garage_Expansion_2018_.pdf First_Modification_to_Urban_Redevelopment_Plan.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Commissioner Mary Davis Commissioner Sammie Sias Passes Motion to approve. Motion Passes 9-0. 34. Motion to approve an Ordinance to amend GA Code, Sections 1-4-6 through Section 1-4-12 to change the name of the "Development Authority of Richmond County" to "Development Authority of Augusta, Georgia". Item Action: Approved 2018-5-22_Ordinance_to_Amend_Code_Re_EDA_name_change-_clean_rhagler_rev_5-22-18.pdf 2018-5-22_Ordinance_to_Amend_Code_Re_EDA_name_change-_redline_ONLY.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Mary Davis Commissioner Sammie Sias Passes ADMINISTRATOR 35. To provide the Commission an update on the Public Relations and Education efforts of the 911 Department. Item Action: None 911_Public_Relations_and_Education_Update.pptx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result No formal action is taken on this item. ADDENDUM 36. Approve adoption of an Ordinance to revise Adoption Agreements, General Addendum and Service Credit Purchase Agreement for the GMEBS 1 plan. Waive second. Item Action: Approved Letter_from_GMA_Senior_Associate_General_Counsel.pdf Augusta_GMEBS_Plan_I_Ordinance_and_Adoption_Agreement.pdf Augusta_GMEBS_Plan_I_General_Addendum.pdf Augusta_GMEBS_Plan_I_Service_Credit_Purchase_Addendum.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Unanimous consent is given to add this item to the agenda. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve and waive the second reading. Motion Passes 9-0. Commissioner Mary Davis Commissioner Sammie Sias Passes LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 37. Motion to approve 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 6/5/2018 2:00 PM Attendance 6/5/18 Department: Department: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 6/5/2018 2:00 PM Invocation Department: Department: Caption: Reverend Robert E. Donaldson, Asst. Pastor Mount Vernon Missionary Baptist Church. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 6/5/2018 2:00 PM Judge Carl C. Brown, Jr. Department: Department: Caption:Honorable Carl C. Brown, Jr., Chief Judge Superior Court, relative to recognizing the Augusta Commission with a Certificate of Appreciation. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 6/5/2018 2:00 PM Mt. Calvary Girl Scout Troup 20724 Department: Department: Caption:Acknowledge Girl Scout Troop 20724 on the occasion of earning their Government Badge. (Requested by Commissioner Dennis Williams) Background:Girl Scout Troop 20724 is in the process of earning their Government Badge which requires them to attend a local governing authority meeting to observe how the legislative body interact with each other in their role as an elected officials. Observe how the governing authority resolve conflicts, disagreements and how they deliberate before enacting local laws and the impact they have on the local community. Analysis:Some of the badges Troop 20724 have earned to date are as follows 1)First Aid 2)Philanthropist 3) Artistic/Drawing 4) Savvy Shopper, Girl Scout's Way,5) Breast Cancer Awareness Activity and 6) Girl Scout Cookie Sales Fundraising Campaign Financial Impact:N/A Alternatives:N/A Recommendation:N/A Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AGENDA ITEM REQUEST FORM Commission meetings: First and third Tuesdays of each month - 2:00 p.m. Committee meetings: Second and last Tuesdays of each month - 1:00 p.m. Commission/Committee: (Please check one and insert meeting date) t/Commission Public Safety Committee Public Services Committee Administrative Services Committee Engineering Services Committee Finance Committee Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Contact Information for IndividuaL/Presenter Making the Request: EIe Auicul Telephone Number: Fax Number: Zz0 E-Mail Address: Caption/Topic of Discussion to on the Agenda: +., placed I uJi bp Ir( Please send this request form to the following address: Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 Telfair Street Augusta, GA 30901 Telephone Number: 7 06-821-1820 Fax Number: 706-821-1838 E-MailAddress: nmorawski@augustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk's Office no later than 9:00 a.m. on the Thursday preceding the Commission and Committee meetings of the following week. A five-minute time limit will be allowed for presentations. Commission Meeting Agenda 6/5/2018 2:00 PM Mr. Seve Adigun Department: Department: Caption:Mr. Seve Adigun regarding a proposal to assist with the Paid Parking/Parking Meter Initiative. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AGENDA ITEM REQUEST FOBM commission meetings: First and thirdruesdays of each month -2:00 p.m.committee meetings: second and last Tuesdays of each month - r:00 p.m. commission/committee: @rease check one and insert meeting date) Commission Public Safety Committee Public Services Committee 1 Ju^. - zotl Administrative Services Committee Engineering Services Committee Finance Committee contact Information for Individuaupresenter Making the Request: Name: Address: Telephone Number: Fax Number: thh- E-Mail Address: Date of Meeting Date of Meeting Date of Meeting Date ofMeeting Date of Meeting Date of Meeting Caption/Topic of Discussion to be placed on the Agenda: Please send this request form to the folowing address: Ms. Lena J. Bonner Clerkof Commission Suite 220 Municipal Building 535 Telfair Street Augusta, GA 30901 Telephone Number: 706-82l-1920 Fax Number: 70G821-lg3gE-MaiIAddress: nmorawski@augustaga.gov lgguests may be faxed, e-mailed or delivered in person and must be received in the clerkrsoffice no later than 5:00 p.m. on the wednesaay preceding the commission meeting and5:00 p'm' on the tl:!!", preceding the Commttiee- meeting of the following week. A five-minute time Iimit wiII be allowed foi presentations. Commission Meeting Agenda 6/5/2018 2:00 PM JR Ramsey Department: Department: Caption:Mr. Raheem J. Ramsey speaking on behalf of the Vape Community regarding the proposed ordinance to restrict smoking. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Nancy Morawski From: Sent: To: Subject: Clint Martin < barwestaugusta@gmail.com > Wednesday, May 30, 20L8 4:45 PM Nancy Morawski; Lena Bonner IEXTERNALI June 5th agenda I would like to be added to the agenda June 5th Clint Martin Owner 706.589.0750 Bar West Martini Lounge Check uS out on facebook: https://www.facebook.com/BaMestAuqusta [NOTICE: This message originated outside of the City of Augusta's mail system -- DO NOT CLICK on links, open affachments or respond to requests for information unless you are sure the content is safe.l Commission Meeting Agenda 6/5/2018 2:00 PM Mr. Clint Martin Department: Department: Caption:Mr. Clint Martin speaking on behalf of the CSRA Food and Beverage regarding the proposed ordinance to restrict smoking. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AGENDA ITEM REQUEST FORM commission meetings: Firrt end third ruesdays of each month - 2:00 p.m.committee meetings: srcond and last Tuesdays of esch month - I:lx) i.m. commis;id/committee: (please check one and insert meeting date) / r t commission Date of Meerins fo / f / lf Public Safery Committee Due of Meedn; -f-Public Services Commi*ee Date of Meeting _Administrative Services Comminee Date of Meeting-*- Engineering Services Committee Date of Meeting _f inance Committee Date of Meeting -- Contact lnformation for-/"/ Name: 1 E 4*rt usllPrerenter Making the Request: l)'irv / Telephone Number: Fax Number: E-MailAddress: :ff& Please send this reque*t form to the following addras: Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Buitding 535 Telfair Street Augusta, GA 3090f Telephone Number: 7$6-821-1820 Far Number: Z0Gg2l-l&!8E-MailAddress: nmorawski@augustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the clerkrsOffice no later than 5:00 p.m. on the Wednesday preceding the Commission meeting and5:00 p.m. on the Tues- day preceding the Commitiee meetiniof the following week. A five-minute time limit will be allowed for presentations. Commission Meeting Agenda 6/5/2018 2:00 PM Tracy Ferris Proposed Smoking Ordinance Department: Department: Caption:Mr. Tracy Ferris regarding the effect of the proposed smoking ordinance on the coin operated amusement industry in Augusta- Richmond County. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 6/5/2018 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Location Application: A.N. 18- 17: request by Pamela Smith for a retail package Beer & Wine License to be used in connection with Fred's Stores of Tennessee, Inc. d/b/a/ Fred's Store #1930 located at 2872 Tobacco Road. District 8. Super District 10. (Approved by Public Services Committee May 29, 2018) Background:This is a New Location Application. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $1,330.00. Alternatives: Recommendation:The Planning & Development Office approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Commission Meeting Agenda 6/5/2018 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership Application: A.N. 18- 18: request by Young Hi Han for a retail package Liquor, Beer & Wine License to be used in connection with JulyKiss Co, Inc. d/b/a Kissingbower Liquor Store located at 1773 Kissingbower Road. District 2. Super District 9. (Approved by Public Services Committee May 29, 2018) Background:This is an Existing Location/New Ownership Application. Formerly in the name of Hee Ra Choi. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $4,660.00. Alternatives: Recommendation:The Planning & Development Office approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Commission Meeting Agenda 6/5/2018 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership Application: A.N. 18-19: request by Maritza Ramos Castro for a retail package Beer & Wine License to be used in connection with Dabraham, LLC located at 1959 Kissingbower Road. District 2. Super District 9. (Approved by Public Services Committee May 29, 2018) Background:This is a New Ownership Application. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $1,330.00. Alternatives: Recommendation:The Planning & Development Office approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Commission Meeting Agenda 6/5/2018 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership Application: A.N. 18- 20: request by Sayed Mirwais Haydary for a retail package Beer & Wine License to be used in connection with Sayed MH, Inc. d/b/a Grab N Go located at 2160 M L King Jr Blvd. District 2. Super District 9. (Approved by Public Services Committee May 29, 2018) Background:This is a New Ownership Application. Formerly in the name of Joseph Urban. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $1,330.00 Alternatives: Recommendation:The Planning & Development Office approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Request for Proposal Request for Proposals will be received at this office until Thursday, November 2, 2017 @ 11:00 a.m. for furnishing: RFP Item # 17-275 2017-2018 Playground Improvements for the Augusta, GA – Recreation and Parks 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. A Pre Proposal Conference will be held on Tuesday, October 17, 2017 @10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. A Site Visit will follow. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Thursday, October 19, 2017, @ 5:00 P.M. No RFP will be accepted by fax, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of 60 days after bids have been opened, pending the execution of contract with the successful bidder(s). A 100% performance bond and a 100% payment bond will be required for award. Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for proposal including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the envelope. 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 his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle September 21, 28, October 5, 12, 2017 Metro Courier September 27, 2017 OFFICIAL VENDORS Attachment "B"E-Verify SAVE Form Addendum 1 Original 7 Copies Fee Proposal Compliance Review Playcore Wisconsin dba Gametime 632 Florida Central Parkway Longwood, FL 32750 YES 131211 YES YES YES YES YES YES Lanier Plans, Inc. dba Korkat 221 Cable Industiral Way Carrollton, GA 30117 YES 253952 YES YES YES YES YES YES Miracle Recreation Equipment 878 E. Highway 60 Monett, MO 65708 YES 206364 YES YES YES YES YES YES Play South Playground Creators dba Play South, LLC. 212 Clearview Estates Drive Newnan, GA 30265 YES 942178 YES YES YES YES YES YES Play Ground Creations/ dba Archictectural Design Specialties 1500-K Southland Circle Atlanta, GA 30318 YES 649530 YES YES YES YES YES NO PPLT Farmington, Inc. c/o Playworx Playsets, LLC. 810 Holly Ridge Canton, GA 30115 YES 53236 YES YES YES YES YES NO Great Southern Recreation 2441-Q Old Fort Parkway Murfeesboro, TN 37128 YES 882872 YES YES YES YES YES YES Playworld Preferrred 11515 Varstory Drive, Suite 100 Huntersville, NC 28078 YES 946279 YES YES YES YES YES NO Bliss Products and Services 6831 S. Sweetwater Road Lithia Springs, GA 30122 YES 329247 YES YES YES YES YES NO Total Number Specifications Mailed Out: 35 Total Number Specifications Download (Demandstar): 3 Total Electronic Notifications (Demandstar): 63 Pre Proposal Telephone Conference Attendees: 14 Total packages submitted: 9 Total Noncompliant: 4 RFP 17-275 2017-2018 Playground Improvements for Augusta, GA Recreation and Parks Department RFP Date: Tuesday, November 14, 2017 @ 3:00 p.m. The following vendors have been deemed Non-Compliant for failing to meet the good faith efforts:Bliss Products and Services, Playworld Preferred, PPLT Farmington, Inc. c/o Playworx Playsets, LLC., Playground Creations dba Architectural Design Specialties, Page 1 of 1 Commission Meeting Agenda 6/5/2018 2:00 PM Bernie Ward Playground Equipment RFP #17-275 Department:Recreation and Parks Department:Recreation and Parks Caption:Motion to approve playground equipment purchase for the Bernie Ward Community Center as part of RFP Item #17-275 for $124,000. (Approved by Public Services Committee May 29, 2018) Background:The Recreation and Parks Department has reviewed each of the playground submittals for RFP #17-275. We are recommending the additional purchase of a new play unit for the Bernie Ward Park using a combination of SPLOST VII funds and Capital Funds. Although this unit was originally designed for Wood Park it would fit into the allotted area at Bernie Ward Park and additional meets the departments budgetary constraints. Analysis:Nine (9) RFP packages were received from the industry vendors. Financial Impact:$124,000 Alternatives:1 - To Approve the purchase of playground equipment for the Bernie Ward Park as part of RFP #17-275 for $124,000 using a combination of SPLOST VII and Capital Funds. 2 - Move No Action. Recommendation:To Approve the purchase of playground equipment for the Bernie Ward Park as part of RFP #17-275 for $124,000 using a combination of SPLOST VII and Capital Funds. Funds are Available in the Following Accounts: 329061110 $70,958.76 272061110 $53,041.24 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission .-fr. Vendor:MCCI E-Verify Number:4)10) Comrnodity: PROJECT SOFTWALE Estimated annual expenditure fbr the above commodity or seruice:s 85,000 Initial all entries below that apply to the proposed purchase. Attach a memorandum containing complete justification and support documentation as directed in initialed entry. (More than one entry will apply to most sole source products/services requested). I. SOLE SOURCE REQUEST IS FOR THE ORIGINAL MANUFACTURER oR PRoVIDER. THERE ARE NO REGIONAL DISTRIBUTORS. (Aftach the uranuf'acturer's wrirten certification that no regional distributors exist. Item no. 4 also must be completed.) 2, SoLE SoURCE REQUEST IS FoR oNLY THE AUGUSTA GEoRGIA AREA DISTRIBUTOR OF THE ORIGINAL MANUFACTURER OR PROVIDER. (Attach the manufacturer's - not the distribut written certification that identifies all regional distributors. Item no. 4 also must be completed ) 3. THE PARTS/EQUIPMENT ARE NOT INTERCHANGEABLE wITH SIMILAR PARTS oF ANOTHER MANUFACTURER. (Explain in separate memorandurn.) 4. THIS IS THE ONLY KNOWN ITEM OR SERVICE THAT WILL MEET THE SPECIALIZED NEEDS OF THIS DEPARTMENT OR PERFORM THE INTENDED FLTNCTION. (Attach memorandum with details of specialized function or application.) 5. THE PARTS/EQUIPMENT ARE REQUIRED FRoM THIS SoURCE To PERMIT STANDARDIZATION. (Attach memorandum describing basis for standardization request.) 6. NONE OF THE ABOVE APPLY. A DETAILED EXPLANATIoN AND JUSTIFICATIoN FOR THIS SOLE SOURCE REQUEST IS CONTAINED IN ATTACHED MEMORANDUM. x Sole Source Justification (Reference Article Contract Awards, S 1-10-56 SOLE 6, Procurement Source Selection Methods and SOURCE PROCUREMENT t: Planning and DevelopTf Date: Date: Date: Date: The undersigned requests of the service or material or material. Narne:Robert H. Sherma Department Head Signature: Approval Autliority: Adrninistrator Approval that competitive procurement be waived and that the vendor identif-red as the supplier described in this sole source justification be authorized as a sole source for the service il# COMMENTS:" W6'ire5 (o^* Rev.09/10/12 tt>i.,,', /'pPro '1Sttf,y 1q)*sli:Efi Augusta Planning and Development Department Robert H. Sherman, III Interim Director To: From: Subject: Date: Approved: Approved: Ms. Janice Allen Jackson, Administrator Ms. Geri Sams, Director of Procurement -? F* Robert H. Sherman lll, lnterim Director - Planning and Development Conversion & lndexing Service Project for Planning and Development - Phase lll May 4, 2018 nsemO AdmfrhmO*Omca iily 0I ?ofi tugudqGA The lnformation Technology Department (lT) is working with the Planning and Development Department for the conversion and indexing service to store building plans. These plans are currently stored at the old Planning and Development Building at 1815 Marvin Griffin Road, Augusta, Georgia, 30906. As you are aware, the Planning and Development Department vacated the 1815 Marvin Griffin Road location two years ago and must have plans moved by July 2018. The Planning and Development Department is requesting to use MCCI, LLC for the continuation of Phase lll of this project. MCCI is already an established vendor within Augusta Procurement and the lT department already has a contract with the company for the use of the Laser fiche database software. The Goal for this project is to have the building plans scanned into a database where they can be stored and easily accessed. Enclosed is a Sole Source Justification form as well as the quote from MCCI for Phase lll. The estimated cost for this project will not exceed 585,000.00, which will be funded through the Planning and Development Data Processing Budget object code217-O7-22L0, org key 52-13110. Upon our approval, we will proceed to create an agenda ltem for Commission approval. Please do not hesitate to contact me if you have questions. **' Slqln Date: *lq It I rector of Procurement s. Janice All6n Jack ministrator 5-15 Trllair Street' Augustr. G,\. 30901 7 116.1121.1196. Far: 706.82 l. I806 wu w.august:rga.gov Cover Page Prepared For: Augusta – Richmond County, GA Presented By: Mike Beaudreau SCANNING SOLUTION Issued: May 13, 2018 Mike B. May 13, 2018 Ms. Debbie Freeman Augusta – Richmond County 535 Telfair Street Building 2000 Augusta, GA 30901 Dear Ms. Freeman: Thank you for allowing me to work with you regarding our Digitization services. While reviewing the enclosed Proposal, please keep in mind the following advantages of being a MCCi Client: Experience - MCCi was created by Municipal Code Corporation to focus on innovative solutions for the public sector. MCCi has been providing scanning, indexing, and conversion services to entities including Cities, Counties, State Agencies, Special Districts, School Districts, Law Enforcement, and more for over 15 years. We have completed hundreds of projects and have a long list of satisfied Clients. Client Commitment – We are committed to making sure your project is done right. If the quality of our work is not what you expect, we fix it. Our Clients come first. Safe & Secure – All Scanning Division staff go through HIPAA and CJIS training for sensitive documents. Sensitive data is stored and accessed using several levels of security. Leading Provider – MCCi is the leading provider of Laserfiche in the world and a Laserfiche Gold VAR. Even if you don’t have Laserfiche, we know document management and can help make sure you are able to leverage your digital documents. Complete Solutions – In addition to converting documents, we provide solutions for document management, business process improvement, and managing public records requests. We are passionate about helping our Clients go paperless and improve overall efficiency. Working with a single partner can help reduce costs and improve project outcomes. If you have any questions concerning our proposal or desire additional information, please do not hesitate to contact me. We appreciate your interest and hope that we will have the pleasure of working with you. Sincerely, Michael Beaudreau Account Executive CORPORATE OFFICE Sales Department P.O. Box 2235 ● Tallahassee, Florida 32316 Phone (800) 342-2633 ● Fax (850) 564-7496 MICHAEL BEAUDREAU Account Executive Atlanta, Georgia Office (770) 855-9159 ● mbeaudreau@mccinnovations.com MCCi | Page 3 of 7 SCANNING SOLUTION SCOPE OF SERVICES AND PROJECT PRICING The Client will furnish MCCi for its use in preparing the document imaging project all hardcopy /electronic documents to be converted. PROJECT SCOPE – All estimates are based on information provided by the Client • General Description Document Size: Large Format up to 42” Department: Planning and Development Plans Document Types: Plans Document Count: 1479 Image Count: 59,160 Images Per Document: 40 • Document Preparation: Current Storage Method: Boxes/Mail Condition of documents: Generally good • Image Processing & Indexing DPI & Color: 300 DPI, Black & White Number of Index Fields: Up to 4 Fields Document Naming Convention: Document Name, year, type, TBD Fields to be Indexed: Document Name, year, type, TBD Optical Character Recognition: Not Included • Image Output Method of Delivery: Laserfiche Briefcase Output Type: Laserfiche Briefcase • Material Handling Shipping Logistics: MCCi Pickup Shipping & Delivery Terms: Up to 1 shipment • Special notes: Any corrections such as rescans or indexing changes must be brought to MCCi’s attention within 90 days of the date that MCCi delivers the data to the Client. Corrections will not be made after 90 days. MCCi | Page 4 of 7 PROJECT PRICING Project I – Conversion of Documents to be completed by 12/31/2018 Not to Exceed $85,000.00 Excess Images @ $1.43 PAYMENT & BILLING TERMS MCCi will invoice project on a monthly schedule, based on deliverables (via Electronic media or the internet). Payment is due upon receipt of an invoice. MCCi | Page 5 of 7 MCCi, a Limited Liability Company, which is duly organized and existing under the laws of the State of Florida, hereinafter referred to as MCCi, hereby offers the Laserfiche Software & Services to the AUGUSTA – RICHMOND COUNTY, GA, a corporation duly organized and existing under state law, hereinafter referred to as the Client, according to the following terms and conditions. MCCI DOCUMENT SERVICES – INDEXING SERVICES. Once MCCi has received your documents, the following process will occur according to the terms laid out in MCCi’s pricing proposal and may vary according to services selected. CONSULTATION. A Consultation will be scheduled via a telephone conference after receipt of signed contract. This consultation is designed to go over the following: the signed contract and terms, folder structure, current searching methods, document naming scheme, document preparation requirements, and document shipment and/or pick up. DOCUMENT PREPARATION. If you decide to send paper documents to MCCi, the process of document preparation begins with removing any materials that may prohibit the document from being fed through the scanner (i.e. Removal of documents from file folders, Removal of staples, paperclips, tape, clips, etc) and is described as Document Preparation. Upon completion of scanning, MCCi will organize the documents into their original order as received from the Client but not placed back into their file folders or reprepped unless specifically stated otherwise in the project scope. DOCUMENT ORGANIZATION & INDEXING. Based on the scope of the project and outcome of your consultation, MCCi will organize and index your documents. Each project will have its own required organization and indexing requirements. Our project management team will work with the Client to identify those requirements. Prior to project kickoff we will send the Client example template cards and file-tree structure for their approval. Or, if the Client already has existing Laserfiche template cards created for a specific document series, they can send us that template via Laserfiche Briefcase. DOCUMENT QUALITY CONTROL. MCCi performs a thorough quality control process after the job has been completed. Steps are taken to ensure documents have been captured, the quality of the scanned images are comparable to the originals, and manual indexing errors have been corrected. Even with the best quality control processes, there are going to be occasional errors that go uncorrected. MCCi’s acceptable error rate will be less than 0.5% for the overall project, unless otherwise stated in writing. MCCi cannot be accountable for records not reflected in original inventory report as provided by Client. MCCi will correct only those valid discrepancies above the acceptable error rate reported within 90 days after delivery of electronic data to Client. DOCUMENT STORAGE. MCCi’s facilities contain secure rooms for hardcopy “work in progress” document storage. MCCi will arrange for the return of hardcopy documents to the Client after completion of scanning. If documents reside at MCCi facilities for a period longer than 90 days after converted electronic data is delivered to Client storage charges will apply. DATA STORAGE MCCi is not responsible for maintaining a copy of Client data, with the exception of Clients who contractually and on a recurring basis, utilize MCCi’s Online Document Hosting Services. MCCi periodically reviews and deletes Client data from previous projects. The timing of the periodic review and deletion of data is at MCCi’s discretion. MCCi recognizes that for records retention and security compliance, the Client may require MCCi to delete copies of it’s data prior to MCCi’s process of deleting data; If so, the Client is responsible for making the request in writing and for obtaining confirmation of data deletion. ENTERPRISE WIDE SCANNING SERVICES. In accordance with the terms and conditions herein, MCCi can provide any department in the organization with scanning services for documents other than those described in this pricing proposal. All costs are volume based and can be provided upon request. MCCi will consult with each department interested in beginning their own project to determine individual scanning and indexing needs. MICROFILM & FICHE CONVERSION SERVICES. MCCi offers electronic conversion services for microfilm, microfiche, and aperture cards. The Client will provide MCCi with data to be converted to electronic format. MCCi will extract the images contained on the film/fiche and migrate them to Laserfiche or to another industry standard format as requested by the Client. The images will be captured based upon the reduction ratio and threshold between the beginning and ending of new images on the original film. MCCi is not responsible for the accuracy of existing image quality, such as black borders, skewed images, blurry images, non- legible images, or other errors that are not controllable by MCCi. Unless otherwise specified in the project scope, MCCi will index by the roll/card number or unique identifier. LASERFICHE SEARCH ENGINE MEDIA. If included in the Scope of Services, MCCi will integrate the documents with the LaserFiche Software to provide the Client with the most powerful index retrieval search engine available with the following features: intuitive browse window, index cards, and full text word search. MCCi will provide the Client with the appropriate media containing all documents scanned and integrated with Laserfiche. ONLINE DOCUMENT HOSTING. MCCi will post the documents to the web for a minimal annual fee. MCCi provides the Client with a direct link which can then be linked to the Client’s website for public access if desired. Document storage cost is determined upon actual image count. All documents on the site are integrated with a search engine, and updates are incorporated as the database is amended. PROJECT TIMELINE. MCCi will complete and deliver the project within the predetermined project timeline as agreed upon with the Client. Should MCCi require additional time, the Client will be notified immediately. DOCUMENT TRANSPORTATION. The Client is required to package all materials per MCCi’s instruction prior to delivery of materials to MCCi facilities. If the Client chooses to utilize MCCi’s pick up and delivery service (offered in select states), pricing is based on picking up the entire project described in the scope of services in one shipment. At the time of updating or if additional trips are required due to the Client not having all the documents ready for pick up, additional charges will be applied. If the Client chooses to ship via a certified carrier, the Client incurs all shipping costs. PRICING. Charges apply on a per project basis and are dependent upon size and volume of documents. MCCi requires having the entire project in bulk, rather than in small quantities. Breaking the project into smaller quantities will affect the volume pricing, and additional charges per image may apply. A sample may be required prior to confirming large volume job pricing. UNANTICIPATED DOCUMENT TYPES & SIZES. The prices quoted are made with the expectation that Client will properly prepare and annotate materials for scanning bureau use and that documents are consistent with the description provided in the scope of services. If documents are not as initially represented, additional charges will apply. MCCi will call for authorization to proceed with the project. MCCi | Page 6 of 7 LASERFICHE SYSTEM CLIENTS. Due to requirements by Laserfiche systems regarding the importing of images and indexing information, it is highly recommended that Clients who already have a Laserfiche system have their documents scanned using only Laserfiche software. This will ensure that all associated indexing information will be properly retained after the importing of images into the Laserfiche system. MCCi has knowledge of the software versions, indexing requirements, and compatibility issues for each of our Laserfiche system Clients. For these reasons, MCCi should be considered as a Sole Source provider for scanning services. Additionally, Laserfiche System Clients are required to supply MCCi with a Laserfiche Briefcase of their current folder/template structure, prior to each scanning project / updates to existing projects. MCCI CERTIFIED PARTNERS. MCCi maintains partnerships for the purpose of additional capacity and flexibility in meeting Client expectations. In the event partners are used for a project, the management and support of the project is handled directly by MCCi. . Physical documents will never leave the United States, but our partners may utilize offshore resources to handle document indexing, quality control, and other processes. AGREEMENT EXTENDED TO OTHER GOVERNMENTAL UNITS. MCCi agrees to allow any other Government agency to purchase items at the same terms, conditions and pricing as this contract during the period of time that this contract is in effect. Minor changes in terms and conditions may be negotiated by MCCi and participating Government agencies. Any orders issued against this agreement shall be the sole responsibility of the Government agency placing the order. It is understood that the Client shall incur no financial responsibility in connection with any purchase by another Government agency. TERMINATION. The services provided in this agreement will be in full force and effect for a period of three (3) years from the date of shipment of the completed product to the organization. Thereafter, this agreement will be automatically renewed from year to year, provided that either party may alter or cancel the terms of this agreement upon sixty (60) days' written notice. FORCE MAJEURE. Neither party shall be liable for any delay or failure in performance due to causes beyond its reasonable control. CLIENT FINANCIAL SOLVENCY/BANKRUPTCY. MCCi may require payment in advance for products and services in response to learning of financial solvency or bankruptcy issues. LIMITED LIABILITY. Notwithstanding anything in this Agreement to the contrary, MCCi’s total liability to the client for any and all claims, damages, or liability arising out of or related in any way to this agreement or the products or services being provided by MCCi to Client shall be strictly limited to the project fees paid to MCCi by the Client for the preceding 12-month period immediately preceding the event giving rise to the claim by the Client, and shall also be limited to the fees paid to MCCi for the particular service/product that the Client’s claim was caused by or arose out of. INDEMNIFICATION. If MCCi or our affiliates (owners or partners), or any of our or their respective employees, agents, or suppliers (the “Indemnitees”) is faced with a legal claim by a third-party arising out of your actual or alleged gross negligence, willful misconduct, violation of law, failure to meet the security obligations required by the Agreement, or violation of your agreement with your customers or end users, then you will pay the cost of defending the claim (including reasonable attorney fees) and any damages award, fine or other amount that is imposed on the Indemnitees as a result of the claim. Your obligations under this subsection include claims arising out of the acts or omissions of your employees or agents, any other person to whom you have given access to the Services, and any person who gains access to the Services as a result of your failure to use reasonable security precautions, even if the acts or omissions of such persons were not authorized by you. You must also pay reasonable attorney fees and other expenses we incur in connection with any dispute between persons having a conflicting claim to control your account with us or arising from an actual or alleged breach of your obligations to them. PAYMENT & BILLING TERMS. MCCi will invoice project on a monthly schedule, based on deliverables (via Electronic media or the internet). Payment is due upon receipt of an invoice. MARKETING & REFERENCES. Client agrees to allow MCCi to publish and publicize testimonials and case study information pertaining to MCCi’s work with the Client. This information, including the Client’s organization name, logo, and contact information will be used in all media types USE OF BASECAMP. Through the course of this project, MCCi may choose to utilize the third-party service Basecamp (http://www.basecamp.com) for project management and team collaboration. Documentation and correspondence exchanged between MCCi and The Client may be stored in Basecamp. The Client acknowledges that Basecamp is responsible for secure storage of this documentation, and agrees that Basecamp's security guidelines located at https://basecamp.com/security are acceptable for the storage of The Client's data and correspondence exchanged with MCCi. MCCi | Page 7 of 7 The terms of this agreement shall remain in force and effect for a period of ninety (90) days from the date appearing below, unless accepted by the Client. Submitted by: MCCi, a Limited Liability Company Date: May 13, 2018 By: _______________________________________________ (Signature) _______________________________________________ (Printed Name & Title) Noted Items Accepted by: AUGUSTA – RICHMOND COUNTY, GA Date: _____________________________________________ By: ______________________________________________ (Signature) ______________________________________________ (Printed Name & Title) Commission Meeting Agenda 6/5/2018 2:00 PM Digitizing and Indexing Historic Building Plans – Phase III Department:Planning & Development Department:Planning & Development Caption:Motion to approve to enter into Phase III contract with MCCi, LLC as a sole source vendor for the amount of ‘not to exceed $85,000.00’ for the purpose of digitizing and indexing historic building plans. (Approved by Public Services Committee May 29, 2018) Background:The State record retention code requires that building plans be retained for the life of the structure. We have approximately twenty-five years of building plans stored in the attic of the building at 1815 Marvin Griffin Road. The general condition of the plans is deteriorating because of the exposure to the humid environment and the age of some of the plans. The goal for this project is to have the building plans scanned into a database where they can be stored and easily accessed. Analysis:The Information Technology Department is working with the Planning & Development Department for the conversion and indexing service to store building plans. In 2017, the Planning Department began the scanning project using MCCi because of their established vendor relationship within the Procurement Department and the Information Technology Department. Approximately 19,069 pages have been scanned in Phases I & II at a total cost of $27,269.56…. The use of MCCi as the Sole Source vendor has been approved by the Procurement Department and the Administrator….Approximately 195,182 pages remain to be scanned. Financial Impact:Not to exceed $85,000. Alternatives:Do not approve. Recommendation:Approve Funds are Available in the Following Accounts: The funds are in Org. Key 217-07-2210, Object Code 5213110 Data Processing REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Signs in the R-O-W ordinance revisions draft ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 4, CHAPTER 2, ARTICLE 2, LITTER CONTROL, SECTION 4-2-9 LITTERING STREETS AND SIDEWALKS PROHIBITED, SO AS TO PROHIBIT THE PLACING OF POSTERS, SIGNS OR ADVERTISEMENTS ON ANY PUBLIC PROPERTY; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES, AND FOR OTHER PURPOSES. NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT IT IS A VIOLATION OF AUGUTA-RIHMOND COUNTY CODE TO PLACE POSTERS, SIGNS OR ADVERTISEMENTS ON ANY PUBLIC PROPERTY AS STATED IN THE REGULATIONS HEREWITH, AS FOLLOWS: SECTION 1. TITLE 4, CHAPTER 2, ARTICLE 2, LITTER CONTROL, SECTION 4-2-9 IS HEREBY DELETED BY STRIKING THIS SECTION IN ITS ENTIRETY, AND NEW SECTION 4-2-9 IS HEREBY INSERTED TO REPLACE THE REPEALED SECTIONS AS SET FORTH IN “EXHIBIT A” HERETO. SECTION 2. This ordinance shall become effective upon adoption. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2018. __________________________ Attest:______________________________ Hardie Davis, Jr. Lena J. Bonner, Clerk of Commission As its Mayor Seal: Signs in the R-O-W ordinance revisions draft CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2018 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: _________________________ First Reading ______________________ Second Reading ______________________ Signs in the R-O-W ordinance revisions draft “EXHIBIT A” Sec. 4-2-9. Littering streets, and sidewalks, and publicly owned properties prohibited. (a) It shall be unlawful for any person to place, store, dump, park or broadcast any junk, metal, brickbats, stones, plaster, lumber, trash, garbage, litter, paper or similar rubbish and junk upon any public street, or sidewalk, or public property in Augusta-Richmond County. As used in this Section, "junk" includes without limitation appliances, furniture and other bulk items not considered usual household garbage. The sanitation department is not responsible for collection and/or disposal of such junk, and such junk shall not be collected by the sanitation department, but must be disposed of by the owner of the property on which it is located. (b) It shall be unlawful for any person to place posters, signs or advertisements on any public property. Any occupational tax certificate holder (licensee) or any person in the employ of the licensee who violates this section, or any individual or business (i.e. person who placed the poster, sign, or advertisements) that is authorized by the licensee or employee of the licensee who violates the provisions of section, shall subject the occupation tax certificate (business license) to suspension or revocation pursuant to Section 2-1-38. The term litter includes any poster, sign, or advertisement when placed in violation of this Code section and is declared to be a public nuisance, and the officials having jurisdiction of the public property or building, including without limitation law enforcement officers, may remove or direct the removal of the same. Each poster, sign, or advertisement placed in violation of this Code section shall constitute a separate offense. (1) A written warning will be issued on the first offense to the responsible individuals. The responsible individuals can be the licensee, employee of the licensee, or the person who placed the poster, sign, or advertisement on public property. (2) A two-hundred fifty dollar ($250.00) fine will be charged to the responsible individual(s) of for the second offense. The responsible individuals can be the licensee, employee of the licensee, or the person who placed the poster, sign, or advertisement on public property. The fine is to be paid to the Planning & Development Department within thirty (30) calendar days of the fine being assessed. Failure to pay the fine will result in action being taken against the business license, to include suspension or revocation. (3) A five hundred dollar ($500.00) fine will be charged to the responsible individual(s) of for the third offense. The responsible individuals can be the licensee, employee of the licensee, or the person who placed the poster, sign, or advertisement on public property. The fine is to be paid to the Planning & Development Department within thirty (30) calendar days of the fine being assessed. Failure to pay the fine will result in action being taken against the business license, to include suspension or revocation. (4) The business owner, manager, agent or responsible party will be issued a citation upon the fourth offense in accordance with Section 4-2-25 with a maximum fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not exceeding sixty (60) days, either or both, at the discretion of the judge of the court. (5) A citation will be issued and request for revocation of business license upon the fifth offense. (c) Businesses operating without a current Occupation Tax Certificate will be subject to penalties as imposed under City Code 2-1-19. (c) Public property includes the right-of-way of any road or highway; any federal, state or local government owned body of water or watercourse or the shores or beaches thereof; any publicly owned parks, playground, building, refuge, or conservation or recreation area; any publicly owned residential, commercial, or industrial properties. Signs in the R-O-W ordinance revisions draft (d) Any person who violates this Code shall be punished the same as for littering under Code Section 4-2- 25. (e) Any business Occupation Tax Certificate holder or any person in the employ of the business who violates the provisions of Code Section 4-2-9, may subject the business Occupation Tax Certificate to suspension or revocation as provided for in Code Section 2-1-38. Tier Fee Schedule Offense Penalty 1st Warning 2nd $250 Fee; suspension or revocation of business license if fee is not paid. 3rd $500: suspension or revocation of business license if fee is not paid. 4th Issuance of citation, fine not to exceed $1,000 and imprisonment not to exceed 60 days; suspension or revocation of business license. 5th Issuance of citation, request for revocation of business license. Signs in the R-O-W ordinance revisions draft EXHIBIT A” Sec. 4-2-9. Littering streets, and sidewalks, and publicly owned properties prohibited. (a) It shall be unlawful for any person to place, store, dump, park or broadcast any junk, metal, brickbats, stones, plaster, lumber, trash, garbage, litter, paper or similar rubbish and junk upon any public street, or sidewalk, or public property in Augusta-Richmond County. As used in this Section, "junk" includes without limitation appliances, furniture and other bulk items not considered usual household garbage. The sanitation department is not responsible for collection and/or disposal of such junk, and such junk shall not be collected by the sanitation department, but must be disposed of by the owner of the property on which it is located. (b) It shall be unlawful for any person to place posters, signs or advertisements on any public property. The term litter includes any poster, sign, or advertisement when placed in violation of this Code section and is declared to be a public nuisance, and the officials having jurisdiction of the public property or building, including without limitation law enforcement officers, may remove or direct the removal of the same. Each poster, sign, or advertisement placed in violation of this Code section shall constitute a separate offense. (c) Public property includes the right-of-way of any road or highway; any federal, state or local government owned body of water or watercourse or the shores or beaches thereof; any publicly owned parks, playground, building, refuge, or conservation or recreation area; any publicly owned residential, commercial, or industrial properties. (d) Any person who violates this Code shall be punished under Code Section 4-2-25. (e) Any business Occupation Tax Certificate holder or any person in the employ of the business who violates the provisions of Code Section 4-2-9, may subject the business Occupation Tax Certificate to suspension or revocation as provided for in Code Section 2-1-38. Commission Meeting Agenda 6/5/2018 2:00 PM Litter Ordinance Amendments Department:Planning & Development Department:Planning & Development Caption:Motion to approve amendments to the Augusta, Georgia Code, Title 4, Chapter 2, Article 2, Litter Control, Section 4-2-9 Littering Streets and Sidewalks Prohibited so as to provide regulations prohibiting the placing of posters, signs and advertisements on any public property; and delete the section titled ‘Tiered Fee Schedule’. (Approved by Public Services Committee May 29, 2018) Background:At the March 21, 2017 Commission meeting, the Administrator presented recommendations for addressing additional code enforcement, property maintenance and cleanups, illegal dumping, and anti-littering efforts. Approval was given to move forward with the efforts. At the August 15, 2017 Commission meeting, amendments to the litter ordinance were approved to prohibit the placing of posters, signs, etc. on the public right-of- way, and the amendments included a tiered fee schedule for violating the ordinance. At the January 30, 2018 Commission meeting the application of the litter ordinance was discussed and it was determined that the ordinance was not functioning the way it was intended. The Planning & Development Department and the Marshal’s Office were directed to review the ordinance and present an amended version to address the concerns. Analysis:The litter ordinance as it was amended to include the tiered fee schedule is not functioning as intended, and is actually complicating the enforcement of the litter ordinance as it applies to posters, signs and advertisements placed in the right-of-way.... The proposed ordinance amendments will streamline the enforcement process. Financial Impact:N/A Alternatives:Do not approve Recommendation:Approve Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 6/5/2018 2:00 PM Maintenance Facility Lifts - APT Department:Augusta Public Transit Department:Augusta Public Transit Caption:Motion to approve the purchase of a System for the New Transit Operation and Maintenance Facility from Stertil-Koni. (Approved by Public Services Committee May 29, 2018) Background:This request is for the authorization to purchase Heavy Duty Lift Equipment, associated parts from Stertil-Koni. The Transit Department is requesting approval to enter into a contract with Stertil-Koni for the purchase of an ECOLIFT – Inground Scissor Lift – ECO60-13 at a cost of $317,632.7, total purchase price not to exceed $317,632.72.The pricing for the lift was awarded through a competitive bid process through the National Association of State Procurement Officers Vehicle Lifts and Garage Equipment (NASPO). Stertil-Koni was one the six (6) national awardees. The bid process was an Invitation for Bid (IFB) initiated and awarded by the State of Washington. Evaluation of the responsive bids was based on identifying the highest percentage discount off MSRP for eight categories of Vehicle Lift products, and six categories for Garage Association Equipment. Provision was also made for additional awards that met Federal Transit Administration (FTA) guideline and Buy America program requirements. This bid is for a two (2) year term with the option to extend the contract three (3) years (36 months), not to exceed five (5) years total. Analysis:Stertil-Koni is the first vehicle lift manufacturer (in the world) to have obtained ISO-9001 certification. The designation 9001 is the highest rating that a company can achieve. All Stertil-Koni products come with an unequivocal commitment to provide spare parts 25 years after termination of production. In other words, after a model is upgraded or discontinued for whatever reason, we commit to provide spare parts availability for 25 years. Stertil-Koni has the highest number of certified products of any lift company in the world. Financial Impact:Funding Source Total Split Federal Local FTA Grant GA-90- X330 $317,632.72 80/20 $254,106.54 $63,526.54 Alternatives:Do not purchase the Lift system. This will delay the continuation of the new facility being built. Recommendation:Approve the contract with Stertil-Konie for the purchase and installation of the Lift System for an amount not to exceed $317,632.72 Funds are Available in the Following Accounts: 54709-1214-54-21160 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Attachment I: Senior Nutrition Grant Account Analysis January 2017 - December 2017 Congregate Meals: Between January 2017 and December 2017 46,778 meals were served. 2,243 meals were wasted which equals an expense of $9,577.61. The meal waste average is within normal parameters. Meal waste occurs when a participant signs up to receive a meal but then is not able to participate. At Sand Hills Senior Center, the meal waste is above the average (14.4 percent in January 2018). The higher number in meal waste is due to approximately 35 percent of the participants habitually signing up for meals but then not receiving them. This will be addressed through training and/or corrective action. The meal waste resulted in a loss of $26,933.04. Home Delivered Meals: Across the different grant funding sources, 46,839 meals were delivered in 2017. 353 meals were wasted because participants were not at home during delivery. This is an average of 2 meals per week per center and is within normal parameters. The Home Delivered Meals program resulted in revenue of $60,540.27. This revenue has been credited to the Org. keys of Sand Hills, Henry Brigham and Blythe, to help cover the expenses of the program. 220054322- Senior Nutrition Grant Account Anaylsis # of meals Price Sum Cost 2017 CI meal 44,856 4.45 199,609.20 Dec. 2016 submit in 2017 820 4.27 3,501.40 Reimb. report to CSRA 45,676 4.45/4.27 203,110.60 Donation 1,799.52 5% State Fund received 10,068.00 85% Federal Fund received 171,000.00 Private paid meal 1922 4.45 8,550.30 47,598 4.45/4.27 191,417.82 Bateman charges (Meal served)46,778 4.45 208,162.10 (Meal Served in 2016) 820 4.27 - Surcharge 611.15 (Meal waste)2,243 4.27 9,577.61 49,841 4.45/4.27 218,350.86 Diff.(26,933.04) # of meals Price Sum Cost Home delivery meal 16,773 5.75 96,444.75 100% Federal reimb. received 16,773 5.75 96,446.00 Bateman charges 16,773 4.45 74,639.85 Diff. 21,806.15 # of meals Price Sum Cost Home delivery meal 30,847 5.75 177,370.25 100% State reimb. received 30,847 5.75 177,370.00 Bateman charges 30,066 4.45 133,793.70 781 4.27 3,334.87 (Meal waste)353 4.27 1,507.31 30,847 4.45/4.27 138,635.88 Diff. 38,734.12 Revenue 465,233.82 Expenditure 431,626.59 Overpayment/Onesolution 33,607.23 01/01/2017~12/31/2017 Congregate Meal -Federal Title III grant (Federal pass through CSRA) NSI - State Fund 4.45/4.27 45,676 NSI & NSI SSBG (Federal Fund pass through CSRA) Home Delivery- Federal Home Delivery -State II: Home Delivered Meals by Quarter The graph shows the quarterly average of delivered meals between January 2017 and March 2018. While during the first three quarters the average was around 10,780 meals per quarter, we saw a 16 percent increase in the last quarter of 2017 (12,497 meals) and an additional 34 percent increase in the first quarter of 2018. 10,092 11,376 10,872 12,497 16,748 0 2,000 4,000 6,000 8,000 10,000 12,000 14,000 16,000 18,000 First Quarter 2017 Second Quarter 2017 Third Quarter 2017 Fourth Quarter 2017 First Quarter 2018 Home Delivered Meals by Quarter III: Detail overview of the 2017 Senior Nutrition Services First Quarter 2017 Second Quarter 2017 Third Quarter 2017 Fourth Quarter 2017 Budget Year 2017 I Congregate Meals Delivered 10,734 12,018 11,511 12,845 47,108 Served 10,092 11,376 10,872 12,497 44,837 Reimbursed 6,485 15,006 10,872 12,497 44,860 Not Reimbursed 3,607 -3,630 0 0 -23 Total Loss 4,249 -2,988 639 348 2,248 II Home Delivered Meals Delivered 9,936 10,611 11,848 15,557 47,952 Served 9,883 10,588 11,672 15,496 47,639 Reimbursed 6,609 13,822 11,672 15,496 47,599 Not Reimbursed 3,274 -3,234 0 0 40 Total Loss 3,327 -3,211 176 61 353 III Private Pay Meals Delivered 580 577 397 457 2,011 Served 598 501 445 377 1,921 Reimbursed 598 501 445 377 1,921 Total Loss -18 76 -48 80 90 IV Total Meals Delivered 21,250 23,206 23,756 28,859 97,071 Served 20,573 22,465 22,989 28,370 94,397 Reimbursed 13,692 29,329 22,989 28,370 94,380 Not Reimbursed 6,881 -6,864 0 0 17 Total Loss 7,558 -6,123 767 489 2,691 Senior Nutrition Meals Budget Year 2017 - Summary Commission Meeting Agenda 6/5/2018 2:00 PM Senior Nutrition Funding Department:Recreation and Parks Department:Recreation and Parks Caption:Motion to approve a request from the CSRA Regional Commission / Area Agency on Aging for Augusta, Georgia to assist with the funding of the Home Delivered Meal program for the remainder of fiscal year 2018 (ending on June 30, 2018). (Approved by Public Services Committee May 29, 2018) Background:Augusta, Georgia and the Area Agency on Aging have entered into a cooperative agreement to provide Senior citizens of Augusta, Georgia with nutrition services at 6 Senior Centers and through delivering meals to their homes. The costs of both, the Congregate Meals (CM) at the centers and the Home Delivered Meals (HDM) are covered by the Recreation and Parks Department and then reimbursed by the Area Agency on Aging. For Congregate Meals, Augusta has agreed to a 10 percent grant match. For Fiscal Year 2018, the Area Agency on Aging has allocated $426,664 of grants for both CM and HDM. For HDM, $239,164.00 were budgeted through six federal grants. As of March 2018, the grant funds for the HDM program have been exhausted. To cover the expenses for the HDM program and to continue providing nutrition services through the HDM program, the Area Agency on Aging is asking Augusta, Georgia to provide approximately $70,000.00 through the remainder of the fiscal year. Analysis:The Recreation and Parks Department currently delivers a monthly average of 4,436 meals to 250 Senior residents of Augusta, Georgia who qualify for the nutrition program. While during the first three quarters of 2017 the delivered meals averaged 3,593 meals per month, the fourth quarter of 2017 showed a 16 percent increase to 4,166 meals per month and an additional 34 percent increase to 5,583 meals per month in the first quarter of 2018 - with a peak of 6,111 meals in January 2018. This increase occurred because the Area Agency on Aging had accumulated a waiting list of participants in need of nutrition services and entered those participants from the waiting list into the program during the fourth quarter of 2017 and the first quarter of 2018. When the Area Agency on Aging entered into contract with Bateman / Compass USA, they also agreed to pay a surcharge for the delivery of meals to Senior citizens. In 2017, this voluntary surcharge ($1.30 per delivered meal) was credited to the three Senior Centers providing HDM services and helped cover the center costs for a total of $60,540.27. Both, the increase in delivered meals and the delivery surcharge, were the major contributors to the budgeted funds being exhausted. In previous years, the Area Agency on Aging was able to compensate overspending in one county with forfeit allocations from the other 12 counties. Unfortunately, during the current fiscal year all other counties have been collectively overspending. Both agencies have implemented internal controls to prevent a reoccurrence in the future. Financial Impact:The Recreation and Parks Department estimates the costs for the Home Delivered Meals to be $70,000.00 for the remainder of the fiscal year. Should those funds not be needed as a whole (due to cost saving measures such as enrolment blocks and monitoring of food waste), the remainder of the funds would be returned to the General Fund. Alternatives:1. To approve $70,000.00 in additional funds to cover the costs for the HDM meals through the remainder of the Fiscal Year 2018. 2. To deny the additional funds. Denying the funds will result in the termination of the Home Delivered Meals Program. Recommendation:The Recreation and Parks Department recommends the approval of the funding request. Funds are Available in the Following Accounts: General Fund Contingency REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Page 1 of 25 ORDINANCE NO. ___________ AN ORDINANCE TO AMEND AUGUSTA, GEORGIA CODE SECTIONS 3-5-1 AND 3-5-86 TO ALLOW PERSONAL TRANSPORTATION VEHICLES WITH SPECIFIED SAFETY FEATURES TO BE USED ON CERTAIN STREETS; TO PROVIDE FOR DEFINITIONS; TO PROVIDE FOR SAFETY REQUIREMENTS AND REGISTRATION PROCEDURES FOR PERSONAL TRANSPORTATION VEHICLES TO BE USED ON AUGUSTA STREETS FOR THE PURPOSE OF REDUCING HARMFUL ENVIRONMENTAL EMISSIONS AND SUPPORTING TOURISM; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, Augusta, Georgia Code Section § 3-5-1 provides for definitions of Personal Transportation Vehicles (PTVs), Golf Carts and other terms; and WHEREAS, Augusta, Georgia Code Section § 3-5-86 allows for the travel of PTVs on several streets as specifically authorized by the Augusta, Georgia Commission; and WHEREAS, Augusta, Georgia is the Golf Cart capital of the world and home of the Augusta National Golf course and the Augusta, Georgia Commission seeks to expand the use of such vehicles on specified streets where the speed limit does not exceed 35 miles per hour; and WHEREAS, Augusta, Georgia desires to reduce harmful carbon emissions by encouraging the use of PTVs in certain areas; and WHEREAS, it is the desire of the Commission to set appropriate safety standards for PTVs to be used on specified Augusta streets and to create procedures to for the registration and permitting of PTVs used for such purposes; THE AUGUSTA, GEORGIA COMMISSION ordains as follows: Page 2 of 25 SECTION 1. Augusta, Georgia Code Section § 3-5-1 is hereby deleted in its entirety, as set forth in “Exhibit A” hereto. SECTION 2. In lieu thereof, a new § 3-5-1 is enacted which provides for more definitions and re-orders the definitions, as set forth in “Exhibit B” hereto. SECTION 3. Augusta, Georgia Code Section § 3-5-86 is hereby deleted in its entirety, as set forth in “Exhibit C” hereto. SECTION 4. In lieu thereof, a new § 3-5-86 is enacted which provides, as set forth in “Exhibit D” hereto. SECTION 5. This ordinance shall become effective upon its adoption in accordance with applicable laws. SECTION 6. All ordinances or parts of ordinance in conflict herewith are hereby repealed. Adopted this _____ day of ____________________, 2013. 1st Reading ____________________ _____________________________ Hardie Davis, Jr. As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission Page 3 of 25 Exhibit “A” Sec. 3-5-1. Definitions of words and phrases. (a) The following words and phrases when used in this chapter shall for the purpose of this chapter have the meanings respectively ascribed to them in this section, except when the context otherwise requires. (b) Whenever any words and phrases used in this chapter are not defined herein but are defined in the state laws regulating the operation of vehicles, any such definition therein shall be deemed to apply to such words and phrases used herein, except when the context otherwise requires. (1) Alley. A street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic. (2) Arterial street. Any U.S. or state numbered route, controlled access highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways. (3) Authorized emergency vehicle. Such fire department vehicles, Sheriff's Department vehicles, ambulances as are publicly owned, and such other publicly or privately owned vehicles as are designated or authorized by the Sheriff's Department. (4) Bicycle. Every device propelled by human power upon which any person may ride, having two (2) tandem wheels either of which is more than fourteen (14) inches in diameter. (5) Bus. Every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. (6) Business district. The territory contiguous to and including a highway when within any six hundred (600) feet along such roadway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks or office buildings, railroad stations and public buildings which occupy at least three hundred (300) feet of frontage on one (1) side or three hundred (300) feet collectively on both sides of the roadway, provided that such business district is designated and marked as such by the traffic engineer. (7) Crosswalk. a. That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the roadway measured from the curbs or in the absence of curbs, from the edges of the transversable roadway; b. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. Page 4 of 25 (8) Department. The Sheriff's Department of Richmond County acting directly or through its duly authorized officers or agents. (9) Driver. Every person who drives or is in actual physical control of a vehicle. (10) Driver's license. Any license to operate a motor vehicle issued under the laws of this state. (11) Gross weight. The weight of a vehicle without load plus the weight of any load thereon. (12) Highway. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular traffic. (13) House trailer. a. A trailer or semitrailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place (either permanently or temporarily) and is equipped for use as a conveyance on streets or highways; or b. A trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in paragraph (a), but which is used instead permanently or temporarily for the advertising, sales, display or promotion of merchandise or services or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier. (14) Intersection. a. The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. b. Where a highway includes two (2) roadways thirty (30) feet or more apart, every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two (2) roadways thirty (30) feet or more apart, every crossing Of two (2) roadways of such highways shall be regarded as a separate intersection. (15) Laned roadway. A roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic. (16) Limited-access highway. Every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway. Page 5 of 25 (17) Loading zone. A space reserved for the exclusive use of vehicles during the loading or unloading of passengers or property. (18) Motor vehicle. Every vehicle which is self-propelled, either by internal-combustion engine or by electric power. (19) Motorcycle. Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor. (20) Officer. Every officer of the Richmond County Sheriff’s Department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. (21) Official time standard. Whenever certain hours are named herein they shall mean standard time or daylight saving time as may be in current use in Augusta-Richmond County. (22) Official traffic-control devices. All signs, signals, markings and devices not inconsistent with this chapter and the laws of this state placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic. (23) Park or parking. The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers. (24) Passenger curb loading zone. A place reserved for the exclusive use of vehicles while receiving or discharging passengers. (25) Pedestrian. Any person afoot. (26) Person. Every natural person, firm, co-partnership, association or corporation. (27) Private road or driveway. Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. (28) Railroad. A carrier of persons or property upon cars operated from stationary rails. (29) Railroad sign or signal. Any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. (30) Railroad train. A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails. Page 6 of 25 (31) Residence district. The territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of three hundred (300) feet or more is predominantly residential in nature. (32) Right-of-way. The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other. (33) Road or roadway. That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways, the term roadway as used herein shall refer to any such roadway separately but not to all such roadways collectively. (34) Safety zone. The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. (35) Sheriff. The Sheriff of Richmond County, Georgia. (36) Sidewalk. That portion of a street between the curb lines or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians. (37) Stand or standing. The halting of a vehicle whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. (38) Stop. When required, means complete cessation from movement. (39) Stop or stopping. When prohibited, means any halting, even momentarily, of a vehicle, whether occupied or not except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal. (40) Street. The entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (41) Through street or road. Every street or road or portion thereof on which vehicular traffic is given preferential right of way, and at the entrances to which vehicular traffic from intersection streets or roads is required by law to yield the right-of-way to vehicles on such through street or road in obedience to a stop sign, yield sign, or other traffic-control device, when such signs or devices are erected as provided in this chapter and the laws of this state. (42) Tractor. Page 7 of 25 a. Truck tractor. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. b. Farm tractor. Every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry. c. Road tractor. Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn. (43) Traffic. Pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel. (44) Traffic-control signal. Any device, whether manually, electrically or mechanically operated, by which traffic is alternatively directed to stop and permitted to proceed. (45) Traffic division. The traffic division of the Richmond County Sheriff’s Department, or in the event a traffic division is not established, then said term whenever used herein shall be deemed to refer to the Sheriff’s Department. (46) Truck. Every motor vehicle designed, used or maintained primarily for the transportation of property. (47) Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. (48) Motorized Cart. Every motor vehicle having no less than three wheels and an unladen weight of 1,300 pounds or less and which cannot operate at more than 20 miles per hour. Page 8 of 25 Exhibit “B” Sec. 3-5-1. Definitions of words and phrases. (a) The following words and phrases when used in this chapter shall for the purpose of this chapter have the meanings respectively ascribed to them in this section, except when the context otherwise requires. (b) Whenever any words and phrases used in this chapter are not defined herein but are defined in the state laws regulating the operation of Personal Transportation (PTVs) and other vehicles, any such definition therein shall be deemed to apply to such words and phrases used herein, except when the context otherwise requires. (1) Alley. A street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic. (2) Arterial street. Any U.S. or state numbered route, controlled access highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways. (3) Authorized emergency vehicle. Such Fire Department vehicles, Sheriff's Department vehicles, ambulances as are publicly owned, and such other publicly or privately owned vehicles as are designated or authorized by the Sheriff's Department or the Augusta, Georgia Commission. (4) Bicycle. Every device propelled by human power upon which any person may ride, having two (2) tandem wheels either of which is more than fourteen (14) inches in diameter. (5) Bus. Every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. (6) Business district. The territory contiguous to and including a highway, when within any six hundred (600) feet along such roadway, there are buildings in Page 9 of 25 use for business or industrial purposes, including but not limited to hotels, banks or office buildings, railroad stations and public buildings which occupy at least three hundred (300) feet of frontage on one (1) side or three hundred (300) feet collectively on both sides of the roadway, provided that such business district is designated and marked as such by the traffic engineer. (7) Commercial PTV Operator. A business or other entity providing transportation services to the public using PTVs. (8) Crosswalk. (i) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the roadway measured from the curbs or in the absence of curbs, from the edges of the traversable roadway; (ii) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. (9) Driver or Operator. Every person who drives or is in actual physical control of a vehicle. (10) Driver's license. Any license to operate a motor vehicle issued under the laws of this state. (11) Employer PTV Operator. A business or other entity having an office or business in an area designated for PTV use that provides transportation services for its employees using PTVs. (12) “Golf cart” a/k/a “golf car”. A vehicle whose designed purpose and exclusive use is to convey a person or persons and equipment to play the game of golf in an area designated as a golf course. To qualify as a golf car the vehicle’s average speed shall be less than (24 km/h) 15 MPH on a horizontally level surface, 0.5% grade (0.3 degrees) comprised of a straight course composed of a concrete or asphalt surface that is dry and free from loose material or surface contamination with a minimum coefficient of friction of 0.8 between tire and surface. Page 10 of 25 (13) Gross weight. The weight of a vehicle without load plus the weight of any load thereon. (14) Highway or street. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular traffic. (15) House trailer. (i) A trailer or semitrailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place (either permanently or temporarily) and is equipped for use as a conveyance on streets or highways; or (ii) A trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in paragraph (a), but which is used instead permanently or temporarily for the advertising, sales, display or promotion of merchandise or services or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier. (16) Intersection. (i) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. (ii) Where a highway includes two (2) roadways thirty (30) feet or more apart, every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two (2) roadways thirty (30) feet or more apart, every crossing of two (2) roadways of such highways shall be regarded as a separate intersection. (17) Laned roadway. A roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic. Page 11 of 25 (18) Light Transportation Vehicle. The following motor vehicles comprise the classification of Light Transportation Vehicle: Motorized Carts, Personal Transportation Vehicles; Light Utility Vehicles; and Low Speed Vehicles. (19) Light Utility Vehicle. A Light Utility Vehicle is any self-propelled, operator-controlled, off-road vehicle 72 inches or less in overall width, exclusive of added accessories and attachments, operable on three or more wheels, primarily intended to transport material loads or people, with a gross vehicle weight of 5,500 pounds or less, and a maximum average speed less than 25 miles per hour. (20) Limited-access highway. Every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway. (21) Loading zone. A space reserved for the exclusive use of vehicles during the loading or unloading of passengers or property. (22) Low Speed Vehicle. A low-speed vehicle (LSV) is any four-wheeled electric vehicle whose top speed attainable in one mile is greater than 20 miles per hour but not greater than 25 miles per hour on a paved level surface. (23) Motorized Cart. “Motorized Cart” is the term formerly used for “Personal Transportation Vehicle” or “PTV”. Whenever the term “Motorized Cart” appears in this Code it shall be construed to mean a PTV. (24) Motor vehicle. Every vehicle which is self-propelled, either by internal- combustion engine or by electric power. (25) Motorcycle. Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor. (26) Multipurpose off-highway vehicle. A vehicle having features specifically intended for utility use and having the following characteristics: Page 12 of 25 (i) intended to transport persons and/or cargo, with a top speed in excess of 25 mph (40.2 km/h) but not more than 50 mph (80.4 km/h) (ii) 2030 mm (80 in) or less in overall width (iii) designed to travel on four or more wheels (iv) using a steering wheel for steering control (v) with a non-straddle seat (vi) with a Gross Vehicle Weight Rating of no more than 1814 kg (4000 lb), and (vii) a minimum cargo capacity of 159 kg (350 lb). Width shall be exclusive of accessories and attachments. (27) Officer. Every officer of the Richmond County Sheriff’s Department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. (28) Official time standard. Whenever certain hours are named herein they shall mean standard time or daylight saving time as may be in current use in Augusta, Georgia. (29) Official traffic-control devices. All signs, signals, markings and devices not inconsistent with this chapter and the laws of this state placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic. (30) Park or parking. The standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers. (31) Passenger curb loading zone. A place reserved for the exclusive use of vehicles while receiving or discharging passengers. Page 13 of 25 (32) Pedestrian. Any person afoot. (33) Person. Every natural person, firm, co-partnership, association or corporation. (34) Personal Transportation Vehicle. Personal transportation vehicle" or “PTV” means any motor vehicle: (i) With a minimum of four wheels; (ii) Capable of a maximum level ground speed of less than 20 miles per hour; (iii) With a maximum gross vehicle unladen or empty weight of 1,375 pounds; and (iv) Capable of transporting not more than eight persons. The term does not include mobility aids, including power wheelchairs and scooters, that can be used indoors and outdoors for the express purpose of enabling mobility for a person with a disability. The term also does not include ATVs or multipurpose off highway vehicles. (35) Private road or driveway. Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. (36) Railroad. A carrier of persons or property upon cars operated from stationary rails. (37) Railroad sign or signal. Any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. (38) Railroad train. A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails. Page 14 of 25 (39) Residence district. The territory contiguous to and including a highway, not comprising a business district when the property on such highway for a distance of three hundred (300) feet or more, is predominantly residential in nature. (40) Right-of-way. The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other. (41) Road or roadway. That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways, the term roadway as used herein shall refer to any such roadway separately but not to all such roadways collectively. (42) Safety zone. The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. (43) Sheriff. The Sheriff of Richmond County, Georgia. (44) Sidewalk. That portion of a street between the curb lines or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians. (45) Stand or standing. The halting of a vehicle whether occupied or not, other than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. (46) Stop. When required, means complete cessation from movement. (47) Stop or stopping. When prohibited, means any halting, even momentarily, of a vehicle, whether occupied or not except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal. Page 15 of 25 (48) Street. The entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (49) Through street or road. Every street or road or portion thereof on which vehicular traffic is given preferential right of way, and at the entrances to which vehicular traffic from intersection streets or roads is required by law to yield the right-of-way to vehicles on such through street or road in obedience to a stop sign, yield sign, or other traffic-control device, when such signs or devices are erected as provided in this Code and the laws of this state. (50) Tractor. (i) Truck tractor. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. (ii) Farm tractor. Every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry. (iii) Road tractor. Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn. (51) Traffic. Pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel. (52) Traffic-control signal. Any device, whether manually, electrically or mechanically operated, by which traffic is alternatively directed to stop and permitted to proceed. (53) Traffic division. The traffic division of the Richmond County Sheriff’s Department, or in the event a traffic division is not established, then said term whenever used herein shall be deemed to refer to the Sheriff’s Department. (54) Truck. Every motor vehicle designed, used or maintained primarily for the transportation of property. Page 16 of 25 (55) Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. Page 17 of 25 Exhibit “C” Sec. 3-5-86 Operating a motorized cart on a public street, road or highway (a) No person shall operate any motorized cart upon a street, road, or public highway in Augusta-Richmond County, except as specifically provided herein. Further, no person shall operate any motorized cart on private property without the permission of the owner of such private property. (b) Pursuant to O.C.G.A. § 40-6-331, the following public streets and portions thereof are hereby designated for the combined use of motorized carts and regular vehicular traffic, upon the conditions hereinafter set forth: (1) J. Dewey Gray Circle, Wainbrook, Devore Place, and that section of Interstate Parkway lying between the intersection of Wainbrook and Devore Place, are hereby designated for the combined use of motorized carts and regular vehicular traffic herein; and (2) All that portion of Tenth Street located between Broad Street and the Savannah River, provided that such use may occur only on the “First Friday” of each month, between the hours of 5:00pm and 8:00pm, or at such other time(s) authorized by the Mayor of Augusta. (3) All that portion of Heath Drive beginning at the 300 block of Berckmans Road leading to the 400 block of Berckmans Road; All that portion Cherry Lane from the 300 block of Berckmans Road to the 300 block of Heath Drive; All that portion of Hemlock Hill Road from 300 block of Heath Drive to 2000 Block of Cherry Land; All that portion of Hillside Land from the 300 block of Berkman’s Road to the dead end. All that portion of Stanley Drive from 300 block of Heath Drive to 2700 block of Washington Road. (4) All that portion of Pine Needle Road from its intersection with Buena Vista and Cardinal Drive, and continuing west to the Forest Hills Golf Course entrance, during daylight hours between dawn and dusk. Page 18 of 25 (c) Appropriate signs giving notice of the combined use of motorized carts and regular vehicular traffic shall be poster on said roads as directed by the Traffic Engineer. (d) No motorized carts shall operate on said streets except between the hours of 30 minutes following sunrise and 30 minutes prior to sunset, except as otherwise provided herein. (e) All motorized carts shall be equipped with headlights, brake lights, a yellow caution light mounted on top of such motorized cart, and a caution sign. (f) All such motorized carts shall be registered with the Richmond County Sheriff’s Office for a fee of Fifteen Dollars ($15.00) with the license for the same to remain permanently with such cart unless such cart is sold, at which time the license shall be destroyed. (g) All motorized carts shall obey all rules of the road governing vehicular traffic on said public roads. Page 19 of 25 Exhibit “D” Sec. 3-5-86 Operating a Personal Transportation Vehicle on a public street, road or highway (a) The definitions contained in Section 3-5-1 of the AUGUSTA, GA. CODE shall be applicable to this Section. (b) All requests made to have additional roads designated for PTV use shall be directed to the Augusta, Georgia Traffic Engineer, but must be approved by the Augusta, Georgia Commission. (c) As required by O.C.G.A. § 40-6-331(c), Augusta, Georgia shall erect signs (having dimensions of at least 24 by 30 inches) on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the consolidated government of Augusta. Georgia. Such signs shall warn approaching motorists that PTVs are authorized for use on public streets. (d) Maps that clearly indicate locations of areas designated for PTV use should be posted on Augusta, Georgia’s web site [http://www.augustaga.gov] and be made available in printed form. (e) No person shall operate any Personal Transportation Vehicle (PTV) upon a street, road, or public highway in Augusta, Georgia, except as specifically provided herein. Further, no person shall operate any PTV on private property without the permission of the owner of such private property. (f) Pursuant to O.C.G.A. § 40-6-331, the following public streets and portions thereof are hereby designated for the combined use of PTVs and regular vehicular traffic, upon the conditions hereinafter set forth: (1) J. Dewey Gray Circle, Wainbrook, Devore Place, and that section of Interstate Parkway lying between the intersection of Wainbrook and Devore Page 20 of 25 Place, are hereby designated for the combined use of PTVs and regular vehicular traffic herein; and (2) All that portion of Heath Drive beginning at Wicklow Drive leading to Berckmans Road; and (3) All that portion of Pine Needle Road from its intersection with Buena Vista and Cardinal Drive, and continuing west to the Forest Hills Golf Course entrance, during daylight hours between dawn and dusk; and (4) Except as excluded below, all streets within the geographic area of downtown Augusta, Georgia (Downtown Area) described as having a northern boundary of the Georgia/South Carolina state line, a western boundary of 15th Street, a southern boundary of Laney Walker Blvd, and an eastern boundary of East Boundary Street. (5) Downtown Area Exclusions: (i) PTVs shall not be used on the following entire streets within the Downtown Area: John C. Calhoun Expressway, 15th Street, St. Sebastian Way, 13th Street, R.A. Dent, Walton Way, Laney Walker Blvd, Gordon Highway, and East Boundary Street. (ii) PTVs shall not be used on portions of the following streets within the Downtown Area: Reynolds Street between 15th Street and 13th Street, and Jones Street between 15th Street and 13th Street. (iii) The Augusta, Georgia Director of Engineering (or his designee) shall have the authority to designate specific locations for PTVs to cross streets that are not designated for PTV use. (g) No PTVs (except for Commercial and Employer operated PTVs) shall operate on said streets except between the hours of 30 minutes following sunrise and 30 minutes prior to sunset. Commercial and Employer PTVs shall not be operated on Page 21 of 25 said streets from midnight to 6:00 a.m., but may be operated on such streets at all other times. (h) All PTVs shall be equipped with: (1) A braking system sufficient for the weight and passenger capacity of the vehicle, including a parking brake; (2) A reverse warning device functional at all times when the directional control is in the reverse position; (3) A main power switch. When the switch is in the 'off' position, or the key or other device that activates the switch is removed, the motive power circuit shall be inoperative. If the switch uses a key, it shall be removable only in the 'off' position; (4) Head lamps; (5) Reflex reflectors (6) Tail lamps; (7) A horn; (8) A rearview mirror; (9) Safety warning labels; (10) Hip restraints and hand holds or a combination thereof; (11) Brake lights (12) High-mount strobe light for increased visibility (i) In addition to the requirements above, all Commercial PTVs must have four- wheel disk brakes, be uniquely keyed or have a “lockout” key switch (requires code to be entered on keypad for security before vehicle will operate), be equipped with United States Department of Transportation approved tires and be marked in a Page 22 of 25 conspicuous manner with the name of the company or organization operating the Commercial PTV. (j) Minimum Licensing and Insurance Coverage Requirements. (1) All PTV drivers must have a driver’s license. (2) Commercial PTV operators must have at least $200,000 of liability insurance coverage. (3) Employer PTV operators must have at least $100,000 of liability insurance coverage. (4) All other PTVs must have liability insurance coverage in at least the same amount as would be required for a full sized motor vehicle in Georgia. (k) Limitations and Safety Criteria for all PTVs. PTV operation on designated public roads of Augusta, Georgia shall be in accordance with the following limitations: (1) No person shall operate a PTV on a public road of Augusta, Georgia unless that road is designated for PTV operation and is posted with the required sign(s). (2) No PTV shall be driven across any road at an intersection where the road being crossed has a posted speed limit of more than thirty-five (35) miles per hour. (3) The maximum occupancy of a PTV traveling on roads will be one person per designated seat. (4) The use or consumption of alcoholic beverages or other mind altering substances while operating or occupying a PTV on public roads is prohibited. Page 23 of 25 (5) Every person operating a PTV on a public roadway has the rights and duties applicable to the driver or operator of any other vehicle under the provisions of Chapters 58 and 69 of Title 40 of the Official Code of Georgia, as applicable. (6) No PTV may be operated at a rate of speed greater than reasonable or proper under all surrounding circumstances, but in no event at a speed greater than 20 miles per hour unless the vehicle is a low speed vehicle complying with Federal Motor Vehicle Safety Standards (FMVSS) 500 in which case it may not be operated at a speed greater than 25 miles per hour. (l) Registration, Proof of Insurance and Permit Process. (1) All PTVs shall be registered with the Augusta, Georgia Planning and Development Department and PTV owners must obtain a permit to operate a PTV on any street designated for PTV use. A fee of $15.00 is required to register a PTV and obtain a permit. PTV owners must complete the permit registration form provided for the foregoing purpose. A granted permit will be valid for not less than a period of five (5) years. A permit may be revoked for a violation of any provision of this ordinance. The Planning and Development Department will issue visible proof of compliance, (certification decal), that must be attached to the driver's side of the PTV. The certification decal shall remain permanently with the vehicle unless the vehicle is sold or the decal is destroyed. The completed forms will be maintained by the Planning and Development Department. (2) An education and information package describing the requirements of the Augusta, Georgia PTV transportation program shall to be distributed with the PTV registration decal. (3) A PTV shall be insured as required by Georgia’s motor vehicle insurance law, and the operator must carry proof of insurance when operating the PTV. (g) Enforcement of PTV transportation plan; Sanctions. Page 24 of 25 Any act constituting a violation of this Ordinance or a failure to comply with any of its requirements shall subject the offender to a civil penalty of up to one thousand dollars ($1,000.00) and/or sixty (60) days in jail. Additionally, offenders may have their permit to operate a PTV revoked. (h) Exceptions. The geographic limitations set forth herein shall not apply to PTVs being operated as follows: (1) To cross a road from one portion of a golf course to another portion thereof or to another adjacent golf course; or to travel between a person's home and golf course if (i) the trip would not be longer than one mile in either direction; (ii) the speed limit on the road is no more than twenty-five (25) miles per hour; and (iii) the route does not cross a road that has a speed limit of more than 35 miles per hour. (2) To the extent necessary for Augusta, Georgia employees and Augusta, Georgia contractors to fulfill a governmental purpose, or as otherwise authorized by Augusta, Georgia, provided the PTV is not operated on a public road of Augusta, Georgia with a posted speed limit over 35 miles per hour; (3) As necessary by employees of public or private institutions of higher education if operating on roads within the property limits of such institutions, provided the PTV is being operated on roads with speed limits of twenty-five (25) miles per hour or less. (i) Governmental Operations. Augusta, Georgia is permitted to operate Augusta, Georgia owned PTVs for the purposes of government maintenance, traffic enforcement or other government business, on Augusta, Georgia streets as well as private property. Generally, these PTVs shall be equipped with flashing yellow warning lights to the front and rear or Page 25 of 25 a yellow flashing light on top. Augusta, Georgia and other governmental agencies shall be exempt from the permit requirements contained in this ordinance. (j) Conflict with State Law To the extent that there is any conflict between this Code and any federal law or Georgia law, the federal or Georgia law shall prevail. (k) No Assumption of Liability. Nothing in this section shall be construed as an assumption of liability by Augusta, Georgia for any injuries or death to persons or property damage in connection with, including, but not limited to: 1) the operation of a PTV; 2) the grant of an PTV permit; or 3) the failure by Augusta, Georgia to revoke a PTV permit. (l) Effective Date. This Ordinance shall become effective ____________. Page 1 of 20 Exhibit “B” Sec. 3-5-1. Definitions of words and phrases. (a) The following words and phrases when used in this chapter shall for the purpose of this chapter have the meanings respectively ascribed to them in this section, except when the context otherwise requires. (b) Whenever any words and phrases used in this chapter are not defined herein but are defined in the state laws regulating the operation of Personal Transportation (PTVs) and other vehicles, any such definition therein shall be deemed to apply to such words and phrases used herein, except when the context otherwise requires. (1) Alley. A street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic. (2) Arterial street. Any U.S. or state numbered route, controlled access highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways. (3) Authorized emergency vehicle. Such fFire dDepartment vehicles, Sheriff's Department vehicles, ambulances as are publicly owned, and such other publicly or privately owned vehicles as are designated or authorized by the Sheriff's Department or the Augusta, Georgia Commission. (4) Bicycle. Every device propelled by human power upon which any person may ride, having two (2) tandem wheels either of which is more than fourteen (14) inches in diameter. (5) Bus. Every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. (6) Business district. The territory contiguous to and including a highway, when within any six hundred (600) feet along such roadway, there are buildings in Page 2 of 20 use for business or industrial purposes, including but not limited to hotels, banks or office buildings, railroad stations and public buildings which occupy at least three hundred (300) feet of frontage on one (1) side or three hundred (300) feet collectively on both sides of the roadway, provided that such business district is designated and marked as such by the traffic engineer. (6)(7) Commercial PTV Operator. A business or other entity providing transportation services to the public using PTVs. (7)(8) Crosswalk. (i) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the roadway measured from the curbs or in the absence of curbs, from the edges of the traversable roadway; (ii) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. Department. The Sheriff's Department of Richmond County acting directly or through its duly authorized officers or agents. (8)(9) Driver or Operator. Every person who drives or is in actual physical control of a vehicle. (9)(10) Driver's license. Any license to operate a motor vehicle issued under the laws of this state. (11) Employer PTV Operator. A business or other entity having an office or business in an area designated for PTV use that provides transportation services for its employees using PTVs. (10)(12) “Golf cart” a/k/a “golf cart”. A vehicle whose designed purpose and exclusive use is to convey a person or persons and equipment to play the game of golf in an area designated as a golf course. To qualify as a golf car the vehicle’s average speed shall be less than (24 km/h) 15 MPH on a horizontally level surface, 0.5% grade (0.3 degrees) comprised of a straight course composed of a concrete or asphalt surface that is dry and free from loose Page 3 of 20 material or surface contamination with a minimum coefficient of friction of 0.8 between tire and surface. (11)(13) Gross weight. The weight of a vehicle without load plus the weight of any load thereon. (12)(14) Highway or street. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular traffic. (13)(15) House trailer. (i) A trailer or semitrailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place (either permanently or temporarily) and is equipped for use as a conveyance on streets or highways; or (ii) A trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in paragraph (a), but which is used instead permanently or temporarily for the advertising, sales, display or promotion of merchandise or services or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier. (14)(16) Intersection. (i) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. (ii) Where a highway includes two (2) roadways thirty (30) feet or more apart, every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two (2) roadways thirty (30) feet or more apart, every crossing Oof two (2) roadways of such highways shall be regarded as a separate intersection. Page 4 of 20 (15)(17) Laned roadway. A roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic. (16)(18) Light Transportation Vehicle. The following motor vehicles comprise the classification of Light Transportation Vehicle: Motorized Carts, Personal Transportation Vehicles; Light Utility Vehicles; and Low Speed Vehicles. (17)(19) Light Utility Vehicle. A Light Utility Vehicle is any self-propelled, operator-controlled, off-road vehicle 72 inches or less in overall width, exclusive of added accessories and attachments, operable on three or more wheels, primarily intended to transport material loads or people, with a gross vehicle weight of 5,500 pounds or less, and a maximum average speed less than 25 miles per hour. (18)(20) Limited-access highway. Every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway. (19)(21) Loading zone. A space reserved for the exclusive use of vehicles during the loading or unloading of passengers or property. (20)(22) Low Speed Vehicle. A low-speed vehicle (LSV) is any four-wheeled electric vehicle whose top speed attainable in one mile is greater than 20 miles per hour but not greater than 25 miles per hour on a paved level surface. and which is except as specifically provided herein. Further, no person shall operate any LTV on private property without the permission of the owner of such private property. (21)(23) Motorized Cart. “Motorized Cart” is the term formerly used for “Personal Transportation Vehicle” or “PTV”. Whenever the term “Motorized Cart” appears in this Codeordinance it shall be construed to mean a PTV. (22)(24) Motor vehicle. Every vehicle which is self-propelled, either by internal- combustion engine or by electric power. Page 5 of 20 (23)(25) Motorcycle. Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor. (24)(26) Multipurpose off-highway vehicle. A vehicle having features specifically intended for utility use and having the following characteristics: (i) intended to transport persons and/or cargo, with a top speed in excess of 25 mph (40.2 km/h) but not more than 50 mph (80.4 km/h) (ii) 2030 mm (80 in) or less in overall width (iii) designed to travel on four or more wheels (iv) using a steering wheel for steering control (v) with a non-straddle seat (vi) with a Gross Vehicle Weight Rating of no more than 1814 kg (4000 lb), and (vii) a minimum cargo capacity of 159 kg (350 lb). Width shall be exclusive of accessories and attachments. (25)(27) Officer. Every officer of the Richmond County Sheriff’s Department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. (26)(28) Official time standard. Whenever certain hours are named herein they shall mean standard time or daylight saving time as may be in current use in Augusta, Georgia-Richmond County. (27)(29) Official traffic-control devices. All signs, signals, markings and devices not inconsistent with this chapter and the laws of this state placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic. Page 6 of 20 (28)(30) Park or parking. The standing of a vehicle, whether occupied or not, other thanwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers. (29)(31) Passenger curb loading zone. A place reserved for the exclusive use of vehicles while receiving or discharging passengers. (30)(32) Pedestrian. Any person afoot. (31)(33) Person. Every natural person, firm, co-partnership, association or corporation. (32)(34) Personal Transportation Vehicle. Personal transportation vehicle" or “PTV” means any motor vehicle: (i) a. With a minimum of four wheels; (ii) b. Capable of a maximum level ground speed of less than 20 miles per hour; (iii) c. With a maximum gross vehicle unladen or empty weight of 1,375 pounds; and (iv) d. Capable of transporting not more than eight persons. The term does not include mobility aids, including power wheelchairs and scooters, that can be used indoors and outdoors for the express purpose of enabling mobility for a person with a disability. The term also does not include ATVs or multipurpose off highway vehicles. (33)(35) Private road or driveway. Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. (34)(36) Railroad. A carrier of persons or property upon cars operated from stationary rails. Page 7 of 20 (35)(37) Railroad sign or signal. Any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. (36)(38) Railroad train. A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails. (37)(39) Residence district. The territory contiguous to and including a highway, not comprising a business district when the property on such highway for a distance of three hundred (300) feet or more, is predominantly residential in nature. (38)(40) Right-of-way. The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other. (39)(41) Road or roadway. That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways, the term roadway as used herein shall refer to any such roadway separately but not to all such roadways collectively. (40)(42) Safety zone. The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. (41)(43) Sheriff. The Sheriff of Richmond County, Georgia. (42)(44) Sidewalk. That portion of a street between the curb lines or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians. (43)(45) Stand or standing. The halting of a vehicle whether occupied or not, other wise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. (44)(46) Stop. When required, means complete cessation from movement. Page 8 of 20 (45)(47) Stop or stopping. When prohibited, means any halting, even momentarily, of a vehicle, whether occupied or not except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal. (46)(48) Street. The entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (49) Through street or road. Every street or road or portion thereof on which vehicular traffic is given preferential right of way, and at the entrances to which vehicular traffic from intersection streets or roads is required by law to yield the right-of-way to vehicles on such through street or road in obedience to a stop sign, yield sign, or other traffic-control device, when such signs or devices are erected as provided in this chapterCode and the laws of this state. (47) (48)(50) Tractor. (i) Truck tractor. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. (ii) Farm tractor. Every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry. (iii) Road tractor. Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn. (49)(51) Traffic. Pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel. (50)(52) Traffic-control signal. Any device, whether manually, electrically or mechanically operated, by which traffic is alternatively directed to stop and permitted to proceed. Page 9 of 20 (51)(53) Traffic division. The traffic division of the Richmond County Sheriff’s Department, or in the event a traffic division is not established, then said term whenever used herein shall be deemed to refer to the Sheriff’s Department. (52)(54) Truck. Every motor vehicle designed, used or maintained primarily for the transportation of property. (53)(55) Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. Page 10 of 20 Exhibit “D” Sec. 3-5-86 Operating a Personal Transportation Vehicle motorized cart on a public street, road or highway (a) (a) (a) The definitions contained in Section 3-5-1 of the AUGUSTA, GA. CODE shall be applicable to this Section. (b) All requests made to have additional roads designated for PTV use shall be directed to the Augusta, Georgia Traffic Engineer, but must be approved by the Augusta, Georgia Commission. (c) As required by O.C.G.A. § 40-6-331(c), Augusta, Georgia shall erect signs (having dimensions of at least 24 by 30 inches) on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the consolidated government of Augusta. Georgia. Such signs shall warn approaching motorists that PTVs are authorized for use on public streets. (d) Maps that clearly indicate locations of areas designated for PTV use should be posted on Augusta, Georgia’s web site [http://www.augustaga.gov] and be made available in printed form. (a)(e) No person shall operate any motorized cart Personal Transportation Vehicle (PTV) upon a street, road, or public highway in Augusta, Georgia-Richmond County, except as specifically provided herein. Further, no person shall operate any motorized cartPTV on private property without the permission of the owner of such private property. (b)(f) (b) Pursuant to O.C.G.A. § 40-6-331, the following public streets and portions thereof are hereby designated for the combined use of motorized cartPTVs and regular vehicular traffic, upon the conditions hereinafter set forth: (1) J. Dewey Gray Circle, Wainbrook, Devore Place, and that section of Interstate Parkway lying between the intersection of Wainbrook and Devore Page 11 of 20 Place, are hereby designated for the combined use of motorized cartPTVs and regular vehicular traffic herein; and (2) All that portion of Tenth Street located between Broad Street and the Savannah River, provided that such use may occur only on the “First Friday” of each month, between the hours of 5:00pm and 8:00pm, or at such other time(s) authorized by the Mayor of Augusta. (32) All that portion of Heath Drive beginning at Wicklow Drive the 300 block of Berckmans Road leading to the 400 block of Berckmans Road; All that portion Cherry Lane from the 300 block of Berckmans Road to the 300 block of Heath Drive; All that portion of Hemlock Hill Road from 300 block of Heath Drive to 2000 Block of Cherry Land; All that portion of Hillside Land from the 300 block of Berkman’s Road to the dead end. All that portion of Stanley Drive from 300 block of Heath Drive to 2700 block of Washington Road.and (43) All that portion of Pine Needle Road from its intersection with Buena Vista and Cardinal Drive, and continuing west to the Forest Hills Golf Course entrance, during daylight hours between dawn and dusk.; and (4) Except as excluded below, all streets within the geographic area of downtown Augusta, Georgia (Downtown Area) described as having a northern boundary of the Georgia/South Carolina state line, a western boundary of 15th Street, a southern boundary of Laney Walker Blvd, and an eastern boundary of East Boundary Street. (5) Downtown Area Exclusions: (i) PTVs shall not be used on the following entire streets within the Downtown Area: John C. Calhoun Expressway, 15th Street, St. Sebastian Way, 13th Street, R.A. Dent, Walton Way, Laney Walker Blvd, Gordon Highway, and East Boundary Street. Page 12 of 20 (ii) PTVs shall not be used on portions of the following streets within the Downtown Area: Reynolds Street between 15th Street and 13th Street, and Jones Street between 15th Street and 13th Street. (iii) The Augusta, Georgia Director of Engineering (or his designee) shall have the authority to designate specific locations for PTVs to cross streets that are not designated for PTV use. (c) Appropriate signs giving notice of the combined use of motorized carts and regular vehicular traffic shall be poster on said roads as directed by the Traffic Engineer. (d) (e)(g) (d) No motorized cartPTVs (except for Commercial and Employer operated PTVs) shall operate on said streets except between the hours of 30 minutes following sunrise and 30 minutes prior to sunset, except as otherwise provided herein. Commercial and Employer PTVs shall not be operated on said streets from midnight to 6:00 a.m., but may be operated on such streets at all other times. (h) (e) All motorized cartPTVs shall be equipped with headlights, brake lights, a yellow caution light mounted on top of such motorized cart, and a caution sign.: (1) A braking system sufficient for the weight and passenger capacity of the vehicle, including a parking brake; (2) A reverse warning device functional at all times when the directional control is in the reverse position; (3) A main power switch. When the switch is in the 'off' position, or the key or other device that activates the switch is removed, the motive power circuit shall be inoperative. If the switch uses a key, it shall be removable only in the 'off' position; (4) Head lamps; Reflex reflectors; (5) Reflex reflectors Page 13 of 20 (6) Tail lamps; Turn signals (7) A horn; (8) A rearview mirror; (9) Safety warning labels; (10) Hip restraints and hand holds or a combination thereof; (11) Brake lights (12) High-mount strobe light for increased visibility (10 Brake lights High-mount strobe light for increased visibility Side/rear reflectors Top/windshield (i) In addition to the requirements above, all Commercial PTVs must have four- wheel disk brakes, have be uniquely keyed or have a “lockout” key switch (requires code to be entered on keypad for security before vehicle will operate), be equipped with United States Department of Transportation approved tires and be marked in a conspicuous manner with the name of the company or organization operating the Commercial PTV. (f) All such motorized carts shall be registered with the Richmond County Sheriff’s Office for a fee of Fifteen Dollars ($15.00) with the license for the same to remain Page 14 of 20 permanently with such cart unless such cart is sold, at which time the license shall be destroyed. (g) All motorized carts shall obey all rules of the road governing vehicular traffic on said public roads. Minimum Licensing and Insurance Coverage Requirements. (j) (1) All PTV drivers must have a driver’s license. (2) Commercial PTV operators must have at least $200,000 of liability insurance coverage. (3) Employer PTV operators must have at least $100,000 of liability insurance coverage. (4) All other PTVs must have liability insurance coverage in at least the same amount as would be required for a full sized motor vehicle in Georgia. All Tourism PTV drivers shall have a driver’s license. (1) All Tourism PTV operators shall have at least $200,000 of liability insurance coverage. Sec. 3-5-86 Operating Light Transportation Vehicles including golf carts on public streets, roads or highways. (a) The definitions contained in Section 3-5-1 of the AUGUSTA, GA. CODE shall be applicable to this Section. (b) No person shall operate any Light Transportation Vehicle (LTV) upon a street, road, or public highway in Augusta, Georgia, except as specifically provided herein. Page 15 of 20 Further, no person shall operate any LTV on private property without the permission of the owner of such private property. (c) Designation of public roads of Augusta, Georgia for LTV operation; posting of signs. (1) Pursuant to Section 40-6-331 and 40-6-360 of the Official Code of Georgia, the Augusta, Georgia Commission may authorize by ordinance, the operation of LTVs on designated public roads (Controlled Operating Environments) within the jurisdiction of Augusta, Georgia after (i) considering the speed, volume, and character of motor vehicle traffic using public roads, and (ii) determining that LTV operation on particular roads is compatible with state and local transportation plans and consistent with the state of Georgia’s statewide pedestrian policy. No public road of Augusta, Georgia shall be designated for use by LTVs if LTV operation will impede the safe and efficient flow of motor vehicle traffic, or if the road's posted speed limit is greater than thirty (30) miles per hour, except that use of LTVs on are permitted on the following streets having a speed limit of thirty-five (35) miles per hour: (i) Reynolds Street from 5th Street to 10th Street. (2) All requests made to have additional roads designated for LTV use shall be directed to the Augusta, Georgia Traffic Engineer. (3) As required by O.C.G.A.§ 40-6-331(c), Augusta, Georgia shall erect signs (having dimensions of at least 24 by 30 inches) on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the consolidated government of Augusta. Georgia. Such signs shall warn approaching motorists that motorized carts are authorized for use on public streets. (f) (4) Maps that clearly indicate locations of Controlled Operating Environments should be posted on Augusta, Georgia’s web site [http://www.augustaga.gov] and be distributed or made available in printed form to all known users. Page 16 of 20 (g) (h)(k) (d) Limitations and Safety Criteria for all PTVs. LTVPTV operation on designated public roads of Augusta, Georgia shall be in accordance with the following limitations: (1) No person shall operate a LTVPTV on a public road of Augusta, Georgia unless that road is designated for LTVPTV operation and is posted with the required sign(s). (2) LTVs may only be driven on roads having a speed limit of thirty miles per hour (30 mph) or less, except that LTVs may Citizens may request the addition of specific roads to the map. (32) No LTVPTV shall be driven across any road at an intersection where the road being crossed has a posted speed limit of more than thirty-five (35) miles per hour. (43) The maximum occupancy of a LTVPTV traveling on roads will be one person per designated seat. (54) The use or consumption of alcoholic beverages or other mind altering substances while operating or occupying a LTVPTV on public roads is prohibited. (6) No person shall operate any LTV on any designated public road of Augusta, Georgia unless the person possesses a valid driver's license. (7) LTV operators shall maintain their LTVs in a safe condition and ensure that an unobstructed view to the rear is maintained at all times the LTV is in operation on public roads. Page 17 of 20 (85) Every person operating a LTVPTV on a public roadway has the rights and duties applicable to the driver or operator of any other vehicle under the provisions of Chapters 58 and 69 of Title 40 of the Official Code of Georgia, as applicable. (96) No LTVPTV may be operated at a rate of speed greater than reasonable or proper under all surrounding circumstances, but in no event at a speed greater than 20 miles per hour unless the vehicle is a low speed vehicle complying with Federal Motor Vehicle Safety Standards (FMVSS) 500 in which case it may not be operated at a speed greater than 25 miles per hour. (10) No LTV shall operate on a public roadway except between the hours of 30 minutes following sunrise and 30 minutes prior to sunset, except as otherwise provided herein. (i) (e) Rules of the Road. (j) (k) (1) All LTVs are entitled to full use of a lane, and no motor vehicle shall be driven in such a manner as to deprive any LTV of the full use of a lane. (l) (m) (2) The operator of a LTV shall not overtake and pass in the same lane occupied by the vehicle being overtaken. (n) (o) (3) No person shall operate a LTV between lanes of traffic or between adjacent lines or rows of vehicles. (p) (q) (4) LTVs shall not be operated two or more abreast in a single lane. (r) (s) (f) Equipment. LTVs shall be equipped at a minimum with what is required under O.C.G.A. § 40-1-1(43.1), i.e., (1) A braking system sufficient for the weight and passenger capacity of the vehicle, including a parking brake; (2) A reverse warning device functional at all times when the directional control is in the reverse position; (3) A main power switch. When the switch is in the 'off' position, or the key or other device that activates the switch is removed, the motive power circuit shall be inoperative. If the switch uses a key, it shall be removable only in the 'off' position; (4) Head lamps; (5) Reflex reflectors; (6) Tail lamps; (7) A horn; (8) A rearview mirror; (9) Safety warning labels; and (10) Hip restraints and hand holds. Page 18 of 20 If the LTV is a Low Speed Vehicle it shall also be manufactured in compliance with those federal motor vehicle safety standards for low-speed vehicles set forth in 49 C.F.R. Section 571.500 and in effect on January 1, 2001 including without limitation the required equipment and performance limit specified in 5(a) of Section 571.500 under the specified test conditions. (t) (u)(l) (g) Registration, Proof of Insurance and Permit Process. (1) All PTVs shall be registered with the Augusta, Georgia Planning and Development Department and PTV owners must obtain a permit to operate a PTV on any street designated for PTV use. A fee of $15.00 is required to register a LTVPTV and obtain a permitfor use on public roads will be charged by the Richmond County Sheriff’s Office to cover the costs of implementing and maintaining this Ordinance. LTVPTV owners must complete the permit registration form provided for the foregoing purpose. A granted permit will be valid for not less than a period up to one of five (15) years. Permits may be renewed annually upon the payment A permit may be revoked for a violation of any provision of this ordinance. The Planning and Development DepartmentSheriff’s Office will issue visible proof of compliance, (certification decal), that must be attached to the driver's side of the LTVPTV. The certification decal shall remain permanently with the vehicle unless the vehicle is sold or the decal is destroyed. The completed forms will be maintained by the Sheriff’s Office Planning and Development Department. Registration shall be denied vehicles capable of seating more than eight persons. (2) An education and information package describing the requirements of the Augusta, Georgia LTVPTV transportation program shall to be distributed with the LTVPTV registration decal. (3) An LTVPTV shall be insured as required by Georgia’s motor vehicle insurance law, and the operator must carry proof of insurance when operating the LTVPTV. (hg) Enforcement of LTVPTV transportation plan; Sanctions. Page 19 of 20 The Augusta, Georgia Commission finds and determines that it shall provide law enforcement for the GCV transportation plan and enforce the rules and regulations of the AUGUSTA, GA, CODE, and the Georgia Motor Vehicles and Traffic Code. Any act constituting a violation of this Ordinance or a failure to comply with any of its requirements shall subject the offender to a civil penalty of up to one thousandthree hundred fifty dollars ($1,03500.00) and/or sixty (60) days in jail. , plus the court costs and attorneys’ fees incurred by Augusta, Georgia. If the offender fails to pay the penalty within ten (10) days of receiving final written notice of a violation, the penalty may be recovered by the Sheriff’s Office in a civil action in the nature of a debt. Additionally, Repeat offenders may have their permit to operate a PTV privileges granted by this Ordinance revoked. (ih) Exceptions. The geographic limitations set forth hereinin subsection (d)(1) and (2) above shall not apply to LTVPTVs being operated as follows: (1) To cross a road from one portion of a golf course to another portion thereof or to another adjacent golf course; or to travel between a person's home and golf course if (i) the trip would not be longer than one mile in either direction; (ii) the speed limit on the road is no more than twenty-five (25) miles per hour; and (iii) the route does not crossing a road at an intersection at crossings or intersections designated for that purpose by Augusta, Georgia where the road that has a posted speed limit of not more than 35 miles per hour. (2) To the extent necessary for Augusta, Georgia employees and Augusta, Georgia contractors to fulfill a governmental purpose, or as otherwise authorized by Augusta, Georgia, provided the LTVPTV is not operated on a public road of Augusta, Georgia with a posted speed limit over thirty-five (35) miles per hour; (3) As necessary by employees of public or private institutions of higher education if operating on roads within the property limits of such institutions, provided the LTVPTV is being operated on roads with speed limits of twenty- five (25) miles per hour or less. Page 20 of 20 (ji). Augusta, Georgia Governmental Operations. Augusta, Georgia is permitted to operate Augusta, Georgia owned LTVPTVs for the purposes of government maintenance, traffic enforcement or other government business, on Augusta, Georgia streets as well as private property. Generally, these LTVPTVs shall be equipped with flashing yellow warning lights to the front and rear or a yellow flashing light on top. Augusta, Georgia and other governmental agencies shall be exempt from the permit requirements contained in this ordinance. k. (j) Conflict with State Law An ordinance adopted under this Section shall not conflict with or duplicate another state law. To the extent that there is any conflict between this Code and any federal law or Georgia law, the federal or Georgia law shall prevail. l.(k) No Assumption of Liability. Nothing in this section shall be construed as an assumption of liability by Augusta, Georgia for any injuries or death to persons or property damage in connection with, including, but not limited to: 1) the operation of a LTVPTV; 2) the grant of an LTVPTV permit; or 3) the failure by Augusta, Georgia to revoke an LTVPTV permit. l.(l) Effective Date. This Ordinance shall become effective ____________. Commission Meeting Agenda 6/5/2018 2:00 PM Motion to Approve Ordinance to Amend the Code to Allowfor the use of Personal Transportation Vehicles on Certain Streets Department:Traffic Engineering Department:Traffic Engineering Caption:Motion to approve an Ordinance to amend Augusta, Georgia Code Sections 3-5-1 and 3-5-86 to allow personal transportation vehicles with specified safety features to be used on certain streets; to provide for definitions; to provide for safety requirements and registration procedures for personal transportation vehicles to be used on Augusta streets for the purpose of reducing harmful environmental emissions and supporting tourism; to repeal all Code sections and ordinances and parts of Code sections and ordinances in conflict herewith; to provide an effective date and for other purposes. (No recommendation from Public Services Committee May 29, 2018) Background:Augusta, Georgia Code Section § 3-5-86 allows for the travel of Personal Transportation Vehicles (PTVs) on several streets as specifically authorized by the Augusta, Georgia Commission. There is a need to update the definitions applicable to the use of such vehicles, to establish safety standards and to create registration and permitting process for PTVs. Analysis:Using PTVs on additional specified streets in the downtown area will improve the livability of this area, provide additional tourism opportunities and reduce harmful carbon emissions as such vehicles have a significantly smaller carbon footprint as compared to other vehicles. Appropriate safety standards should be set for PTVs to be used on specified Augusta streets and procedures to for the registration and permitting of PTVs needs to be established. Financial Impact:Financial impact is minimal. Some funds will need to be used to put up appropriate signs designating the areas where PTVs are to be used and to purchase registration decals, permitting forms and other items as required by the Ordinance. Alternatives:Decline to amend the Code at this time. Recommendation:Approve. Funds are Available in the Following Accounts: Traffic Engineering for signs. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Page 1 of 21 Version 5-8-2018 ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE, TITLE FOUR, BY ADDING A NEW ARTICLE TO BE DESIGNATED ARTICLE 7 AND NEW SECTIONS TO BE DESIGNATED SECTIONS 4-2-77 THROUGH 4-2-97; TO REPEAL AUGUSTA, GA CODE TITLE FOUR, SECTION 4-2-1; TO RESTRICT SMOKING AND THE USE OF E-CIGARETTES IN PUBLIC PLACES AND IN PLACES OF PUBLIC ACCOMMODATION; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Whereas, secondhand smoke kills approximately 1,500 Georgia citizens every year; and Whereas, 21% of adults in Augusta still exposed to secondhand smoke at work; and Whereas, Richmond County ranks 124 out of 159 Georgia counties in health; and Whereas, according to the Economic Impact Evaluation of the 2010 Savannah Smoke-Free Air Ordinance by the Chronic Disease, Healthy Behavior and Injury Epidemiology Section and the Georgia Tobacco Use Prevention Program of the Georgia Department of Public Health, there was a 94% decrease in indoor air pollution after 1 year and no impact on taxable sales revenue for bars and full-service restaurants after adjusting for time, seasonality, etc; and Whereas, the 2006 U.S. Surgeon General's Report, the Health Consequences of Involuntary Exposure to Tobacco Smoke, has concluded that: (1) secondhand smoke exposure causes disease and premature death in children and adults who do not smoke; (2) children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory problems, ear infections, and asthma attacks, and that smoking by parents causes respiratory symptoms and slows lung growth in their children; (3) exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer; (4) there is no risk-free level of exposure to secondhand smoke; (5) establishing smokefree workplaces is the only effective way to ensure that secondhand smoke exposure does not occur in the workplace, because ventilation and other air cleaning technologies cannot completely control for exposure of nonsmokers to secondhand smoke; and (6) evidence from peer-reviewed studies shows that Page 2 of 21 Version 5-8-2018 smokefree policies and laws do not have an adverse economic impact on the hospitality industry; and Whereas, according to the 2010 U.S. Surgeon General's Report, How Tobacco Smoke Causes Disease, even occasional exposure to secondhand smoke is harmful and low levels of exposure to secondhand tobacco smoke lead to a rapid and sharp increase in dysfunction and inflammation of the lining of the blood vessels, which are implicated in heart attacks and stroke; and Whereas, numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke (also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of approximately 53,000 Americans annually; and Whereas, The Public Health Service’s National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen; and Whereas, there is indisputable evidence that implementing 100% smoke-free environments is the only effective way to protect the population from the harmful effects of exposure to secondhand smoke; and Whereas, in reviewing 11 studies concluding that communities see an immediate reduction in heart attack admissions after the implementation of comprehensive smokefree laws, the Institute of Medicine of the National Academies concluded that data consistently demonstrate that secondhand smoke exposure increases the risk of coronary heart disease and heart attacks and that smokefree laws reduce heart attacks, and Whereas, a significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50% higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function; and Whereas, secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. The Americans With Disabilities Act, which requires that disabled persons have access to public places and workplaces, deems impaired respiratory function to be a disability; and Page 3 of 21 Version 5-8-2018 Whereas, the U.S. Centers for Disease Control and Prevention has determined that the risk of acute myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is non-linear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking; and Whereas, unregulated high-tech smoking devices, commonly referred to as electronic cigarettes, or “e- cigarettes,” closely resemble and purposefully mimic the act of smoking by having users inhale vaporized liquid nicotine created by heat through an electronic ignition system. After testing a number of electronic cigarettes from two leading manufacturers, the Food and Drug Administration (FDA) determined that various samples tested contained not only nicotine but also detectable levels of known carcinogens and toxic chemicals, including tobacco-specific nitrosamines and diethylene glycol, a toxic chemical used in antifreeze. The FDA’s testing also suggested that “quality control processes used to manufacture these products are inconsistent or non-existent.” According to a more recent study, electronic cigarette emissions are made up of a high concentration of ultrafine particles, and the particle concentration is higher than in conventional tobacco cigarette smoke. Electronic cigarettes produce an aerosol or vapor of undetermined and potentially harmful substances, which may appear similar to the smoke emitted by traditional tobacco products. Their use in workplaces and public places where smoking of traditional tobacco products is prohibited creates concern and confusion and leads to difficulties in enforcing the smoking prohibitions. The World Health Organization (WHO) recommends that electronic smoking devices not be used indoors, especially in smokefree environments, in order to minimize the risk to bystanders of breathing in the aerosol emitted by the devices and to avoid undermining the enforcement of smokefree laws; and Whereas, the Society of Actuaries has determined that secondhand smoke costs the U.S. economy roughly $10 billion a year: $5 billion in estimated medical costs associated with secondhand smoke exposure and $4.6 billion in lost productivity, and Whereas, numerous economic analyses examining restaurant and hotel receipts and controlling for economic variables have shown either no difference or a positive economic impact after enactment of laws requiring workplaces to be smokefree. Creation of smokefree workplaces is sound economic policy and provides the maximum level of employee health and safety; and Page 4 of 21 Version 5-8-2018 Whereas, there is no legal or constitutional “right to smoke.” Business owners have no legal or constitutional right to expose their employees and customers to the toxic chemicals in secondhand smoke. On the contrary, employers have a common law duty to provide their workers with a workplace that is not unreasonably dangerous, and Whereas, smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses; and Whereas, the smoking of tobacco, hookahs, or marijuana and the use of electronic cigarettes are forms of air pollution and constitute both a danger to health and a material public nuisance; and Accordingly, the Augusta, Georgia consolidated government finds and declares that the purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking in certain public places and places of employment; and (2) to guarantee the right of nonsmokers to breathe smokefree air, and to recognize that the need to breathe smokefree air shall have priority over the desire to smoke. THE AUGUSTA, GEORGIA COMMISSION ordains as follows: SECTION 1. AUGUSTA, GA CODE, Title 4, Section 4-2-1 as set forth in the AUGUSTA, GA CODE, re-adopted July 10, 2007, is hereby amended by striking this section in its entirety as set forth in “Exhibit A” hereto. Section 4-2-1 shall be reserved. SECTION 2. AUGUSTA, GA CODE, Title 4, is hereby amended to add new article to be designated Article 7 and new sections to be designated Sections 4-2-77 through 4-2-97 as set forth in “Exhibit B” hereto. SECTION 3. This ordinance shall be effective thirty (30) days from and after the date of its adoption in accordance with applicable laws. SECTION 4. All ordinances, parts of ordinances, policies, and procedures concerning events held on public property in conflict herewith are hereby repealed. Adopted this _____ day of__________, 2018. ___________________________ Hardie Davis, Jr. Page 5 of 21 Version 5-8-2018 As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission Seal: Page 6 of 21 Version 5-8-2018 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on_________________, 2018 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: ______________________ First Reading ______________________ Second Reading ______________________ Page 7 of 21 Version 5-8-2018 Exhibit A STRIKE: Sec. 4-2-1. Smoking prohibited in Augusta-Richmond County buildings. (a) Definitions. For purposes of this section, the following definitions shall apply: (1) Public building. Any enclosed building, structure or indoor facility owned, operated, leased or managed by Augusta-Richmond County which is used by or open to the public, including without limitation, public transportation, enclosed areas occupied by Augusta-Richmond County staff, open office areas, shared offices, private offices, hallways, restrooms, escalators, elevators, stairways, lobbies, reception and waiting rooms, classrooms, meeting or conference rooms and auditoriums, on-site cafeterias, lunchrooms, lounges and any facility, school or educational institution being used by Augusta-Richmond County for the purpose of providing classroom instruction. (2) Smoking. Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, weed, plant or other combustible substance in any manner or in any form. (b) No person shall smoke in any public building as defined in this section. (c) Nothing in this section shall be deemed, interpreted, or construed to permit smoking in any public place or area where smoking is prohibited or restricted by other applicable law. (d) No Smoking signs with letters of not less than one (1) inch in height shall be conspicuously posted in every building, structure or facility where smoking is prohibited by this section by the operator, manager or other person having control of such building, structure, facility or other place. (e) If any provision of this section or the application thereof to any person or circumstances are held to be invalid, such invalidity shall not affect other provisions Page 8 of 21 Version 5-8-2018 or applications of this section which can be given effect without the invalid provisions or application, and to this end, the provisions of this ordinance are severable. (f) Any person or persons failing to comply with the lawful provisions hereof or doing any act prohibited hereby or failing to do any act mandated hereby shall be guilty of an offense, and upon trial as a misdemeanor and conviction shall be subject to the penalties provided by section 1-6-1. REPLACE WITH: Sec. 4-2-1. Reserved. Page 9 of 21 Version 5-8-2018 Exhibit B ADD NEW: ARTICLE 7. Smoking prohibitions in public places and places of employment. Sec. 4-2-77. Purpose of Smoking Ordinance. The purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking and e-cigarettes in enclosed public places and enclosed places of employment; and (2) to support the right of nonsmokers to breathe smokefree air, and to recognize that the need to breathe smokefree air shall have priority over the desire to smoke in enclosed public places. Sec. 4-2-78. Definitions. The following words and phrases, whenever used in this Article, shall be construed as defined in this Section: A. “Bar” means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. B. “Business” means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered; and private clubs. C. “E-cigarette” means any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other legal substances, and the use or inhalation of which simulates smoking. The term shall include any such device, whether Page 10 of 21 Version 5-8-2018 manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, or under any other product name or description. D. “Employee” means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services for a non-profit entity. E. “Employer” means a person, business, partnership, association, corporation, including a municipal corporation, trust, or non-profit entity that employs the services of one or more individual persons. F. “Enclosed Area” Enclosed area means all space between a floor and ceiling that is bounded on all sides by walls, doorways or windows, whether open or closed. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. G. “Health Care Facility” means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, long-term care facilities, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities. H. “Hookah” means a water pipe and any associated products and devices, which are used to produce fumes, smoke, and/or vapor from the burning of material including, but not limited to, tobacco, shisha, or other plant matter. I. “Hookah Bar” or “Hookah Lounge” means an establishment that derives more than eighty (80) percent of its quarterly gross revenue from the sale of shisha for consumption on the premised by customers and the sale of accessories used for smoking shisha. A hookah lounge does not allow individuals under the age of eighteen (18) to enter the premises, and does not have a permit or Page 11 of 21 Version 5-8-2018 license to sell alcoholic beverages, but may serve food and nonalcoholic beverages for consumption on the premises by customers. J. “Place of Employment” means an area under the control of a public or private employer, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, construction sites, temporary offices, and vehicles. A private residence is not a “place of employment” unless it is used as a child care, adult day care, or health care facility. K. “Playground” means any park or recreational area designed in part to be used by children that has play or sports equipment installed or that has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds or on Augusta, Georgia owned grounds. L. “Private Club” means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501. M. “Public Event” means an event which is open to and may be attended by the general public, including but not limited to, such events as concerts, fairs, farmers’ markets, festivals, parades, performances, and other exhibitions, regardless of any fee or age requirement. N. “Public building” Any enclosed building, structure or indoor facility owned, operated, leased or managed by Augusta, Georgia which is used by or open to the public, including without limitation, public transportation, enclosed areas Page 12 of 21 Version 5-8-2018 occupied by Augusta, Georgia staff, open office areas, shared offices, private offices, hallways, restrooms, escalators, elevators, stairways, lobbies, reception and waiting rooms, classrooms, meeting or conference rooms and auditoriums, on-site cafeterias, lunchrooms and lounges. O. “Public Place” means an area to which the public is invited or in which the public is permitted, including but not limited to, all public buildings, banks, bars, educational facilities, gaming facilities, health care facilities, hotels and motels, laundromats, public transportation vehicles and facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a “public place” unless it is used as a child care, adult day care, or health care facility. P. “Recreational Area” means any public or private area open to the public for recreational purposes, whether or not any fee for admission is charged, including but not limited to, amusement parks, athletic fields, beaches, fairgrounds, gardens, golf courses open to the public, parks, plazas, skate parks, swimming pools, trails, and zoos. Q. “Restaurant” means an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term “restaurant” shall include a bar area within the restaurant. R. “Service Line” means an indoor or outdoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money, including but not limited to, ATM lines, concert lines, food vendor lines, movie ticket lines, and sporting event lines. S. “Shopping Mall” means an enclosed public walkway or hall area that serves to connect retail or professional establishments. Page 13 of 21 Version 5-8-2018 T. “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs and marijuana, whether natural or synthetic, in any manner or in any form. “Smoking” also includes the use of an e-cigarette which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Article. U. “Sports Arena” means a place where people assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events, including sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, and bowling alleys. V. “Reasonable distance” means a minimum of ten (10) feet or a distance that is sufficient to ensure indoor areas remain smoke-free by preventing smoke from infiltrating enclosed public places via any entrance, exit, window, vent, or air intake system of a building where smoking is prohibited, and to protect persons entering or exiting enclosed areas from involuntarily inhaling second- hand smoke. Sec. 4-2-79. Application of Article to Augusta, Georgia Owned Public Buildings, Facilities and Property. All, enclosed areas, including buildings and vehicles owned, leased, or operated by Augusta, Georgia, as well as all outdoor property adjacent to such buildings and under the control of Augusta, Georgia, shall be subject to the provisions of this Article. Sec. 4-2-80. Prohibition of Smoking in Enclosed Public Buildings and Public Places. Page 14 of 21 Version 5-8-2018 Except as otherwise provided, Smoking and e-cigarettes shall be prohibited in all enclosed public places, and within ten (10) feet of such places, within Augusta, Georgia including but not limited to, the following places: A. Aquariums, galleries, libraries, and museums. B. Areas available to the general public in businesses and non-profit entities patronized by the public, including but not limited to, banks, laundromats, professional offices, and retail service establishments. C. Bars. D. Bingo facilities. E. Child care and adult day care facilities. F. Convention facilities. G. Educational facilities, both public and private. H. Elevators. I. Gaming facilities. J. Health care facilities. K. Hotels and motels. L. Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities. M. Parking structures, both enclosed and semi-enclosed. Page 15 of 21 Version 5-8-2018 N. Polling places. O. Public transportation vehicles, including buses and taxicabs, owned by or under the authority of Augusta, Georgia, and ticket, boarding, and waiting areas of public transportation facilities, including bus, train, and airport facilities. P. Restaurants. Q. Restrooms, lobbies, reception areas, hallways, and other common-use areas. R. Retail stores. S. Rooms, chambers, places of meeting or public assembly, under the control of an agency, board, commission, committee or council of Augusta, Georgia, to the extent the place is subject to the jurisdiction of Augusta, Georgia. T. Service lines. U. Shopping malls. V. Sports arenas, including enclosed places in outdoor arenas. W. Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances. Sec. 4-2-81. Prohibition of Smoking in Enclosed Places of Employment. A. Except as otherwise provided in Sec. 4-2-84, smoking and e-cigarettes shall be prohibited in all enclosed areas of places of employment and within ten (10) feet of such places. This includes, without limitation, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities. Page 16 of 21 Version 5-8-2018 B. This prohibition on smoking shall be communicated to all existing employees by the effective date of this Article and to all prospective employees upon their application for employment. Sec. 4-2-82. Prohibition of Smoking in Enclosed Residential Facilities. Smoking shall be prohibited in the following enclosed residential facilities and within ten (10) feet of such places: A. All private and semi-private rooms in nursing homes. B. At least 80 percent of hotel and motel rooms that are rented to guests. Sec. 4-2-83. No Prohibition of Smoking in Outdoor Public Places. Smoking and e-cigarettes shall not be prohibited in outdoor places, except within a reasonable distance of not less than 10 feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking and e-cigarettes are prohibited, so as to prevent tobacco smoke or vapor from entering those areas. Sec. 4-2-84. Where Smoking Not Regulated. A. Notwithstanding any other provision of this Article to the contrary, smoking and e-cigarettes shall not be prohibited in private residences, unless used as a childcare, adult day care, or health care facility. B. Except as otherwise provided in this article, smoking and e-cigarettes shall not be prohibited in private vehicles. C. Areas within the geographical confines of Augusta, Georgia wherein the Board of Commissioners of Augusta, Georgia does not have jurisdiction, Page 17 of 21 Version 5-8-2018 including property belonging to the City of Hephzibah, the City of Blythe, the State of Georgia and the federal government. D. Hookah Bars and Lounges in existence as of the date of adoption of this section and which permit waterpipe smoking on the premises as of the date of the adoption of this section. E. Retail Electronic Smoking device stores in existence as of the date of the adoption of this section and which permit electronic device usage as of the date of the adoption of this section. Sec. 4-2-85. Declaration of Establishment or Outdoor Area as Nonsmoking. Notwithstanding any other provision of this Article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. Smoking and e-cigarettes shall be prohibited in any place in which a sign conforming to the requirements of Section 4-2-86(A) is posted. Sec. 4-2-86. Posting of Signs and Removal of Ashtrays. The owner, operator, manager, or other person in control of a public place or place of employment where smoking and e-cigarettes are prohibited by this Article should: A. Clearly and conspicuously post “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) in that place. B. Clearly and conspicuously post at every entrance to that place a sign stating that smoking is prohibited. Page 18 of 21 Version 5-8-2018 C. Clearly and conspicuously post on every vehicle that constitutes a place of employment under this Article at least one sign, visible from the exterior of the vehicle, stating that smoking is prohibited. D. Remove all ashtrays from any area where smoking is prohibited by this Article, except for ashtrays displayed for sale and not for use on the premises. Sec. 4-2-87. Nonretaliation; Nonwaiver of Rights. A. No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, customer, or resident of a multiple-unit residential facility because that employee, applicant, customer, or resident exercises any rights afforded by this Article or reports or attempts to prosecute a violation of this Article. Notwithstanding Section 4-2-91, violation of this Subsection shall be a misdemeanor, and upon conviction shall be subject to the penalties provided by section 1-6-1 for each violation. B. An employee who works in a setting where an employer allows smoking and e-cigarettes does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party. Sec. 4-2-88. Enforcement. A. This Article shall be enforced by the Augusta, Georgia Planning and Development Department Director or an authorized designee or any law enforcement officer of the Office of the Sheriff. B. Notice of the provisions of this Article shall be given to all applicants for a business license in Augusta, Georgia. C. Any citizen who desires to register a complaint under this Article may initiate enforcement with the Augusta, Georgia Planning and Development Department or any law enforcement officer of the Office of the Sheriff. Page 19 of 21 Version 5-8-2018 D. The Health Department, Fire Department, or their designees shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this Article. E. An owner, manager, operator, or employee of an area regulated by this Article shall direct a person who is smoking in violation of this Article to extinguish the product being smoked. If the person does not stop smoking, the owner, manager, operator, or employee shall refuse service and shall immediately ask the person to leave the premises. If the person in violation refuses to leave the premises, the owner, manager, operator, or employee shall contact a law enforcement agency. The obligations of an owner, manager, operator, or employee under this sub-section shall only apply where the owner, manager, operator, or employee has knowledge of a smoking violation. F. Notwithstanding any other provision of this Article, an employee or private citizen may bring legal action to enforce this Article. G. In addition to the remedies provided by the provisions of this Section, the Department of Health, the Augusta, Georgia Administrator, the Planning and Development Department Director or any person aggrieved by the failure of the owner, operator, manager, or other person in control of a public place or a place of employment to comply with the provisions of this Article may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction. Sec. 4-2-89. Violations and Penalties. A. A person who smokes or uses an e-cigarette in an area where smoking and e- cigarettes are prohibited by the provisions of this Article shall be guilty of an infraction, punishable by a fine not exceeding fifty dollars ($50). B. Except as otherwise provided in Section 4-2-89(A), a person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this Article shall be guilty of an infraction, punishable by: Page 20 of 21 Version 5-8-2018 1. A fine not exceeding one hundred dollars ($100) for a first violation. 2. A fine not exceeding two hundred dollars ($200) for a second violation within one (1) year. 3. A fine not exceeding five hundred dollars ($500) for each additional violation within one (1) year. C. In addition to the fines established by this Section, violation of this Article by a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred. D. Violation of this Article is hereby declared to be a public nuisance, which may be abated by the Planning and Development Department Director by restraining order, preliminary and permanent injunction, or other means provided for by law, and Augusta, Georgia may take action to recover the costs of the nuisance abatement, including attorney’s fees. E. Each day on which a violation of this Article occurs shall be considered a separate and distinct violation. Sec. 4-2-90. Public Education. Department of Health shall engage in a continuing program to explain and clarify the purposes and requirements of this Article to citizens affected by it, and to guide owners, operators, and managers in their compliance with it. The program may include publication of a brochure for affected businesses and individuals explaining the provisions of this ordinance. Sec. 4-2-91. Governmental Agency Cooperation. Page 21 of 21 Version 5-8-2018 The Augusta, Georgia Planning and Development Department Director shall annually request other governmental and educational agencies having facilities within Augusta, Georgia to establish local operating procedures in cooperation and compliance with this Article. This includes urging all Federal, State, Augusta, Georgia, and School District agencies to update their existing smoking control regulations to be consistent with the current health findings regarding secondhand smoke. Sec. 4-2-92. Other Applicable Laws. This Article shall not be interpreted or construed to permit smoking or the use of e- cigarettes where it is otherwise restricted by other applicable laws. Sec. 4-2-93. Liberal Construction. This Article shall be liberally construed so as to further its purposes. Sec. 4-2-94. Severability. If any provision, clause, sentence, or paragraph of this Article or the application thereof to any person or circumstances shall be held invalid, that invalidity shall not affect the other provisions of this Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are declared to be severable. Commission Meeting Agenda 6/5/2018 2:00 PM Proposed Smoke-free Ordinance Department: Department: Caption:Motion to approve draft Ordinance to Restrict Smoking and the use of E-Cigarettes in public places of public accommodation. (No recommendation from Public Services Committee May 29, 2018) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Department: Coroner Funds: SPLOST BID 18-191 Year 2019 2019 Brand Ford Ford Model F250 F250 Delivery Date 60-90days 90-120days Base Price $25,390 $25,947 6.02 4X4 Drivetrain $ 2,300.00 $ 2,150.00 6.04 All Weather Floor Mats $ 117.00 $ 122.00 6.10'Rear Cargo Well Protector $ 95.00 $ 120.00 6.24 Delivery Fee $ 150.00 No Bid 7.02 Outlet Receptacle $ 55.00 $ 65.00 7.06 Window Tint $ 150.00 $ 135.00 7.08 Administrative Public Safety Package $ 2,020.00 $ 1,833.00 OPTIONS TOTAL $ 4,887.00 $ 4,425.00 BASE PRICE: $ 25,390.00 $ 25,947.00 TOTAL FOR OPTIONS AND BASE PRICE 30,277.00$ 30,372.00$ 2018 Midsize Sport Utility Vehicle, 4-Door Equipment included in base price: 3.5L V6 Engine EXT COLOR: 6 Speed Automatic Transmission BLACK Power Steering INT COLOR: Tilt/Cruise GRAY/BLACK Power ABS Brakes Aluminum Wheels Power Windows/Locks/Mirrors AM/FM/CD Radio Bluetooth A/C Rear View Back Up Camera Mini Spare Tire Carpet with Mats Cloth Bucket Seats Front Second & Third Row folding Split Seat Rear Window Defroster Keyless Remote (4Total) Power Driver Seat Privacy Glass Roll Stability Control Fairway Ford FOR ALL DEPARTMENTS- Midsize SUV-BIDS OPENED 4/27/18 @ 11:00 Allan Vigil Ford 5.01 Invitation to Bid Sealed bids will be received at this office until Friday, April 27, 2018 @ 11:00 a.m. for furnishing: Bid Item #18-191 Midsize SUV for Augusta, GA Central Services Department - Fleet Maintenance Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, April 13, 2018 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle March 22, 29, April 5, 12, 2018 Metro Courier March 22, 2018 Commission Meeting Agenda 6/5/2018 2:00 PM 2018 - Coroner's Vehicles Department:Central Services - Fleet Management Department:Central Services - Fleet Management Caption:Motion to approve a request from the Coroner’s Office to replace two vehicles. Bid Item 18-191. (Approved by Administrative Services Committee May 29, 2018) Background:The Coroner’s Office is requesting to replace two older model SUVs with two 2019 Ford Explorers. These vehicles will be purchased using SPLOST VII. Bid tab sheets are attached for your review. Analysis:The Procurement Department published a competitive bid using the Demand Star national electronic bid application for Midsize SUV with the following results. Bid 18-191 Midsize SUV: 2019 Ford Explorer - Allan Vigil Ford = $30,277.00; Fairway Ford = $30,372.00 Financial Impact:2 – 2019 Ford Explorers @ $30,277.00each for the Coroner’s Office. The total purchase is $60,554.00. These vehicles will be purchased with SPLOST VII funds. (ACCT# 328-03-1310/54- 22110) Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the purchase of two 2019 Ford Explorer for the Coroner’s Office. Funds are Available in the Following Accounts: SPLOST VII 328-03-1310/54-22110 REVIEWED AND APPROVED BY: Central Services Finance Procurement Law Administrator Clerk of Commission BID 18-184 Year 2018 Brand Ford Model F150 Delivery Date Base Price $19,987 6.01 5.0L V8 Flex Fuel engine $ 1,836.00 6.07 Super Cab (8 ft. bed) $ 3,375.00 6.15 Cab Steps (black) $ 262.00 6.18 Power Windows/locks/mirrors $ 1,088.00 6.20'Trailer Tow Package $ 555.00 6.36 Spray Bed Liner $ 375.00 6.44 Delivery Fee $ 125.00 7.04 Trailer Hitch $ 50.00 7.05 Trailer Wiring included 7.06 Trailer Ball $ 25.00 7.11 Backup Alarm $ 80.00 Additional Key $ 150.00 OPTIONS TOTAL $ 7,921.00 BASE PRICE: $ 19,987.00 TOTAL FOR OPTIONS AND BASE PRICE 27,908.00$ 2018 Ford F-150 (1/2 ton) Regular Cab, 6 Cyl, 4X2 SWB EXT COLOR: Equipment included in base price:INGOT SILVER 3.3L V6 flex fuel engine INT COLOR: 6 speed Automatic Transmission GRAY/BLACK Factory Installed A/C AM-FM Radio Solar Tinted Glass Power Steering/ABS Brakes Rear View back up camera Vynyl 40/20/40 Bench seat Rubber Floor Covering Full Size Spare/Step bumper Auto Lamp Headlights Short Bed (6.5 ft.) 6500 GVWR P245/70RX17 Tires Rain Sensing wipers 5.01 FOR ALL DEPARTMENTS- Pickup Truck 6500 GVWR-BIDS OPENED 4/13/18 @ 11:00 Allan Vigil Ford Invitation to Bid Sealed bids will be received at this office until Friday, April 13, 2018 @ 11:00 a.m. for furnishing: Bid Item #18-183 Compact SUV for Augusta, GA Central Services Department - Fleet Maintenance Bid Item #18-184 Pickup Truck 6500 GVW for Augusta, GA Central Services Department - Fleet Maintenance Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, March 23, 2018 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle March 1, 8, 15, 22, 2018 Metro Courier March 1, 2018 OFFICIAL Bid Item #18-184 2018 Pickup Truck 6500GVWR for Augusta, Georgia- Central Services Department-Fleet Division Bid Due: Friday, April 13, 2018 @ 11:00 a.m. VENDORS Allan Vigil 5790 Mount Zion Boulevard, Morrw, GA Attachment B YES E-Verify Number 94460 SAVE Form YES Year 2018 Make FORD Model F150 Approximate Delivery Schedule 10 TO 12 WEEKS Vehicle/Optionals Required: 5.01 2018 Pickup Truck (1/2 ton)$19,987.00 6.01 5.0L V8 Flex Fuel Engine - 995 $1,836.00 6.02 3.5L V6 EcoBoost Engine – 99G $2,388.00 6.03 2.7L V6 EcoBoost – 99P $916.00 6.04 Long Bed (8ft) - 145 $285.00 6.05 Extended range fuel tank - 655 $410.00 6.06 Super Cab (6.5ft bed) – X1C $1,716.00 6.07 Super Cab (8ft bed) – X1CLong $3,375.00 6.08 4X4 Option (All Models) – F1E $1,995.00 6.09 Skid Plates – 413 $155.00 6.10 Fog Lights - 595 $135.00 6.11 Crew Cab XL SWB – W1Cs $3,365.00 6.12 Crew Cab XL LWB – W1Cl $5,325.00 6.13 Limited Slip Axle – XL9 $525.00 6.14 Tilt / Cruise – 50S $215.00 6.15 Cab Steps – Black – 18B $262.00 6.16 AM-FM-CD – 58B $262.00 6.17 Daytime Running Lights - 942 $42.00 6.18 Power Windows/Locks/Mirrors – 85A $1,088.00 6.19 Class IV Hitch (w/o tow pkg) – 53B $100.00 6.20 Trailer Tow Pkg – 53A $555.00 6.21 Trailer Tow Pkg (w/101A pkg) – 53A $916.00 6.22 Tow Mirrors w/ spotlights – 54Y/59S $495.00 6.23 XL w/Power W-L-M, SYNC, AM/FM/CD, Cruise Control – 101A $2,075.00 6.24 Cruise Control & SYNC – 52P/50S $690.00 Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): 68 Total Electronic Notifications (Demandstar): 4 Total Number Specioficiation Mailed to Local Vendors: 2 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 1 Total Non-Compliant: 0 2018 Pickup Truck 6500GVWR: 6.00 Manufacturer options: Page 1 of 2 OFFICIAL Bid Item #18-184 2018 Pickup Truck 6500GVWR for Augusta, Georgia- Central Services Department-Fleet Division Bid Due: Friday, April 13, 2018 @ 11:00 a.m. VENDORS Allan Vigil 5790 Mount Zion Boulevard, Morrw, GA Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): 68 Total Electronic Notifications (Demandstar): 4 Total Number Specioficiation Mailed to Local Vendors: 2 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 1 Total Non-Compliant: 0 6.25 40-20-40 Cloth Split Bench – CG NC 6.26 Cloth Buckets w/Console – WG $275.00 6.27 Electric Brake Controller – 67T $265.00 6.28 Carpet w/Mats - 168 $140.00 6.29 XL SSV Package – 66S $49.00 6.30 XLT Package – 300A $4,763.00 6.31 Convenience Package for XLT – 301A $1,059.00 6.32 Aluminum Wheels & Bumpers – 86A $740.00 6.33 Box Side Steps – 63S $305.00 6.34 Tailgate Step – 63T $355.00 6.35 Reverse Sensing – 76R $255.00 6.36 Spray-In Bedliner – ATK $375.00 6.37 Convenience Package for XLT – 301A $1,059.00 6.38 Exterior Color Not Included in Base Price Color: ___________$950.00 6.39 Exterior Color Not Included in Base Price Color: ___________NC 6.40 [ ] Exterior Color Not Included in Base Price Color: ___________NA 6.41 Interior Color Not Included in Base Price Color: ___________NA 6.42 Interior Color Not Included in Base Price Color: ___________NA 6.43 Interior Color Not Included in Base Price Color: ___________NA 6.44 Delivery Fee per Vehicle $125.00 7.00 Outfitter's Specialty Items: 7.01 Fire extinguisher $55.00 7.02 Outlet receptacle $53.00 7.03 Toolbox $475.00 7.04 Trailer hitch $50.00 7.05 Trailer wiring INCLUDED 7.06 Trailer ball $25.00 7.07 Window tint, regular cab $125.00 7.08 Window tint, extended cab $145.00 7.09 Window tint, crew cab $165.00 7.10 Add on step $185.00 7.11 Backup alarm $80.00 7.12 Drill Free Light Bar Cab Mount $690.00 7.13 LED top mount light $690.00 7.14 County Emergency Equipment Package $792.00 7.15 Fire Emergency Equipment Package $1,773.00 Page 2 of 2 Commission Meeting Agenda 6/5/2018 2:00 PM 2018 - RCSO Evidence Truck Department:Central Services-Fleet Management Department:Central Services-Fleet Management Caption:Motion to approve the request from the Richmond County Sheriff’s Office for the purchase of one Property Room truck. Allan Vigil Ford Bid 18-184. (Approved by Administrative Services Committee May 29, 2018) Background:The Richmond County Sheriff’s Office is requesting to purchase a 2018 Ford F150 to be used as the evidence truck for the Sheriff’s Property Room. This vehicle will be purchased using the Sheriff’s funds from unclaimed property (273). Bid tab sheets are attached for your review. Analysis:The Procurement Department published a competitive bid using the Demand Star application for Pickup Trucks 6,500 GVWR with the following results: Bid 18-184 Pickup Truck 6,500GVWR: 2018 Ford F150 - Allan Vigil Ford - $27,908.00 Financial Impact:1 – 2018 Ford F150 @ $27,908.00 for the RCSO using Sheriff’s funds. (ACCT# 273-03-2110/54-22210) Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the purchase of 1 - Ford F150 for the RCSO-Property Room Funds are Available in the Following Accounts: Sheriff's Funds (273-03-2110/54-22210) REVIEWED AND APPROVED BY: Central Services Finance Procurement Law Administrator Clerk of Commission Department: Engineering-Maintenance Funds: Capital Outlay BID 18-186 Year 2019 2019 Brand Ford Ford Model F250 F250 Delivery Date 90-120 90-120 Base Price $21,670 $21,986 6.07 Crew Cab Long Bed $ 3,475.00 $ 3,480.00 6.11 Cab Steps $ 355.00 $ 355.00 6.21 Power Windows/Locks/Mirrors $ 1,050.00 $ 1,340.00 6.27 Spray-in Bed Liner $ 375.00 $ 420.00 6.28 Tailgate Step $ 345.00 $ 420.00 6.39 Delivery Fee $ 150.00 N/C 7.01 Fire Extinguisher $ 55.00 N/C 7.03 Tool Box $ 425.00 $ 395.00 7.05 Trailer Wiring STD $ 95.00 7.06 Trailer Ball $ 25.00 N/C 7.09 Window Tint, crew cab $ 155.00 $ 165.00 7.14 County Emergency Package $ 808.00 $ 782.00 Additional Key $ 150.00 $ 150.00 OPTIONS TOTAL $ 7,368.00 $ 7,602.00 BASE PRICE: $ 21,670.00 $ 21,986.00 TOTAL FOR OPTIONS AND BASE PRICE 29,038.00$ 29,588.00$ 2018/2019 Ford F250 9800GVWR V8, Long Bed, 4X2, Reg Cab EXT COLOR: OXFORD WHITE Equipment included in base price:INT COLOR: 6.2L V8 Gasoline/E85 Engine GRAY/BLACK 6 Speed Automatic Transmission A/C AM-FM Radio Power Steering Pwer ABS Brakes Vynyl 40/20/40 Bench seat Rubber Floor Covering Full Size Spare Tire Rear Step Bumper Solar Tinted Glass Trailer Wiring Harness Receiver Hitch (12.k) Tilt Steering Wheel Rear View Camera Electric Shift (4X4 Only) 5.01 Fairway FordAllan Vigil Ford FOR ALL DEPARTMENTS- Pickup Truck 9800 GVWR-BIDS OPENED 4/20/18 @ 11:00 Department: Engineering-Maintenance Funds: Capital Outlay BID 18-186 Year 2019 2019 Brand Ford Ford Model F250 F250 Delivery Date 90-120 90-120 Base Price $21,670 $21,986 6.07 Crew Cab Long Bed $ 3,475.00 $ 3,480.00 6.11 Cab Steps $ 355.00 $ 355.00 6.21 Power Windows/Locks/Mirrors $ 1,050.00 $ 1,340.00 6.27 Spray-in Bed Liner $ 375.00 $ 420.00 6.28 Tailgate Step $ 345.00 $ 420.00 6.39 Delivery Fee $ 150.00 N/C 7.01 Fire Extinguisher $ 55.00 N/C 7.03 Tool Box $ 425.00 $ 395.00 7.05 Trailer Wiring STD $ 95.00 7.06 Trailer Ball $ 25.00 N/C 7.09 Window Tint, crew cab $ 155.00 $ 165.00 7.14 County Emergency Package $ 808.00 $ 782.00 Additional Key $ 150.00 $ 150.00 OPTIONS TOTAL $ 7,368.00 $ 7,602.00 BASE PRICE: $ 21,670.00 $ 21,986.00 TOTAL FOR OPTIONS AND BASE PRICE 29,038.00$ 29,588.00$ 2018/2019 Ford F250 9800GVWR V8, Long Bed, 4X2, Reg Cab EXT COLOR: OXFORD WHITE Equipment included in base price:INT COLOR: 6.2L V8 Gasoline/E85 Engine GRAY/BLACK 6 Speed Automatic Transmission A/C AM-FM Radio Power Steering Pwer ABS Brakes Vynyl 40/20/40 Bench seat Rubber Floor Covering Full Size Spare Tire Rear Step Bumper Solar Tinted Glass Trailer Wiring Harness Receiver Hitch (12.k) Tilt Steering Wheel Rear View Camera Electric Shift (4X4 Only) 5.01 Fairway FordAllan Vigil Ford FOR ALL DEPARTMENTS- Pickup Truck 9800 GVWR-BIDS OPENED 4/20/18 @ 11:00 Invitation to Bid Sealed bids will be received at this office until Friday, April 20, 2018 @ 11:00 a.m. for furnishing: Bid Item #18-186 Pickup Truck 9800GVWR for Augusta, GA Central Services Department - Fleet Maintenance Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, April 6, 2018 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle March 15, 22, 29, April 5, 2018 Metro Courier March 15, 2018 OFFICIAL VENDORS Allan Vigil 6790 Mount Zion Blvd Morrw, GA 30260 Fairway Ford 4333 Washington Rd Evans, GA 30809 Attachment B Yes Yes E-Verify Number 94460 689847 SAVE Form Yes Yes Year 2019 2019 Make Ford Ford Model F250 F250 Approximate Delivery Schedule 90-120 days 90-120 ARO 5.01 2018/2019 Pickup Truck 9800 (3/4 ton)$21,670.00 $21,985.72 6.01 6.7L V8 Diesel Engine – 99T $8,395.00 $9,120.00 6.02 4X4 Option – F2B $2,600.00 $3,240.00 6.03 Skid Plates (4X4 Only) $95.00 $145.00 6.04 LT245 All Terrain Tires $160.00 $195.00 6.05 Super Cab Long Bed-X20I $2,325.00 $3,100.00 6.06 Super cab short Bed-X20S $2,110.00 $2,930.00 6.07 Crew Cab Long Bed – W20I $3,475.00 $3,480.00 6.08 Crew Cab Short Bed-W20S $3,300.00 $3,260.00 6.09 Roof Clearance Lights $89.00 $126.00 6.10 Cruise Control $225.00 $285.00 6.11 Cab steps $355.00 $355.00 6.12 AM-FM-CD $525.00 $589.00 Pickup Truck 9800GVWR: Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 55 Total Number Specifications Mailed to Local Vendors: 2 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 2 Total Non-Compliant: 0 Vehicle/Optionals Required: 6.00 Manufacturer options: Bid Opening Item #18-186 Pickup Truck 9800 GVW for Augusta, Georgia- Central Services Department-Fleet Division Bid Due: Friday, April 20, 2018 @ 11:00 a.m. Page 1 of 4 OFFICIAL VENDORS Allan Vigil 6790 Mount Zion Blvd Morrw, GA 30260 Fairway Ford 4333 Washington Rd Evans, GA 30809 Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 55 Total Number Specifications Mailed to Local Vendors: 2 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 2 Total Non-Compliant: 0 Bid Opening Item #18-186 Pickup Truck 9800 GVW for Augusta, Georgia- Central Services Department-Fleet Division Bid Due: Friday, April 20, 2018 @ 11:00 a.m. 6.13 Limited Slip Axle $365.00 $485.00 6.14 Engine Block Heater $85.00 $135.00 6.15 PTO Transmission $270.00 $335.00 6.16 Trailer Brake Controller $255.00 $325.00 6.17 Daytime Running Lights - 942 $42.00 $58.00 6.18 Reverse Aid sensor $235.00 $295.00 6.19 XL Value Package $945.00 $235.00 6.20 Ford SYNC $525.00 $525.00 6.21 Power Windows $1,050.00 $1,340.00 6.22 Aluminum Wheels n/a $1,135.00 6.23 Cloth 40/20/40 Bench Seat $295.00 $415.00 6.24 Dual Alternators (Diesel Only)$331.00 $235.00 6.25 200 Amp HD Alternator $80.00 $128.00 6.26 Upfitter Switches $160.00 $225.00 6.27 Spray-in Bedliner $375.00 $420.00 6.28 Tailgate Step $345.00 $430.00 6.29 Bed & Camera Delete 249. credit 625. credit 6.30 Spring package for bed delete $115.00 $185.00 6.31 Rearview Camera (bed delete)$378.00 $495.00 6.32 CNG/Propnae Prep Package $310.00 $490.00 Page 2 of 4 OFFICIAL VENDORS Allan Vigil 6790 Mount Zion Blvd Morrw, GA 30260 Fairway Ford 4333 Washington Rd Evans, GA 30809 Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 55 Total Number Specifications Mailed to Local Vendors: 2 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 2 Total Non-Compliant: 0 Bid Opening Item #18-186 Pickup Truck 9800 GVW for Augusta, Georgia- Central Services Department-Fleet Division Bid Due: Friday, April 20, 2018 @ 11:00 a.m. 6.33 Exterior Color Not in Base Price Color: ___________$650.00 N/C 6.34 Exterior Color not in Base Color: ___________$650.00 N/C 6.35 Exterior Color not in Base Color: ___________$650.00 N/C 6.36 Interior Color not in Base Color: ___________$650.00 N/C 6.37 Interior Color not in Base Color: ___________$650.00 N/C 6.38 Interior Color Not Included in Base Price Color: ___________$650.00 N/C 6.39 Delivery Fee per Vehicle $150.00 N/C 7.01 Fire extinguisher $55.00 N/C 7.02 Outlet receptacle $55.00 N/C 7.03Toolbox $425.00 $395.00 7.04 Trailer hitch $50.00 $395.00 7.05 Trailer wiring Standard $95.00 7.06 Trailer ball $25.00 N/C 7.07 Window tint, regular cab $125.00 $125.00 7.08 Window tint, extended cab $140.00 $145.00 7.09 Window tint, crew cab $155.00 $165.00 7.10 Add on step $200.00 $495.00 7.11 Backup alarm $65.00 $65.00 7.12 Drill Free Light Bar Cab Mount $690.00 $660.00 7.13 LED top mount light $690.00 $670.00 7.00 Outfitter's Specialty Items: Page 3 of 4 OFFICIAL VENDORS Allan Vigil 6790 Mount Zion Blvd Morrw, GA 30260 Fairway Ford 4333 Washington Rd Evans, GA 30809 Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 55 Total Number Specifications Mailed to Local Vendors: 2 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 2 Total Non-Compliant: 0 Bid Opening Item #18-186 Pickup Truck 9800 GVW for Augusta, Georgia- Central Services Department-Fleet Division Bid Due: Friday, April 20, 2018 @ 11:00 a.m. 7.14 County Emergency Equipment Package $808.00 $782.00 Page 4 of 4 Commission Meeting Agenda 6/5/2018 2:00 PM 2018 - Recreation and Engineering F250s Department:Central Services-Fleet Management Department:Central Services-Fleet Management Caption:Motion to approve the request for 1 – Recreation - Trees and Landscape Vehicle and 1 – Engineering - Maintenance Vehicle. Allan Vigil Ford Bid Item 18-186. (Approved by Administrative Services Committee May 29, 2018) Background:Recreation-Trees and Landscape and Engineering-Maintenance are requesting to replace older model trucks with a 2018 Ford F250s. These vehicles will be purchased using Capital Outlay (272). Vehicle Evaluation and Bid tab sheets are attached for your review. Analysis:The Procurement Department published a competitive bid using the Demand Star application for Pickup Truck 9,800GVWR with the following results: Recreation: Bid 18-186 Pickup Truck 9,800 GVWR: 2018 Ford F250 - Allan Vigil Ford – $27,523.00; Fairway Ford - $29,163.00 Engineering-Maintenance: Bid 18- 186 Pickup Truck 9,800GVWR: 2018 Ford F250 - Allan Vigil Ford – $29,038; Fairway Ford - $29,588.00 Financial Impact:1 – 2018 Ford F250 @ $27,523.00 for the Recreation-T&L Division and 1 – 2018 Ford F250 @ $29,038.00 for the Engineering-Maintenance. The total purchase is $56,561.00. These vehicles will be purchased using Capital Outlay. (ACCT# 272-01-6440/54-22210) Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the request for 1 – Recreation-Trees and Landscape Vehicle and 1 – Engineering-Maintenance Vehicle Funds are Available in the Capital Outlay (272-01-6440/54-22210) Following Accounts: REVIEWED AND APPROVED BY: Central Services Finance Procurement Law Administrator Clerk of Commission 2017 6,000 GVW TRUCKS Department: Utilities-Engineering Funds: Deparment - GMA Lease BID 18-183 - Compact SUV Allan Vigl Ford Year 2018 Brand Ford Model Escape Delivery Date 5.03 County Department Package $21,137.00 6.02 1.5L Engine with 4X4 3,649.00$ 6.05 Delivery Fee 120.00$ 6.06 Cargo Area Mat 85.00$ 6.09 All Weather Floor Mats 72.00$ 6.10 Reverse Sensing 233.00$ Total $25,296.00 EXT COLOR: OXFORD WHITE Total Units 1 INT COLOR: GRAY/BLACK Grand Total $25,296.00 FOR ALL DEPARTMENTS: Compact SUV BID OPENING: 04/13/18 @11:00 Department: Utilities-Engineering Funds: Department-GMA Lease BID 18-184 Year 2018 Brand Ford Model F150 Delivery Date Base Price $19,987 6.01 5.0L V8 Flex Fuel engine $ 1,836.00 6.06 Super Cab (6.5 ft. bed) $ 1,716.00 6.08 4X4 Option (all models) $ 1,995.00 6.09 Skid Plates $ 155.00 6.14 Tilt/Cruise $ 215.00 6.15 Cab Steps (black) $ 262.00 6.18 Power Windows/locks/mirrors $ 1,088.00 6.36 Spray Bed Liner $ 375.00 6.44 Delivery Fee $ 125.00 7.03 Tool Box $ 475.00 7.08 Window Tint, ext cab $ 145.00 7.14 County Emergency Package $ 792.00 Additional Key $ 150.00 OPTIONS TOTAL $ 9,329.00 BASE PRICE: $ 19,987.00 TOTAL FOR OPTIONS AND BASE PRICE 29,316.00$ 2018 Ford F-150 (1/2 ton) Regular Cab, 6 Cyl, 4X2 SWB EXT COLOR: OXFORD WHITE Equipment included in base price:INT COLOR: 3.3L V6 flex fuel engine GRAY/BLACK 6 speed Automatic Transmission Factory Installed A/C AM-FM Radio Solar Tinted Glass Power Steering/ABS Brakes Rear View back up camera Vynyl 40/20/40 Bench seat Rubber Floor Covering Full Size Spare/Step bumper Auto Lamp Headlights Short Bed (6.5 ft.) 6500 GVWR P245/70RX17 Tires Rain Sensing wipers 5.01 FOR ALL DEPARTMENTS- Pickup Truck 6500 GVWR-BIDS OPENED 4/13/18 @ 11:00 Allan Vigil Ford Commission Meeting Agenda 6/5/2018 2:00 PM 2018 - Utilities - Engineering Vehicles Department:Central Services-Fleet Management Department:Central Services-Fleet Management Caption:Motion to approve a request from the Utilities Department for two pickup trucks and one midsize SUV for Utilities- Engineering Division vehicles. Allan Vigil Ford Bid Item 18- 183 and Bid Item 18-184.(Approved by Administrative Services Committee May 29, 2018) Background:The Utilities-Engineering Division is requesting the acquisition of two Ford F150s for two recently hired engineering techs and one Ford Escape. Two employees of the Engineering Division took positions in Utilities-Facilities Maintenance Division and one employee transferred to Utilities-Fort Gordon. When they transferred they took their assigned vehicles leaving the Engineering Division short two trucks and one SUV. This was submitted with their budget submission in 2017 for 2018. These vehicles will be purchased using the GMA Lease Program (631). Bid tab sheets are attached for your review. Analysis:The Procurement Department published a competitive bid using the Demand Star application for Compact SUV’s and Pickup Truck 6,500GVWR with the following results: Bid 18-183 Compact SUV: 2018 Ford Escape - Allan Vigil Ford - $25,296.00. Bid 18-184 Pickup Truck 6,500GVWR: 2018 Ford F150 - Allan Vigil Ford - $29,316.00 Financial Impact:1 – 2018 Ford Escape @ $25,296.00 and 2 – 2018 Ford F150 @ $29,316.00 each = $58,632.00. The total purchase is $83,928.00. These vehicles will be purchased through the Georgia Municipal Association lease-to-own program with 3 annual payments of $27,976.00each. (ACT #: 631-10-1110-54-99631) Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the purchase of 1 Ford Escape and 2- Ford F-150 pickup trucks for Utilities-Engineering. Funds are Available in the Following Accounts: GMA Lease Program (631-10-1110/54-99631) REVIEWED AND APPROVED BY: Central Services Finance Procurement Law Administrator Clerk of Commission HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT ** 2017 AFFORDABLE HOUSING ACTIVITY ** Name of Project Sibley Street Project 946 Wrightsboro Road Aubern Hills 1435 Wrightsboro Road Holly Street East Eleventh Street Summer Street 2729A Wheeler Road Sand Ridge Project Description Permanent Supportive Housing Residential Rehab Residential Subdivision New Construction 3 Bedrooms Residential Subdivision Residential New Construction Residential New Construction Residential New Construction Residential New Construction Developmental Node N/A Rehab Aubern @ Barton Chapel Infill Holly Street Infill Infill Infill Sand Ridge Ownership / Rental Rental-Homeless Prevention Rental Rental Ownership Ownership Ownership Ownership Ownership Ownership Housing Type (sf/mf)Single - no family SF MF SF SF SF SF SF SF Available Number of Units/Lots 8 1 23 1 2 2 2 1 4 CDBG / Bond / Other CDBG, NSP, Other HOME NSP /HOME HOME HOME / Bond HOME HOME HOME HOME Amount CDBG $113,316 $121,825 $1,109,472.00 $150,437.00 $303,013.00 $146,456 100,000.00 $146,891 $251,832 Total Development Cost $1.7 Million $153,184 $1,109,596.00 $180,000.00 $305,353.00 $299,008 127,568.50 $170,000 $651,000 Developer CSRA EoA LWDC Community Development Collaborative 30901 Dev Corp Antioch Ministries LWDC LWDC Sand Hills Urban Development Sand Hills Urban Development Status 100% Complete Leased Phase 1-8 units 100% Leased Complete - Sold Complete Sold Complete-Sold Complete-Sold Complete - Sold Complete-Sold Rental Home- ownership Total Completed 17 12 Created by HCD May 2018 HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT ** 2018 AFFORDABLE HOUSING ACTIVITY ** Name of Project Sand Ridge Eleventh St / Florence Ave Townhouses 30 Ash St. 802 Perry Ct. Kingston Court Sand Hills Dover Lyman Holley Street CHIP Aubern Hills Phase II 1225 Perry Ave. 1242 Pine St. Community Residences Project Description Residential New Construction Residential New Construction Residential New Construction Residential New Construction Residential New Construction Reisdential New Construction Residential New Construction Residential New Construction Residential New Construction Residential New Construction Residential New Construction Residential New Construction Permanent Supportive Housing Developmental Node Sand Ridge Infill Twiggs Circle Infill LWB Holley Street Infill Infill Infill LWB Infill LWB Aubern @ Barton Chapel Infill LWB Infill LWB Infill Ownership / Rental Ownership Ownership Ownership Ownership Ownership Ownership Ownership Ownership Ownership Rental Ownership Ownership Rental-Homeless Prevention Housing Type (sf/mf)SF MF SF SF SF SF SF SF SF MF SF SF MF Available Number of Units/Lots 3 5 1 1 4 4 2 1 5 23 1 1 7 CDBG / Bond / Other HOME HOME HOME HOME HOME HOME HOME HOME DCA/HOME HOME/FHLBAtl/Other HOME HOME Other Amount $274,200 Est. $700,000 $171,232 $70,310.08 Est. $160,000 1st 2 units Est. $240,000 Est. $160,000 Est. $100,000 $274,000 $450,000 $125,000 $150,000 $439,000 Total Development Cost $550,000 Est. $700,000 $171,232 $140,000 Est $320,000 1st 2 units Est. $480,000 Est. $320,000 Est. $150,000 $939,000 $600,000 $125,000 $150,000 $439,000 Developer Sand Hills Urban Development Community Development Collaborative Antioch Ministries LWDC Antioch Ministries Sand Hills Urban Development Sand Hills Urban Development 30901 Development Corp AHCD Partnership Community Development Collaborative/AHCD Partnership AHCD Partnership AHCD Partnership AMI, EACDC Status 1 under contract; 1 under construction w/pre-approved buyer; 1 pre- development Pre-development Under Construction Pre-Development Pre-Development Pre-Development Pre-Development Pre-Development Pre-Development Pre-Development (Phase I - 8 units 100% leased; 2nd phase 8 units) Pre-Development Pre-Development 1st 4 Units under construction; 3 units pre-development Rental Homeownership Total 15 27 . Created by HCD May 2018 Augusta Housing and Community Development Department Balance $135,265.98 $0.00 $0.00 $0.00 $0.00 $0.00 $135,265.98 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $135,265.98 Total HOPWA Funding for Housing and Services $402,211.46 TOTAL 2013 ONE YEAR ACTION PLAN BUDGET $3,206,350.33 Total Funding for Housing Development $111,372.26Total Funding for Planning & Grants Administration HOPWA Program Administration Total HOPWA for Program Activities $389,810.63 Housing Opportunities for Persons with AIDS Grant - Program Administration $12,400.83 Total ESG Funding for Homeless Services $125,715.00 Housing Opportunities for Persons with AIDS Grant - Program Activities Total Street Outreach/Shelter Operations $67,859.97 Emergency Solutions Grant - Program Administration Total Funding for ESG Admin $9,428.63 Total Street Outreach/Shelter Operations $48,426.40 Emergency Solutions Grant - Street Outreach/Shelter Operations Total HOME Funding for Housing Development $244,094.66 Emergency Solutions Grant - Rapid Rehousing and Homelessness Prevention $669,942.98 Community Development Block Grant - Economic Development Programs HOME Investment Partnership Grant - Housing $132,722.40 HOME Investment Partnership Grant - Program Administration Total Funding for Planning & Grants Administration $400,706.45 Total CDBG Funding for Program Activities $2,434,329.33 Note: Public facilities project is currently underway (Salvation Army Shelter bathroom renovation). 2013 One Year Action Plan - Program Allocations Summary Community Development Block Grant - Public Facility Programs Community Development Block Grant - Public Service Budget Total Funding for Public Services $223,672.63 Community Development Block Grant - Housing Development Programs Total funding for Public Facility Programs $148,422.94 Community Development Block Grant - Special Purpose Programs Total funding for Special Purpose Programs $929,623.76 Total Funding for Economic Development Programs $61,960.82 Community Development Block Grant - Planning & Grants Administration Total Funding for Housing Development Programs Created: May 2018 Augusta Housing and Community Development Department Balance $140,000.00 $205,674.18 $0.00 $0.00 $0.00 $0.00 $345,674.18 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $93,067.01 $0.00 $93,067.01 $438,741.19 Total funding for Special Purpose Programs $452,054.98 Community Development Block Grant - Public Facility Programs Total funding for Public Facility Programs $190,000.00 Community Development Block Grant - Public Facility Programs Community Development Block Grant - Public Service Budget Total Funding for Public Services $229,195.41 Community Development Block Grant - Housing Development Programs Total Funding for Housing Development Programs $1,142,905.49 Emergency Solutions Grant - Street Outreach/Shelter Operations Total Street Outreach/Shelter Operations Community Development Block Grant - Economic Development Programs Total Funding for Economic Development Programs $0.00 Community Development Block Grant - Planning & Grants Administration Total Funding for Planning & Grants Administration $380,644.00 Total CDBG Funding for Program Activities $2,394,799.88 HOME Investment Partnership Grant - Housing Total Funding for Housing Development $299,477.30 HOME Investment Partnership Grant - Program Administration Total Funding for Planning & Grants Administration $73,379.10 Total HOME Funding for Housing Development $372,856.40 Emergency Solutions Grant - Program Administration Total Funding for ESG Admin $10,716.00 Note: Public facilities project is underway and currently in pre-development stage (ALAS indigent clinic). Total ESG Funding for Homeless Services $142,879.99 2014 One Year Action Plan - Program Allocations Summary Total HOPWA Funding for Housing and Services $987,458.38 TOTAL 2014 ONE YEAR ACTION PLAN BUDGET $3,897,994.00 Housing Opportunities for Persons with AIDS Grant - Program Activities Total HOPWA for Program Activities $959,456.38 Housing Opportunities for Persons with AIDS Grant - Program Administration HOPWA Program Administration $28,002.00 Emergency Solutions Grant - Rapid Rehousing and Homelessness Prevention Total Street Outreach/Shelter Operations $46,295.93 $85,868.06 Created: May 2018 Augusta Housing and Community Development Department Balance $0.00 $0.00 $0.00 $0.00 $0.00 $8,655.25 $8,655.25 $5,179.02 $0.00 $5,179.02 $0.00 $0.00 $0.00 $0.00 $317,458.87 $0.00 $317,458.87 $331,293.14 2015 One Year Action Plan - Program Allocations Summary Total funding for Special Purpose Programs $24,483.00 Community Development Block Grant - Public Facility Programs Total funding for Public Facility Programs Community Development Block Grant - Special Purpose Programs Community Development Block Grant - Public Service Budget Total Funding for Public Services $196,717.83 Community Development Block Grant - Housing Development Programs Total Funding for Housing Development Programs $1,174,217 Community Development Block Grant - Economic Development Programs Total Funding for Economic Development Programs $0 Community Development Block Grant - Planning & Grants Administration Total Funding for Planning & Grants Administration $367,999 Total CDBG Funding for Program Activities $1,763,417 HOME Investment Partnership Grant - Housing Total Funding for Housing Development $405,185.43 HOME Investment Partnership Grant - Program Administration Total Funding for Planning & Grants Administration $67,347.10 Total HOME Funding for Housing Development $472,533 Emergency Solutions Grant - Rapid Rehousing and Homelessness Prevention Total Street Outreach/Shelter Operations $91,298 Emergency Solutions Grant - Street Outreach/Shelter Operations Total Street Outreach/Shelter Operations $49,135 Emergency Solutions Grant - Program Administration Total Funding for ESG Admin $11,386 Total ESG Funding for Homeless Services $151,819 Total HOPWA Funding for Housing and Services $1,072,089 TOTAL 2015 ONE YEAR ACTION PLAN BUDGET $3,459,858 Housing Opportunities for Persons with AIDS Grant - Program Activities Total HOPWA for Program Activities $1,043,946 Housing Opportunities for Persons with AIDS Grant - Program Administration HOPWA Program Administration $28,143.00 Created: May 2018 Augusta Housing and Community Development Department Balance $0.00 $48,614.01 $2,858.45 $118,730.00 $0.00 $20,000.00 $190,202.46 $342,574.61 $0.00 $342,574.61 $28,989.26 $10,013.97 $0.00 $39,003.23 $682,218.79 $682,218.79 $1,253,999.09 2016 One Year Action Plan - Program Allocations Summary Total funding for Special Purpose Programs $720,086.54 Community Development Block Grant - Poverty Reduction Programs Total funding for Poverty Reduction Programs $0.00 Community Development Block Grant - Special Purpose Programs Community Development Block Grant - Public Service Budget Total Funding for Public Services $214,971.00 Community Development Block Grant - Housing Development Programs Total Funding for Housing Development Programs $516,989.71 Community Development Block Grant - Economic Development Programs Total Funding for Economic Development Programs $0.00 Community Development Block Grant - Planning & Grants Administration Total Funding for Planning & Grants Administration $365,178.00 Total CDBG Funding for Program Activities $1,817,225.25 HOME Investment Partnership Grant - Housing Total Funding for Housing Development $1,625,726.76 HOME Investment Partnership Grant - Program Administration Total Funding for Planning & Grants Administration $72,288.00 Total HOME Funding for Housing Development $1,698,014.76 Emergency Solutions Grant - Rapid Rehousing and Homelessness Prevention Total Street Outreach/Shelter Operations $54,683.00 Emergency Solutions Grant - Street Outreach/Shelter Operations Total Street Outreach/Shelter Operations $86,040.00 Emergency Solutions Grant - Program Administration Total Funding for ESG Admin $11,409.98 Total ESG Funding for Homeless Services $152,132.98 Total HOPWA Funding for Housing and Services $1,011,412.97 TOTAL 2016 ONE YEAR ACTION PLAN BUDGET $4,678,786.00 Housing Opportunities for Persons with AIDS Grant - Program Activities Total HOPWA for Program Activities $979,944.97 Housing Opportunities for Persons with AIDS Grant - Program Administration HOPWA Program Administration $31,468.00 Created: May 2018 Augusta Housing and Community Development Department Balance $81,768.64 $94,268.60 $73,458.00 $129,457.79 $200,000.00 $30,000.00 $608,953.03 $868,286.50 $67,793.00 $936,079.50 $25,000.00 $39,561.00 $0.00 $64,561.00 $896,699.51 $0.00 $896,699.51 $2,506,293.04 2017 One Year Action Plan - Program Allocations Summary Total funding for Special Purpose Programs $94,268.60 Community Development Block Grant - Poverty Reduction Programs Total funding for Poverty Reduction Programs $157,114.40 Community Development Block Grant - Special Purpose Programs Community Development Block Grant - Programmatic Contingency Budget Total Funding for Programmatic Contingency Services $73,458.00 Community Development Block Grant - Housing Development Programs Total Funding for Housing Development Programs $939,330.00 Community Development Block Grant - Economic Development Programs Total Funding for Economic Development Programs $200,000.00 Community Development Block Grant - Planning & Grants Administration Total Funding for Planning & Grants Administration $335,179.00 Total CDBG Funding for Program Activities $1,799,350.00 HOME Investment Partnership Grant - Housing Total Funding for Housing Development $871,315.00 HOME Investment Partnership Grant - Program Administration Total Funding for Planning & Grants Administration $71,902.00 Total HOME Funding for Housing Development $943,217.00 Emergency Solutions Grant - Rapid Rehousing and Homelessness Prevention Total Street Outreach/Shelter Operations $75,000.00 Emergency Solutions Grant - Street Outreach/Shelter Operations Total Street Outreach/Shelter Operations $64,561.00 Emergency Solutions Grant - Program Administration Total Funding for ESG Admin $11,315.00 Total ESG Funding for Homeless Services $150,876.00 Total HOPWA Funding for Housing and Services $1,058,968.00 TOTAL 2017 ONE YEAR ACTION PLAN BUDGET $3,952,411.00 Housing Opportunities for Persons with AIDS Grant - Program Activities Total HOPWA for Program Activities $1,027,500.00 Housing Opportunities for Persons with AIDS Grant - Program Administration HOPWA Program Administration $31,468.00 Created: May 2018 Housing & Community Development Department Hawthorne E. Welcher, Jr. Shawn L. Edwards Director Deputy Director Housing and Community Development 925 Laney Walker Blvd., 2nd Floor - Augusta, GA 30901 (706) 821-1797 – Fax (706) 821-1784 www.augustaga.gov Memorandum TO: COMMISSIONER MARION WILLIAMS THRU: LENA BONNER, CLERK OF COMMISSION CC: AUGUSTA, GA. COMMISSION MAYOR HARDIE DAVIS, JR. JANICE ALLEN JACKSON, ADMINSTRATOR FROM: HAWTHORNE WELCHER, JR., HCD DIRECTOR DATE: MAY 21, 2018 RE: COMMISSIONER M. WILLIAMS’S REQUEST Pursuant to your request for HUD information, please find enclosed the following… 1. HUD Annual Allocation Expenditure Listing (last 5 years of Annual Action Plans) a. Remaining Balances reflect unexpended funds remaining from specific activities previously approved as part of the corresponding years’ Annual Action Plans b. Remaining balances are encumbered by Augusta’s HUD-approved Citizen Participation Plan, which requires a formal ‘reprogramming’ process to alter the Scope, Area, Location, Project Sponsor or intended Beneficiary of the previously approved activity. HUD instructs that substantial amendments to Action Plans provide information to citizens when programs are impacted by the reallocation of prior year funds, as HCD is striving to keep these occurrences to a minimum, and reconcile them through annual reprogramming processes moving forward c. All HUD grant funds are allocated on a Grant Based Accounting basis, and must be expended within a certain timeframe in which they were allocated to Augusta, GA (CDBG-7yrs, HOME-4yrs, HOPWA-3yrs, & ESG-2yrs) 2. Affordable Housing Activity Listings a. Listings show affordable housing units developed ’17 &’18 w/ HUD funding ONLY b. Listings show partnerships with area Non Profits/CHDOs c. Listings do not include Laney Walker/Bethlehem housing units Thanks and if you have any additional questions or concerns, please do not hesitate to give me a call at (706) 564-4203. Attachments Commission Meeting Agenda 6/5/2018 2:00 PM Housing and Community Development Projects Department: Department: Caption:Motion to approve holding a workshop on information from HCD Director regarding 5-year history of HUD allocations, expenditures and activity listings on Tuesday, June 19, 2018 at 12 Noon. (Approved by Administrative Services Committee May 29, 2018) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cumulative Evaluation Advisory Committee 2018 Unsolicited Proposal RFPUP 18-001 Strategic Sourcing, Expense Reduction Change Management Advisory Services Wednesday, April 18, 2018 @ 11:00 a.m. SCORING CRITERIA PGV Advisors, LLC 3348 Peachtree Rd NE Suite 700 Atlanta, GA 30326 1.Does the proposal strategically align with current Government policy and objectives? (1 = Weak; 5 = Strong)2.67 2.Does the Committee believe that the proposal will deliver net economic benefits to the Government?(i.e.will it generate jobs, business activity,stimulate urban renewal,etc.that would otherwise be foregone) (1 = No benefits; 5 = High benefits)1.33 3.Does the Committee believe that the proposal will likely have a net financial impact on Government?(I.e.will Government have to incur expenditure?) (1- High impact; 5= No impact)5 4. Does the proposal have the ability to generate additional cash flow revenues for the Government? (1 - No revenues; 5= Substantial revenues)2 5.Does the Committee believe that the proposal will likely have an impact on the community? (1 = Negative impact; 5= Positive impact)2.33 6. Does the Committee believe that the proposal will likely have an impact on the environment? (1 = Negative impact; 5 = Positive impact)2.33 7.Are the risks associated with the proposal acceptable to Government? (1 = Not Acceptable; 5 = Acceptable)2.33 8.Is the proposal achievable in terms of delivery with respect to Government changes required and timeliness? (1 = Not achievable; 5 = Achievable)1.67 9.Intuitively,does the Committee believe that the proposal may be viable but lack adequate information to make a decision? (1 -Not viable,no further info required;3 =Possibly viable, more info required; 5 = Viable no further info required) 1.33 10.Does this proposal represent a value proposition that the Government should consider? (1 = No; 5 = Yes)1 Based on the scoring RFPUP 18-001 is not unique or innovative to the approaches or concepts demonstrated by the proposal that relate to Augusta's mission. It did not include sufficient detail to permit a determination that Government support could be worthwhile and the proposed work could benefit the agency's research and development or other mission responsibilities. Augusta has also received various request from other vendors in the past and currently receives similar @,-o.**nt @*r,tr*rx %. @"* @o-d, @rr*t*n April 11,2018 Sam Datta, Principal and Co-Founder PGV Advisors, LLC 3348 Peachtree Road, NE, Suite 700 Atlanta, Georgia 30325 RE: Unsolicited proposal: RFPUP 18-OO1 Strategic Sourcing, Expense Reduction & Change Ma nagement AdvisorY Services Dear Mr. Datta: The Augusta, Georgia procurement Department is in receipt of the above referenced unsolicited proposal and a cashier's check in the amount of S100'00 (check # 5530339897) which is non-refundable' The referenced unsolicited proposalwill be reviewed by an Advisory Committee' The Committee's review will determine either (a) to reject the unsolicited proposal; or (b) to accept the unsolicited proposal' Should the Committee determine to accept your company's unsolicited proposal, we will seek competing bids for the proposed project as required by the state of Georgia. we would like to thank you for your interest in doing business with Augusta and will notify you of the committee's determination. should you have any questions, please contact the Procurement Department via mail, fax or email as follows: Augusta Procurement DePartment Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 505 Augusta, GA 30901. Fax: 706-821-2811 or Email: unsolicitedproposal(@ausustaea.sov Sincelely, 4/4"-- Geri/A. Sams Prlurement Director Janice Allen Jackson, Administrator Andrew Mackenzie, General Counsel Room 605 - 535 Telfair Street, Augusta Georgia 30901 (706)821-2422'Fax (706) 821-281 I w\\av. augustaga.g()\' Register at www.demandstar.com/supplier for automatic bid notification Scan this QR code with your smartphone or camera equipped tablet to visit the Augusta, Georgia RE: @.*orrn-*rrl@frr,trr*rl 9ffi. @"*@*rnd, @or*a, April27,2O!8 Sam Datta, Principal and Co-Founder PGV Advisors, LLC 3348 Peachtree Road, NE, Suite 700 Atlanta, Georgia 30326 Unsolicited Proposal: RFPUP 18-001 Strategic Sourcing, Expense Reduction & Change Management Advisory Services Dear Mr. Datta: The referenced unsolicited proposal was reviewed by an Advisory Committee on April 18, 20L8. The Committee's review has determined the proposal is not unique to the needs of Augusta and we will not move forward with the referenced unsolicited proposal. The Procurement Department will prepare an Agenda Item to be placed before the governing body of Augusta, Georgia (the Board of Commission) to reject the referenced unsolicited proposal as recommended by the Advisory Committee. We will notify you as to the determination of the Board of Commission. Please note, we have attached a copy of your company's executed copy of Appendix D: Declaration to Abide by Process which states: o No intellectual property transfer to Augusta, Georgia at the Concept Submission, any material presented will be at my discretion;o No approaches will be made to the Board of Commission or other officers within Augusta, Georgia prior, during and after the Phased Process relating to an Unsolicited Proposal; ando ln the event of a rejected proposal, no further approaches are made to Augusta, Georgia regarding the Unsolicited Proposal until at least 18 months have transpired since the Concept Submission. We sincerely appreciate your interest in doing business with Augusta, Georgia and look forward to your continued participation in future business opportunities. GeriA. Sams Procurement Director cc: Janice Allen Jackson, Administrator Andrew Mackenzie, General Counsel Advisory Com mittee Members Attachment: Copy - PGV Executed Appendix D Room 605 - 535 Telfair Street, Augusta Georgia 30901 (706) 821-2422 - Fax (706) 821-281 I www.augustaga.goV Register at www.demandstar.com/supplier for automatic bid notifi cation ffi Scan this QR code with your smartphone or camera equipped tablet to visit the Augusta, Georgia Augusta, Georgia pGuS.-"- E oimim t-T rorifii-yitir i c r rrt orUnsolicited ProPosal Appendix D: Declaration to Abide by Process Date: March25,?OLG Name: Sam Datta Organization: PGV Advisors, LLC To: GeriA. Sams, Director. Augusta Procurement Department ln relation to the: Unsolicited Proposalfor Cost Reduction and Capital lnfusion Declaration: l, Sam Datta, Principal of PGV Advisors, 3348 Peachtree Road NE, Suite 700, Atlanta GA 30326 agree and acknowledge that I abide by the process outlined in this document including the following:o No intellectual property transfer to Augusta, Georgia at the Concept Submission, any material presented will be at my discretion;r No approaches will be made to the Board of Commission or other officers within Augusta, Georgia prior, during and after the Phased Process relating to an Unsolicited Proposal; ando ln the event of a rejected proposa!, no further approaches are made to Augusta, Georgia regarding the Unsolicited Proposal until at least 18 months have transpired since the Concept Submission. Executed as a Deed Signed, sealed and delivered Signature of Declarant: l{ame of Declarant:Sam Datta Signature of Witness:Crhtuf Name of Witness:Chris Clabbv 16 Commission Meeting Agenda 6/5/2018 2:00 PM Unsolicited Proposals Department:Procurement Department:Procurement Caption:Motion to reject Unsolicited Proposal: RFPUP 18-001 Strategic Sourcing, Expense Reduction & Change Management Advisory Services. (Approved by Administrative Services Committee May 29, 2018) Background:Georgia Governor Nathan Deal signed into law new public- private partnership (P3) legislation, the Partnership for Public Facilities and Infrastructure Act (SB 59) (hereinafter referred to as “the Act”) on May 5, 2015. The Act allows state and local government entities to partner with private entities on “qualifying projects,” broadly meaning any project deemed to meet a public purpose or public need and satisfying those requirements set forth under the Act. On July 11, 2017 approved the conceptual model of Public-Private Partnership (P3) and on July 18, 2017 (second reading), the Augusta Commission adopted the model guidelines from the Partnership for Public Facilities and Infrastructure Act of 2015 Guidelines Committee. The referenced unsolicited proposal was reviewed by an Advisory Committee in accordance with guidelines set by Georgia. The determination of the Committee’s review is to reject RFPUP 18-001 unsolicited proposal as referenced above. Analysis:RFPUP 18-001 Strategic Sourcing, Expense Reduction & Change Management Advisory Services was received from PGV Advisors on March 28, 2018 at 9:56 am. The committee found that the reasons for rejecting the proposal are: • It is not Unique, innovative, and meritorious methods, approaches, or concepts demonstrated by the proposal that relate Augusta's mission. • Did not Includes sufficient detail to permit a determination that Government support could be worthwhile and the proposed work could benefit the agency's research and development or other mission responsibilities; and • Augusta has received various request from other vendors in the past and currently receives similar requests. • Augusta create an internal department to collect “bad debt” • The submittal MUST be a written proposal for a new or innovative idea that is submitted to an agency on the initiative of the offerer for the purpose of obtaining a contract with the Government. It is not in response to a request for proposals, broad agency announcement, small business innovation research topic, small business technology transfer research topic, program research and development announcement, or any other government-initiated solicitation or program. Financial Impact:None Alternatives:PGV Advisors - No approaches will be made to the Board of Commission or other officers within Augusta, Georgia prior, during and after the Phased Process relating to an Unsolicited Proposal; In the event of a rejected proposal, no further approaches are made to Augusta, Georgia regarding the Unsolicited Proposal until at least 18 months have transpired since the Concept Submission; and Augusta, Georgia retains the right to reject any proposal at any time prior to the execution of an interim or comprehensive agreement. Recommendation:To reject Unsolicited Proposal: RFPUP 18-001 Strategic Sourcing, Expense Reduction & Change Management Advisory Services received from PGV Advisors, LLC Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 6/5/2018 2:00 PM Accountability Court Emergency Grant Funds Department:Richmond County State Court Department:Richmond County State Court Caption:Motion to approve receipt of $7500 in State grant emergency funds for treatment services for indigent participants in DUI Court. This emergency funding is in addition to previous approved grant A18-08-018 ($159,369). (Approved by Public Safety Committee May 29, 2018) Background:The Richmond County State Court DUI court program received emergency grant funds of $7500 to assist some of its indigent participants with the cost of alcohol/drug abuse counseling. Analysis:n/a Financial Impact:Match funds of $750 are available in Fund 204 participant fees. Alternatives:None Recommendation:Approve Funds are Available in the Following Accounts: Match funds of $750 are available in Fund 204 participant fee account. Original award grant budget is in org key - 220022638. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission 1 fy19_LGL70_CountyCap.doc INTERGOVERNMENTAL AGREEMENT COUNTY CAPACITY THIS AGREEMENT is entered into the 1st day of July, 2018, by and between the GEORGIA DEPARTMENT OF CORRECTIONS, an agency of the State of Georgia (“Department”), and Augusta Georgia, a political subdivision of the State of Georgia (“County”), acting by and through its Board of County Commissioners, referred to individually as “Party” or together as “Parties.” WHEREAS, Department desires to contract with County for appropriate care and custody of certain offenders for which Department is responsible, (“State Offenders”); and County desires to provide appropriate care and custody of State Offenders at a correctional institution operated by County (“Services”). NOW, THEREFORE, in consideration of these premises and the mutual promises and agreements hereinafter set forth, the parties hereby agree as follows: 1. Care and Custody. County agrees to provide complete care and custody of up to 230 State Offenders daily, for the Term of this Agreement and in accordance with all applicable state and federal laws, rules, and regulations. Without limiting the generality of the foregoing, County specifically agrees that no State Offender labor shall benefit private persons or corporations. 2. Recording Offender Movement in SCRIBE. County agrees to record any and all movement of State Offenders transferred in and out of the County facility by entering the movement in Department’s SCRIBE system on the same day the movement occurs. Movements that are not entered in SCRIBE on the day the movement occurs will not show as an adjustment and result in an inaccurate daily count. County is solely responsible for implementing procedures to ensure that SCRIBE entries are made accurately and in a timely manner. County is responsible for verifying the State Offender count and all movements in and out of the County facility in SCRIBE on a daily basis to ensure that the count is accurate. County understands that the count reflected in SCRIBE is the official count for purposes of calculating payment under this Agreement. Late documentation, lack of documentation, or inaccurate documentation may result in delayed payment or non- payment under this Agreement. County agrees to grant Department access to County’s records, documentation procedure, and personnel for purposes of auditing SCRIBE entries and verifying State Offender count at any time upon Department’s request. 3. Notification of Medical Treatment. County shall notify Department of any State Offender that the County transfers to a hospital for treatment that will require an overnight stay or for whom treatment is likely to cost in excess of One Thousand Dollars ($1,000.00). Said notification shall be provided via telephone contact within Twenty-Four (24) hours of 2 fy19_LGL70_CountyCap.doc offender being admitted for treatment on an outpatient or inpatient basis. County shall notify Department pursuant to this paragraph by calling the Department’s “On Call Utilization Management Nurse” at 404-863-3079 at any time of day or night. 4. Employee or Offender Misconduct. The County agrees that it will notify the Department within ten (10) business days after terminating an employee of the County correctional institution for misconduct or of the resignation of any employee in connection with an allegation or investigation of misconduct. The County further agrees that it will notify the Department within ten (10) business days if it, one of its employees, or any other law enforcement officer secures a criminal warrant for the arrest or otherwise pursues the prosecution of an offender being housed at the County CI for criminal conduct allegedly committed at the County CI. County agrees that it will not hire any employee terminated by Department for misconduct or who resigns from Department in connection with an allegation or investigation of misconduct. 5. Compensation. Department agrees to pay County the sum of Twenty Dollars ($20.00) per State Offender per day for the duration of this Agreement. County agrees to invoice Department monthly, in compliance with all billing procedures established by Department. Department shall endeavor to pay County for Services within Forty-Five (45) days of invoice receipt in approved form. County acknowledges and agrees that the Commissioner of Corrections shall have sole authority with respect to the transfer of State Offenders to and from the County correctional institution and Department shall not incur charges for State Offenders not under the care and custody of County. A State Offender is not under the care and custody of County when a State Offender is not housed at the County facility including when a State Offender is out to court or sent to a Department facility for medical or mental health evaluation. 6. Term of Agreement. The term of this Agreement shall be from July 1, 2018 until 11:59 p.m. on June 30, 2019 (the “Term”). The Parties may, by mutual agreement in writing, extend the Term for additional time periods. 7. Termination. Department may at any time and for any reason terminate this Agreement by providing written notice in advance of such termination to County. In the event of termination under this paragraph, Department shall pay County for Services performed prior to the effective date of termination; provided, however, that payments otherwise due County may be applied by Department against amounts due or claimed to be due to Department. In the event that County fails to comply with the provisions of this Agreement, Department may terminate this Agreement for cause and without notice. If termination is for cause, payments may be withheld by Department on account of the Services being deemed deficient and not remedied by County prior to the effective date of termination. County shall be liable to Department for any additional cost incurred by Department as a result of deficiencies in the Services to be provided hereunder. 3 fy19_LGL70_CountyCap.doc 8. Prison Rape Elimination Act. County agrees that it will adopt and comply with 28 C.F.R. 115, entitled the Prison Rape Elimination Act (“PREA”). As required in 28 C.F.R. 155.12, County further agrees to cooperate with Department in any audit, inspection, or investigation by Department or other entity relating to County’s compliance with PREA. Department shall monitor the County’s compliance with PREA, and shall have the right to inspect any documents or records relating to such audit, inspection or investigation and County will provide such documents or records at Department’s request. County acknowledges that failure to comply with PREA is a material breach of this Agreement and is cause for termination of this Agreement. 9. Notices. Any notice under this Agreement, other than those referenced in Paragraph 3, “Notification of Medical Treatment,” shall be deemed duly given if delivered by hand (against receipt) or if sent by registered or certified mail, return receipt requested, to a Party hereto at the address set forth below or to such other address as the Parties may designate by notice from time to time in accordance with this Agreement. If to the County: Augusta Georgia Administrator, Board of Commissioners 535 Telfair Street, Ste., 910 Augusta, GA 30901 With a copy to: Richmond County Prison Warden, Evan Joseph 2314 Tobacco Road Augusta, GA 30906 If to the Department: Jennifer Ammons General Counsel Georgia Department of Corrections State Office South, Gibson Hall, 3rd Floor P.O. Box 1529 Forsyth, Georgia 31029 With a copy to: Robert Toole Facilities Director Georgia Department of Corrections State Office South, Gibson Hall, 1st Floor P.O. Box 1529 Forsyth, Georgia 31029 10. Reimbursement of Medical Costs. a. Department agrees to reimburse County for certain costs of medical services required for medical conditions which: (1) pose an immediate threat to life or 4 fy19_LGL70_CountyCap.doc limb, and (2) occur under circumstances in which the State Offender cannot reasonably be placed in a state institution for the receipt of this care (“Emergency Medical Services”). Department’s obligation to reimburse County for the cost of any medical services, to include Emergency Medical Services, arises only when the cost per State Offender per incident exceeds One Thousand Dollars ($1,000.00), and Department shall only be liable for the amount in excess of One Thousand Dollars ($1,000.00), subject to the limitations of this paragraph and other applicable laws and regulations. b. County agrees to invoice Department monthly for the actual cost of Emergency Medical Services paid by County. If there existed any rate agreement between County and the hospital or hospital authority at the time Emergency Medical Services were rendered, the invoice must reflect such rate. All invoices from County must include an invoice or receipt from the hospital that clearly shows the actual cost of Emergency Medical Services paid by County. c. Department is not liable to County for any late fees or charges imposed by the hospital, hospital authority (collectively, “Late Fees”), or other service provider, for late or nonpayment by the County. County agrees to exclude Late Fees from its invoices to Department. d. If Department reasonably determines that there is a difference between the actual cost incurred by County and the invoice sent to Department, Department may assess an administrative fee of one-half (1/2) of the difference to cover the administrative costs incurred by the Department. Department shall send County written notice of any administrative fees, and County shall have Thirty (30) days to make payment or to dispute the fee in writing. If County does not make payment of undisputed administrative fees by the due date, Department is entitled to a setoff of the same amount against future payments owing to County. e. Pursuant to O.C.G.A. § 42-5-2(c), Department shall reimburse County no more than the applicable Georgia Medicaid Rate for Emergency Medical Services provided to a State Offender by a hospital, hospital authority, or other service provider. Department shall not be liable to County for any amount paid by County to a hospital, hospital authority, or other service provider, in excess of the Medicaid Rate for emergency services provided to a State Offender. 11. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties hereto and replaces, cancels and supersedes any prior agreements and understandings relating to the subject matter hereof, and all prior representations, agreements, understandings and undertakings between the parties hereto 5 fy19_LGL70_CountyCap.doc with respect to the subject matter hereof are merged herein. 12. Sole Benefit. Department and County enter into this Agreement for their sole benefit. Department and County do not intend to give any rights pursuant to this Agreement to any other parties. 13. Choice of Law and Venue. The Contract shall be governed in all respects by the laws of the State of Georgia. Any lawsuit or other action brought against the Department and the State based upon or arising from this Agreement shall be brought in the Superior Court of Fulton County, Georgia. 14. Amendment. The Parties recognize and agree that it may be necessary or convenient for the Parties to amend this Agreement and the Parties agree to cooperate fully in connection with such amendments if and as necessary. However, no change, modification or amendment to this Agreement shall be effective unless the same is reduced to writing and signed by the Parties. 15. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original but all of which shall constitute one agreement. No Party shall be bound by this Agreement until all Parties have executed it. IN WITNESS WHEREOF, the parties have caused the authorized representatives of each to execute this Agreement on the day and year first above written. GEORGIA DEPARTMENT OF AUGUSTA, GEORGIA: CORRECTIONS: By: Jennifer Ammons By: General Counsel Print Name: Hardie Davis, Jr. Title: Mayor FACILITY WARDEN/SUPERINTENDENT By: Print Name: Evan Joseph Commission Meeting Agenda 6/5/2018 2:00 PM Augusta Richmond County FY19 Capacity Agreement Department:Richmond County Correctional Institution Department:Richmond County Correctional Institution Caption:Motion to approve Augusta-Richmond County FY19 Capacity Agreement for state inmates being housed in the Richmond County Correctional Institution. (Approved by Public Safety Committee May 29, 2018) Background:Augusta-Richmond County contracts with the State of Georgia to house two hundred thirty (230) non-violent inmates to perform skilled/non-skilled labor in City Departments. Analysis:The Department of Corrections pays the City a per diem of twenty ($20.00) dollars per day per inmate. Financial Impact:The revenue received from the Department of Corrections is approximately forty-five (45%) percent of the institution's annual budget. Alternatives: Recommendation:Approve the Augusta-Richmond County FY19 Capacity Agreement to house two hundred thirty (230) non-violent inmates. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Request for Proposal Request for Proposals will be received at this office until Wednesday, March 28, 2018 @ 3:00 p.m. for furnishing: RFP Item # 18-154A Consulting Services - EMS Medical Director for Augusta, GA – Fire 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. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Wednesday, March 14, 2018, @ 5:00 P.M. No RFP will be accepted by fax, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of 60 days after bids have been opened, pending the execution of contract with the successful bidder(s). Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for proposal including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the envelope. 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 his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Mailed 3/1/18 OFFICIAL VENDORS Attachment "B"E-Verify SAVE Form Original 8 Copies Fee Proposal Augusta University Medical Associates 1499 Walton Way, Suite 1400 Augusta, GA 30901 Yes 597655 Yes Yes Yes Yes RFP Item #18-154A Consulting Services - EMS Medical Director for Augusta, Georgia – Fire Department RFP Date: Wednesday, March 28, 2018 @ 3:00 p.m. Total Number Specifications Mailed Out: 13 Total Number Specifications Download (Demandstar): 3 Total Electronic Notifications (Demandstar): 144 Total Number Specifications Mailed Out to Local Vendors:7 Pre Proposal Telephone Conference Attendees: NA Total packages submitted: 1 Total Noncompliant: 0 Page 1 of 1 Augusta University 1499 Walton Way, Suite 1400 Augusta, GA 30901 Augusta University 1499 Walton Way, Suite 1400 Augusta, GA 30901 Ranking of 0-5 (Enter a number value between 0 and 5) Evaluation Criteria Ranking Points Scale 0 (Low) to 5 (High) 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 2. Qualifications & Experience (0-5)20 5 100 3. Organization & Approach (0-5)15 5 75 4. Scope of Services • Executive Summary - qualifications, understanding of the work to be done. • Project Approach - Quality performance and responsiveness to project requirements addressed. • Management Plan - Related experience, estimated project hours, quality & cost control addressed. • Consultant Information - Firm details provided, similar projects completed, key personnel addressed. (0-5)15 4.5 67.5 5. Schedule of Work (0-5)10 4 40 6. References (0-5)5 4 20 Within Richmond County 5 10 5 50 Within CSRA 5 6 0 Within Georgia 5 4 0 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 0  All Others 5 1 0 27.5 352.5 8. Presentation by Team (0-5)10 0 9. Q&A Response to Panel Questions (0-5)5 0 Lowest Fees 5 10 5 50 Second 5 6 0 Third 5 4 0 Forth 5 2 0 Fifth 5 1 0 Total Phase 2 5 50 32.5 402.5 Vendors Total Phase 1 Total - (Total Maximum Ranking 25 - Maximum Weighted Total Possible 375) Phase 1 RFP #18-154A Consulting Services - EMS Medical Director for Augusta, Georgia – Fire Department Evaluation Meeting: Wednesday, April 18, 2018 @ 4:00 pm. 7. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Weighted Scores Procurement DepartmentRepresentative:_____Nancy Williams________________________________________ Procurement Department Completion Date: 4/11/18 Phase 2 (Option - Numbers 8-9) 10. Cost/Fee Proposal Consideration (only choose 1 line according to dollar value of the proposal in relation to all fee proposals - enter Internal Use Only Total Cumulative Score (Maximum point is 500) Evaluator: Cumulative Date: 4/11/18 Page 1 of 11 MEDICAL DIRECTOR SERVICES CONTRACT THIS PROFESSIONAL SERVICES CONTRACT ("Contract”) is made and entered into by and between Augusta, Georgia, a political subdivision of the State of Georgia, by and through its Board of Commissioners, whose address is 535 Telfair Street, Augusta, Ga. 30901, hereinafter referred to as "Augusta", and AU Medical Associates, whose address is 1499 Walton Way, Suite 1400, Augusta, Georgia 30901 hereinafter referred to as "Consultant". WHEREAS, Augusta desires to enter into a Contract with a qualified individual to serve as the Medical Director for the Fire Department’s Emergency Medical Services Program. WHEREAS, Consultant responded to Augusta’s RFP # 18-154 A and has represented to Augusta that it is experienced and qualified to provide the services contained therein; and, WHEREAS, Augusta has relied on such representation and Consultant was chosen as the most qualified respondent based on its submittal. NOW THEREFORE, in consideration of the foregoing, the provisions contained herein and the mutual benefits derived here from and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Consultant and Augusta agree as follows: 1. Scope of Work. Consultant shall provide the following services: A. Appoint a Georgia licensed physician member that is board certified by the American Board of Emergency Medicine and is knowledgeable in EMS medical direction to serve as Medical Director for the Augusta Fire Department (AFD) in accordance with the Official Code of Georgia Annotated Title 31, Chapter 11, the Georgia Department of Human Resources Rule and Regulations Chapter 290-5-30, and Georgia Health Code 88-31 to AFD staff members; and provide medical control and oversight for the Fire Department; B. Provide medical control and oversight for EMS programs including ALS, BLS, Infection Control, community oriented training programs such as CERT, CPS and AED programs; C. Provide medical control and oversight for the defibrillation program; D. Design, evaluation, and administer a continuous quality improvement (CQI) and a comprehensive quality assurance program (CQA); E. Develop, review, or revise written operational and medical protocol procedures for EMS pursuant to State of Georgia regulations to assure the medical service delivery of the EMS Program by AFD and provide medical administration, support and oversight of EMS curriculum development and education; F. Provide medical liaison services between the Augusta Fire Department and the Augusta medical community; Page 2 of 11 G. Facilitate and implement the EMS Agenda for the future as developed by the National Highway Traffic Safety Administration; and the GEMSIS-Shaping the Future of EMS in Georgia plan as developed by the Georgia Department of Human Resources Division of Public Health Office of Emergency Medical Services/Trauma; H. Conduct at least one training activity each quarter; I. Provide quarterly reports outlining the Services provided in the preceding quarter; and J. Investigate and resolve medically related complaints against AFD, including the authority to limit, suspend, or withdraw medical direction to any AFD staff member as described in Section 4 below. K. The Medical Director is to provide his/her own cell phone. 2. Augusta’s Obligations: Augusta agrees to: A. Ensure that the Medical Director has appropriate access to Augusta officials as reasonably needed; B. Ensure that the Medical Director has access to run reports (PCRs), medical records, dispatch logs, personnel files, and other documents as needed to fulfill the obligations of this Contract; C. Assist the Medical Director in preparation of EMS documents and reports; D. Enforce employee remedial training as required in writing by the Medical Director; E. Permit AFD staff members to function only at a level of practice authorized by the Medical Director; F. Assure that AFD staff members practice only under the medical direction or protocol of the Medical Director, and no other physician, other than on-line medical control provided during the patient encounters while on duty with AFD; G. Agree to contact the Medical Director to obtain online medical direction services; H. Provide a letter on Augusta letterhead, signed by an appropriate Augusta official that state a Consultant physician member provides contract services to Augusta and serves as the Medical Director of AFD, and specifically state that the Medical Director is authorized to correspond with the medical community regarding matters within the Medical Director’s purview and to write letters of recommendation for ADF staff members for paramedical class; I. Assure that job descriptions and other documents relating to the employment of individual providers contain appropriate provisions necessary to allow the Consultant Page 3 of 11 physician member to fully exercise the Medical Director’s authorities by law and under this Contract without giving rise to an employment dispute or action; and J. Provide access to computer-generated data and software, a portable radio and safety equipment for use by the Medical Director. 3. Term. This Contract shall commence as of the date executed by Augusta, Georgia (“Commencement Date”) and shall have an initial term of two (2) years. Thereafter, this Contract may be extended upon mutual written agreement. This Contract shall: (i) terminate absolutely and without further obligation on the part of Augusta each and every December 31 at 11:59 pm, as required by O.C.G.A. §36-60-13, as amended, unless sooner terminated in accordance with the termination provisions of this Contract; (ii) automatically renew on each January 1 at 12:00am, unless terminated in accordance with the termination provisions of this Contract; and (iii) terminate absolutely, with no further renewals, five (5) years from the Commencement Date. 4. Standard of Performance. A. Consultant represents and warrants that it has the necessary knowledge, experience, abilities, skills and resources to perform its obligations under this Contract, and agrees to perform its obligations in a professional manner, consistent with prevailing industry/professional standards and practices. B. Consultant agrees that the Medical Director shall provide a minimum of five (5) hours of medical direction services, per week. C. The Medical Director shall have the authority to limit, suspend, or withdraw medical direction to any AFD staff member. The Medical Director shall give prior notice of any such action to the AFD Fire Chief or his/her designee, or the earliest possible notice, if prior notice cannot reasonably be given. The Medical Director will discuss the limitations, suspension, or withdrawal of medical direction to an individual provider with the AFD Fire Chief or his/her designee and, at the request of the AFD Fire Chief or his/her designee, properly provide the basis for any such action in writing. 5. Qualifications. Licenses. and Permits; Compliance with Law. A. Consultant represents and warrants that it has all licenses and permits necessary to conduct its business and perform its obligations under this Contract, and agrees to comply with all applicable federal, state, and local statutes regulations, codes, ordinances and policies in performing its obligations under this Contract. B. Consultant agrees that the Medical Director shall meet the following qualifications criteria prior to and throughout the term of this Contract: i. Be licensed by the Georgia Board of Medical Examiners to practice medicine in the State of Georgia; ii. Have active medical staff privileges at a hospital in the State of Georgia; Page 4 of 11 iii. Have current Board Certification by the American Board of Emergency Medicine; iv. Be a graduate of the National Association of EMS Physicians EMS Medical Directors Course and Practicum; v. Must be eligible for certification by the American Board of Emergency Medicare EMS Subspecialty Boards; vi. Possess a valid Advanced Cardiac Life Support (ACLS) certification; and vii. Possess a valid Georgia Driver’s License. 6. Independent Consultant Relationship. The parties intend that Consultant's relationship to Augusta in providing services hereunder shall be that of an independent Consultant. Nothing in this Contract, nor any performance hereunder, is intended or shall be construed to create a partnership, joint venture or relationship of agency or employment between Augusta and Consultant. In providing services hereunder, Consultant shall represent itself to third parties as an independent Consultant to Augusta and shall not hold itself out as having any authority to obligate Augusta. Consultant shall have no authority for any complaints related to employment with Augusta, Georgia and has no authority to hire, fire, discipline or otherwise effect the terms and conditions of Augusta, Georgia employees, except as specifically set forth herein. Augusta may, at its discretion, permit Consultant to use the AFD logo on business cards for purpose of liaison activities with the local medical community, provided that Consultant is identified on the business card as being under contract with Augusta and the form of the business card is approved by Augusta prior to its use. 7. Confidentiality. Consultant agrees to treat all information disclosed by Augusta pursuant to this Contract as confidential, and Consultant shall not disclose or use any such information except as required in connection with the performance of its obligations under this Contract. It is further agreed that if the Consultant, without prior approval from Augusta, releases any information, the release of same shall be immediate grounds for termination of this Contract without indemnity to the Consultant. Should any such information be released by Augusta or by the Consultant with prior approval, the same shall be regarded as public information and no longer subject to the restrictions of this Contract. 8. Assignment. Consultant does hereby assign, grant, and deliver to Augusta, and Augusta hereby accepts, the entire worldwide right, title, and interest of every kind and nature whatsoever in and to the deliverables under this Contract, including but not limited to any related intellectual property rights. 9. Records. Consultant shall maintain throughout the term of this Contract and for a period of six (6) years thereafter, records that indicate the date, time, and nature of the services rendered. Consultant shall make available for inspection by Augusta all records, books of account, memoranda, and other Page 5 of 11 documents pertaining to Augusta, except medical records at any reasonable time upon request. 10. Open Records. Consultant acknowledges that all records relating to this Contract and the services to be provided under the contract, may be a public record subject to Georgia's Open Records Act (O.C.G.A. § 50-18-70, et seq.). Consultant shall cooperate fully in responding to such request and make all records not exempt, available for inspection and copying as provided by law. 11. Fee; Expenses. This is a “part-time” consultant position and the consultant is expected to work a minimum of five hours per week on this project. In consideration of Consultant performing its obligations under this Contract, Augusta will pay Consultant: a. The amounts as described in Exhibit “A” Compensation/Price List attached hereto. This will be the total compensation paid to the Contractor except for payments, if any, made under subparagraphs b and c below. b. Additional Services: Augusta shall pay the Consultant for additional services requested or authorized by Augusta, based on the fee schedule attached as Exhibit A. A properly itemized invoice will be submitted for payment on a monthly basis, provided the service is performed to standards and service is completed. c. Additions or Deletions: Augusta may add or delete service requirements of this contract, in writing. Such changes shall be negotiated based on a prorated price consistent with the original price contained in the Consultant’s response to RFP #18-154 A, as supplemented. 12. Invoicing. Consultant shall submit monthly invoices to the Augusta Fire Chief identifying this Contract and the amount payable. Payment of undisputed amounts shall be due and payable thirty (30) days after Augusta's receipt of the invoice. Notwithstanding anything in the Bid or Consultant’s Proposal, Augusta shall have the right to withhold or deduct payments in the event of Consultant’s non-performance. 13. Georgia Prompt Pay Act Not Applicable. The terms of this Contract supersede any and all provisions of the Georgia Prompt Pay Act. 14. Defective Pricing. To the extent that the pricing provided by Consultant is erroneous and defective, the parties may by agreement, correct pricing errors to reflect the intent of the parties. 15. Prohibition Against Contingent Fees. The Consultant warrants that no person or selling agency has been employed or retained to solicit or secure this Contract 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 Consultant for the purpose of securing business and that the Consultant has not received any non- Augusta fee related to this Contract without the prior written consent of Augusta. For breach or violation of this warranty, August shall have the right to annul this Contract without liability or at its discretion to deduct from the Contract Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. Page 6 of 11 16. Termination. This Contract may be terminated prior to the completion of Consultant's services: a. upon thirty (30) days written notice to the other party, or b. by either party upon a breach of this Contract (including, but not limited to, Consultant's services being deemed unsatisfactory by Augusta. Provided however, the defaulting party shall be given ten (10) days’ written notice of the default. If the default remains uncured ten (10) days after receiving written notice of such breach from the terminating party, the terminating party can cancel this Contract. c. This Contract may be terminated immediately if Consultant fails to maintain insurance or fails to comply with the Workers' Compensation Act and applicable rules as described in Section 21 herein. In the event of a termination of this Contract pursuant to this Section, Augusta and Consultant will in good faith negotiate an appropriate reduction in the fees payable to Consultant pursuant to Section 11 above. 17. Survival. Notwithstanding anything in this Contract to the contrary, the provisions of Section 20 below shall survive any expiration or termination of this Contract, and each party shall remain obligated to the other party under all provisions of this Contract that expressly or by their nature extend beyond and survive the expiration or termination of this Contract. 18. Temporary Suspension or Delay of Performance of Contract. To the extent that it does not alter the scope of this Contract, Augusta may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by Consultant under this Contract. 19. Specified Excuses for Delay or Non-Performance. Neither Augusta nor Consultant shall be liable for any delay in the performance of this Contract, nor for any other breach, or for any loss or damage arising from uncontrollable forces such as: fire, theft, storm, war, or any other major force that could not have been reasonably avoided by the exercise of due diligence. 20. Indemnification. Consultant shall indemnify, hold harmless, protect and defend Augusta and its Commissioners, elected officials, trustees, officers, employees, agents, and representatives (the "Indemnified Parties”) for, from, and against any and all demands, claims, suits, damages, losses, liabilities, costs and expenses, including, but not limited to, court costs and attorneys' fees (the ''Indemnified Matters"), of any nature whatsoever (including, but not limited to, damage to or loss of property, bodily injury or death), directly or indirectly arising out of or in connection with the performance of Consultant's obligations under this Contract. Consultant's indemnification obligations 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. Consultant's defense obligations under this Section shall be with attorneys approved by Augusta, which approval shall not be unreasonably withheld. Augusta shall indemnify, hold harmless, protect and defend Consultant and its officers, employees, agents, and representatives (the "Indemnified Parties”) for, from, and against any and all demands, claims, suits, damages, losses, liabilities, costs and expenses, including, but not limited to, court costs and attorneys' fees (the ''Indemnified Matters"), of any nature whatsoever (including, but not limited to, damage to or Page 7 of 11 loss of property, bodily injury or death), directly or indirectly arising out of or in connection with the performance of Augusta’s obligations under this Contract. Augusta’s indemnification obligations 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. 21. Insurance. Consultant shall at all times that this Contract is in effect, cause to be maintained in force and effect an insurance policy(s) that will ensure and indemnify Augusta against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any negligent error, act, or omission of the Consultant in performance of the work during the term of this Contract. Consultant shall provide, at all times that this Contract is in effect, insurance with limits of not less than: a. Workmen's Compensation Insurance in accordance with the State of Georgia; b. General Liability Insurance in an amount of not less than One Million ($1.000,000) Dollars for injuries, including those resulting in death to any one person, and in an amount of not less than One Million ($1,000,000) Dollars on account of any one occurrence; c. Professional Liability Insurance in an amount of not less than One Million ($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000. All insurance policies required by this Contract will provide that they may not be canceled nor the coverage materially changed without thirty (30) days prior written notice to Augusta. Augusta will be named as an additional insured with respect to Consultant’s liabilities hereunder in insurance coverage identified in items B & C. Such policies shall name Augusta as a co-insured, except for worker’s compensation and professional liability policies, and a copy of such policy or a certificate of insurance shall be filed with the Augusta at the time of the execution of this Contract. Augusta agrees to identify one of Consultant’s vehicle on Augusta’s ambulance license for use by the Medical Director in responding to Augusta emergencies. Consultant assumes all responsibility for ensuring treat the vehicle complies with all applicable laws, rules, and regulations pertaining to ambulance supervisor vehicles. Consultant shall be responsible for any fines or other consequences resulting from Consultant’s failure to comply with any applicable laws, rules, or regulations pertaining to ambulance supervisor vehicles. Augusta shall have the right to inspect the vehicle at any reasonable time. Consultant shall provide adequate vehicle insurance in accordance with all applicable laws, rules, and regulations pertaining to ambulance supervisor vehicles. Consultant will lose this benefit in the event that Augusta no longer possess an ambulance license. 22. Power and Authority: Due Authorization; No Conflict: Enforceability. Each party represents and warrants to the other party that: (i) such party has the power and authority to execute, deliver and perform its obligations under this Contract; (ii) the execution, delivery and performance of this Contract have been duly authorized by such party and do not and shall not conflict with any agreement or instrument to which it is bound; (iii) this Contract constitutes the legal valid and binding obligation of such party, enforceable against it in accordance with its terms; (iv) no circumstances exist which will cause a Conflict of Interests in performing the services required by this Contract, to include the Consultant and Page 8 of 11 his or her employees or agents performing under this contract and are NOT employees or agents of Augusta, or any public agency or official affected by this contract; (v) no employee of Augusta or any public agency or official affected by the contract be employed by the Consultant for the period of Contract duration. 23. Entire Agreement: Severability: Further Assurances. This Contract including any exhibits attached hereto and RFP #18-154 A, including any attachments thereto, constitutes the entire Agreement between the parties, and supersedes all prior and contemporaneous contracts, understandings and negotiations, with respect to the subject matter hereof. In the event any provision of this Contract is determined to be invalid or unenforceable, it is the desire and intention of the parties that such invalidity or unenforceability not invalidate or render unenforceable the remainder of the Contract and that such provision be reformed and construed in such a manner that it will, to the maximum extent practicable, be deemed valid and enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly. Each party shall execute and deliver such further documents and take such further actions as may be required or reasonably requested by the other party to effectuate the purposes of this Contract. 24. No Assignment; No Amendment: No Waiver. This Contract (i) may not be assigned or transferred, in whole or in part, by operation of law or otherwise, by either party without the prior written consent of the other party, and (ii) may not be amended or modified by course of conduct or otherwise, except in a writing duly executed by each of the parties. 25. Acknowledgement. Consultant 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, Consultant is deemed to possess knowledge concerning Augusta’s ability to assume contractual obligations and the consequences of Consultant's provision of goods or services to Augusta under an unauthorized contract amendment, modification, change order or other similar document, including the possibility that the Consultant may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Consultant agrees that if it provides goods or services to Augusta under a contract that has not received proper legislative authorization or if the Consultant provides goods or services to Augusta in excess of the any contractually authorized goods or services, as required by Augusta's Charter and Code, Augusta may withhold payment for any unauthorized goods or services provided by Consultant. Consultant assumes all risk of nonpayment for the provision of any unauthorized goods or services to Augusta, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, however characterized, including, without limitation, all remedies at law or equity. Any waiver of any provision of this Contract shall be in writing duly executed by the waiving party. The failure or delay by either party to seek redress for any breach or default under this Contract, or to insist upon the strict performance of any provision of this Contract shall not constitute a waiver thereof or of any other provision of this Contract, and such party shall have all remedies provided herein and at law and in equity with respect to such act and any subsequent act constituting the same. 26. Notice. Any notices required under this Contract shall be made in writing, postage prepaid to the following addresses, and shall be deemed given upon hand deliver, verified delivery by telecopy (followed Page 9 of 11 by copy sent by United States mail), or three (3) days after deposit in the United Stated Mail: AUGUSTA: AUGUSTA FIRE CHIEF AUGUSTA FIRE DEPARTMENT ADMINISTRATION 3117 DEANS BRIDGE ROAD AUGUSTA, GA. 30906 COURTESY COPY TO:GENERAL COUNSEL AUGUSTA LAW DEPARTMENT 535 TELFAIR STREET, BUILDING 3000 AUGUSTA, GA. 30901 CONSULTANT: AU MEDICAL ASSOCIATES AU HEALTH SYSTEM LEGAL OFFICE 1120 15th Street, SUITE BA-8255 AUGUSTA, GA. 30912 27. Right to Inspect Premises. Augusta may, at reasonable times, inspect the part of the plant, place of business, or work site of Consultant or any subcontractor of Consultant or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta. 28. Subcontract. The Consultant shall not subcontract any part of the work covered by this Contract or permit subcontracted work to be further subcontracted without Augusta’s prior written approval of the subcontractor. 29. Drug Free Workplace: Contractor will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of this contract. If Contractor has more than one employee, including Contractor, Contractor shall provide for such employee(s) a drug-free workplace program, in accordance with the Georgia Drug-free Workplace Act as provided in O.C.G.A. Section 50-24-1 et seq., throughout the duration of this Contract. 30. Non-Discrimination. During the performance of this contract, the Contractor shall comply with all federal and state non-discrimination laws, regulations and policies in the administration of this contract. In the event of the Contractor's non-compliance or refusal to comply with any non- discrimination law, regulation, or policy in the administration of this contract, this contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with Augusta. The Contractor shall, however, be given a reasonable time in which to correct any non-compliance. 31. Local Sma11 Business Program. In accordance with Chapter 1OB of the Augusta, Ga. Code, Contractor expressly agrees to collect and maintain all records necessary for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE § 1-10-129(d)(7), for Page 10 of 11 all contracts where a local small business goal has been established, the contractor is required to provide local small business utilization reports. Contractor shall report to Augusta Georgia the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Director of minority and small business opportunities, and shall be submitted at such times as required by Augusta, Georgia. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from the contractor and/or collecting liquidated damages. 32. E-VERIFY: All Contractors and subcontractors entering into Contracts with Augusta, GA 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 each 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. 33. Governing Law; Jurisdiction and Venue; Attorneys' Fees. This Contract shall be governed by, and construed and enforced in accordance with, the laws of the State of Georgia (without regard to the conflicts or choice of law principles thereof). The parties irrevocably consent to the jurisdiction of the State of Georgia, and agree that the Superior Court of Richmond County, Georgia, shall be an appropriate and convenient place of venue to resolve any dispute with respect to this Contract. In the event either party commences any proceeding against the other party with respect to this Contract, the parties agree that neither party shall be entitled to recover attorneys' fees except as otherwise specifically provided for by law. 34. Construction of Contract. The parties acknowledge and agree that both parties substantially participated in negotiating the provisions of this Contract; and, therefore, the parties agree that this Contract shall not be construed more favorably toward one party than the other party as a result of one party primarily drafting the Contract. The section and other headings in this Contract are for convenience of reference only and shall not be construed, expressly or by implication, so as to affect the meaning or interpretation of any of the provisions hereof. This Section and other headings in this Contract are for convenience of reference only and shall not affect, expressly or by implication, the meaning Page 11 of 11 or interpretation of any of the provisions hereof. 35. Counterparts. This Contract may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. 36. Entire Contract. RFP # 18-154 A, and Vendor’s response to RFP #18-154 A, this Contract, including Attachments, represents the entire responsibilities and obligations between Augusta and Consultant and supersedes all prior negotiations, representations, and agreements, either written or oral. All subsequent Amendments, property executed, become part of this Contract by reference thereto. 37. Conflicting Provisions. In the event there are any conflicting provisions or requirements in the component parts of this Contract, the several Contract Documents shall take precedence in the following order: RFP # 18-154 A and Vendor’s response thereto Contract, including Attachments Amendments. IN WITNESS WHEREOF, Consultant and Augusta have duly executed and delivered this Contract. CONSULTANT: AU MEDICAL ASSOICATES ______________________ _______________ Printed name: date Title: (corporate seal) AUGUSTA, GEORGIA _______________________ ________________ Printed name: Hardie Davis, Jr. date Title: Mayor Attest: _______________________ Lena Bonner Title: Clerk of Commission Commission Meeting Agenda 6/5/2018 2:00 PM Contract for Medical Director Department:Fire Department Department:Fire Department Caption:Motion to approve a 2 year contract, with three (1) year renewals, with AU Medical Associates to provide for a Medical Director for the Augusta Fire Department in the amount of $39,000.00 per year and authorize the Mayor to sign the contract with Augusta University Medical Associates. RFP 18-154A (Approved by Public Safety Committee May 29, 2018) Background:The Augusta Fire Department EMS provides First Responder services that are both basic and advanced, as well as transport when the zone provider ambulance service is not available to transport. The Fire Department stabilizes the patient and prepares the patient for transport, and transport when necessary. The Medical Director sets protocols, authorizes treatment and transport. Analysis:Augusta Fire Department EMS, as First Responder, usually arrive first on the scene of a medical emergency and begin treating the injured. Quick response to injured patients is critical to their treatment and recovery. The department’s EMT and Paramedics may need direction and instructions on patient care and this is authorized by the contracted Medical Director. The Medical Director also is involved with setting EMS protocol, medical control and oversight and a medical liaison with the Augusta medical community, Financial Impact:$39,000.00 per year Alternatives:None Recommendation:Approve the Contract with Augusta University Medical Associates to provide for a Medical Director for the Augusta Fire Department in the amount of $39,000.00 per year and authorize the Mayor to sign the contract with Augusta University Medical Associates. Funds are Available in the Following Accounts: 274034110-5212999 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission AUGUSTA 9-1-1 CENTER Daniel R. Dunlap Director MEMORANDUM May 3, 2018 Geri Sams, Procurement Director Daniel R. Dunlap, 911 Direct ", /&t( Fire Dispatch Call Taking Protocol Sole Source Purchase Request Sanita Cheatham Assistant Director Date: To: From: Subject: Please accept this memorandum as sole source justification for purchasing fire dispatch call taking protocol equipment to be utilized at the 911 Center. Best practices for emergency call handling involve a scripted protocol system for 9l I personnel to follow, to consistently obtain information from individuals reporting emergency incidents. Additionally, scripted pre-arrival instructions allow the 911 staff to guide callers through potential lifesaving steps before responders arrive on the scene. Utilization of protocol systems provide established quality improvement procedures and reduces the exposure to liability. The 911 Center is currently using a 'homegrown' questionnaire system within the Computer Aided Dispatch (CAD) program. While the questionnaire system does provide questions for the 911 staffto ask, the system does not provide pre-arrival protocols or other lifesaving instructions for fire related emergencies. The lifesaving instructions include instructions if someone is trapped in a burning building, trapped in a confined space, trapped in a sinking vehicle or other fire related incidents. The current non- certified questionnaire system does not meet the needs of the 911 Center. This request is to purchase the Emergency Fire Dispatch protocol system through Priority Dispatch and to certifu all 9l I staffas Emergency Fire Dispatch. This purchase includes the flipchart protocol system, the software program, two training courses for staff certification, a quality assurance tool and support and maintenance. Currently, the 911 Center maintains the flipchart protocol system through Priority Dispatch for Emergency Medical Dispatch and all 911 staffare Emergency Medical Dispatch certified. Enclosed with this memorandum is a sole source letter from the vendor, which provides additional information. This purchase would allow standardization with our protocol systems, artd a future goal is to purchase Emergency Police Dispatch for the 9l I Center. To utilize a separate vendor, we would be required to enter into an additional maintenance agreement, we would be utilizing an additionaVdifferent protocol structure from the current utilized vendor, and the 911 Center would not have ft.{ifpr# A%H&yElan accredited status as a center ofexcellence. llPage Sole Source Justification (Reference Article 6, Procurement Source Selection Methods and Contract Awards, S 1-10-56 SOLE SOURCE PROCUREMENT Print'Form 1)6176 143.245.OO Initial all entries below that apply to the proposed purchase. Attach a memorandum containing complete justification and support documentation as directed in initialed entry. (More than one entry will apply to most sole source products/services requested). Vendor: Priority Dispatch Corporation E-Verify Number: Cornmodity: Fire Dispatch Call Protocols & Sftwre Estimated annual expenditure for the above commodity or service: Received Admini$ratele€flice [1AY 0 4 2018 AUBusla' GA Department Head Signature: Approval Authority: Administrato, ann.ouut r@) not required COMMENTSf\ AKen{ir<J U-onru i. SoLE SoURCE REQUEST IS FoR THE oRIGINAL MANUFACTURER oR PRoVIDER, THERE ARE NO REGIONAL DISTRIBUTORS. (Attach the manufacturer's written certification that no regional distributors exist. ltem no. 4 also must be completed.) 2. SOLE SoURCE REQUEST IS FoR oNLY THE AUGUSTA GEoRGIA AREA DISTRIBUTOR OF THE OzuGINAL MANUFACTURER OR PROVIDER. (Attach the manufacturer's - not the distributslr5 - written certification that identifies all regional distributors. Item no. 4 also must be completed.) 3, THE PARTSiEQUIPMENT ARE NoT INTERCHANGEABLE wITH SIMILAR PARTS oF ANOTHER MANUFACTURER. (Explain in separate memorandum.) 4. THIS IS THE ONLY KNowN ITEM oR SERVICE THAT WILL MEET THE SPECIALIZED iH3;"?ilTiT"ff IIH[:il1"n:.'.X""]ffi :i,#i*qB%r{YYfii9t{A"ach 5. THE PARTS/EQUIPMENT ARE REQUIRED FRoM THIS SoURCE To PERMIT STANDARDIZATION. (Attach memorandum describing basis for standardization request.) 6. NONE OF THE ABOVE APPLY. A DETAILED EXPLANATIoN AND JUSTIFICATIoN FOR THIS SOLE SOURCE REQUEST IS CONTAINED IN ATTACHED MEMORANDUM. DRD The undersigned requests that competitive procurement be waived and that the vendor identified as the supplier of the service or material described in this sole source justification be authorized as a sole source for the service or material. Name:Daniel R. D 911 Date: 5/3/2018 Date: s/s/ai ion *fpo Rev.09/10/12 110 Regent Street, Suite 500 Agency:Augusta 911 Center Salt Lake City, UT 84111 Agency ID#:4809 USA Quote #: www.prioritydispatch.net Date: Prepared By: Tim Martin Offer Valid Through: Q-13797 4/27/2018 8/1/2018 Phone: (800) 363-9127 Payment Terms Net 30 Email: tim.martin@prioritydispatch.net Currency:USD Bill To:Ship To: Augusta 911 Center Augusta 911 Center Daniel Dunlap Daniel Dunlap 911 4th Street 911 4th Street Augusta, Georgia 30911 Augusta, Georgia 30901 United States United States Line Product Name Qty Unit Price Amount 1 ProQA Fire Software Licenses Automated calltaking software 15 3,750.00 56,250.00 2 XLerator Client Server Suite Client server software application suite 1 2,500.00 2,500.00 3 AQUA Case Review Software for EFD Quality Assurance (case review) software base engine and discipline module 1 1,500.00 1,500.00 4 Software Installation and Configuration On-site technical assistance for software installation and configuration for IT personnel 1 1,500.00 1,500.00 5 FPDS Backup Cardset License Licensed manual protocol set for backup 15 495.00 7,425.00 6 FPDS Quality Assurance Guide Quality Assurance Guide for training and case review only 4 45.00 180.00 7 Protocol Training and Certification for EFD (Host) Materials, tuition and certification 50 340.00 17,000.00 8 ProQA Software Training for EFD (two 4 hour courses) 8 hours of training (a maximum of 2 sessions a day for a total of 8 hours) 2 1,500.00 3,000.00 9 AQUA Software Training 8-hour course 1 1,500.00 1,500.00 10 ProQA & AQUA Reports Training (4 hours) for administrators, managers and supervisors on ProQA and AQUA reporting functions 1 1,500.00 1,500.00 11 Implementation Support Package for EFD Implementation support and quality management program development 1 30,000.00 20,000.00 12 National Q Service - 90/90 (EFD) Expert case review, mentoring and reporting for first 90 days after system Go Live. Next 90 days will include QA system oversight and support for your Quality Improvement Unit. Renewable option available 1 9,100.00 9,100.00 13 Trip Charge/Travel Expenses Travel expense 1 1,500.00 1,500.00 14 IAED Accreditation Application Fee EFD IAED fee for accreditation 1 2,250.00 2,250.00 "To lead the creation of meaningful change in public safety and health." Page 1 of 2 Line Product Name Qty Unit Price Amount 15 ProQA ESP (P) F License Renewal, Service & Support 1 18,000.00 18,000.00 16 Shipping & Handling 1 40.00 40.00 Discount USD -10,000.00 Subtotal USD 153,245.00 Estimated Tax Total USD 143,245.00 Customer Signature:Date: Customer Name:Purchase Order ID: Credit Card #:Expiration Date: TERMS AND CONDITIONS This quote is valid for 120 days from date of issue. All prices quoted are exclusive of any applicable taxes, duties, or government assessments relating to this transaction, which are the sole obligation of Buyer. For further information see https://prioritydispatch.net/license-agreement/ "To lead the creation of meaningful change in public safety and health." Page 2 of 2 Commission Meeting Agenda 6/5/2018 2:00 PM Emergency Fire Dispatch Protocol System Purchase Department:911 Department:911 Caption:Motion to approve the purchase of Emergency Fire Dispatch protocol system for the 911 Center. (Approved by Public Safety Committee May 29, 2018) Background:Best practices for emergency call handling involve a scripted protocol system for 911 personnel to follow, to consistently obtain information from individuals reporting emergency incidents. Additionally, scripted pre-arrival instructions allow the 911 staff to guide callers through potential lifesaving steps before responders arrive on the scene. Utilization of protocol systems provide established quality improvement procedures and reduces the exposure to liability. The 911 Center is currently using a ‘homegrown’ questionnaire system within the Computer Aided Dispatch (CAD) program. While the questionnaire system does provide questions for the 911 staff to ask, the system does not provide pre-arrival protocols or other lifesaving instructions for fire related emergencies. The lifesaving instructions include instructions if someone is trapped in a burning building, trapped in a confined space, trapped in a sinking vehicle or other fire related incidents. The current non- certified questionnaire system does not meet the needs of the 911 Center. Analysis:This purchase will provide the 911 Center staff with the necessary tools to ensure consistent and quality call taking is performed for emergency calls involving fire department responses. Financial Impact:$143,245.00 Alternatives:None Recommendation:Approve the purchase of the Emergency Fire Dispatch Protocol system. Funds are Available in the Following Accounts: This purchase would utilize available fund balance in Fund 215 and the purchase is an approved allowable expenditure for 911 Funds. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission ORDINANCE NO. -I555 AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE TITLE FOUR, CHAPTER ONE, ARTICLE TWO, SECTION 4-1-7 RELATED TO BY.LAWS OF THE ANIMAL SERVICES ADVISORY BOARD; AND SECTION 4-l-39 RELATED To REGISTRATION REQUIREMENT; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR THE OTHER PURPOSES PROVIDED IIEREIN. WHEREAS, it is the desire of the Board of Commission to update and irnprove the Animal Services provisions of the Coor applicable to the community; and WHEREAS, the provisions of the animal control ordinances have been revised at various times to meet the needs of the growing population of Augusta, Georgia; and WHEREAS, at the request of the Animal Services Staff the Commission has been asked to again revise these ordinances to address a recent change in state law; and WHEREAS, these regulations are hereby adopted to advance the fundamental goal of protecting the health, safety and welfare of the citizens of Augusta, Georgia, and to further legitimate government interests. THE AUGUSTA, GEORGIA COMMISSION ordains as follows: SECTION l. Aucusrn, Ce. Cooe Section 4-l-7, Article II, il (XX) as set forth in the Augusta, Ga. Code, adopted February 16, 2016, is hereby amended by striking this section in its entirety and inserting in lieu thereof new Code Section 4-l-7. as set forth in "Exhibit A" hereto. SECTTON 2. AucusrA, GR. Cooe Section 4-1-39 as set forth in the Augusta, Ga. Code, adopted February 16,2016, is hereby amended by striking this section in its entirety and inserting in lieu thereof new Code Section 4-l-39, as set forth in "Exhibit B" hereto. SECTION 3. This ordinance shall become effective on January 1,2017 in accordance with applicable laws. SECTION 4. AII ordinances or parts of ordinances in conflict herewith are hereby repealed. ,201b- @,,.,As its Mayor ---?t- - ' Seag.")\ of:'j".i :-- r . i:"-. 'k ;.1 ; ''Yr." n-*, ":i .,,,' ,-uo& -cot''.'r*'' "'" *'\r-ffg;1^1$,'.c CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ,2017 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned fuither certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. First Readine {reCer"r\ogr [*, ZjC\ \.0 Second Reading .o ec C.=-.vr'er .2'O, Z-D\[r EXHIBIT A Strike: AJUTICLE+ W te the fiallewing prineiple that rlnimalserviee&is s publie saf€ty ageney, anee ttre animet @ @ ;r Animal S€rvi6€s, AEITCtB-II I{EI{BENSHIP of ttre,\S B shettbe n is*re+ @issiene* ie M bers mey resign,by $rknitti r the Direetor ef ^fiimdissi€* eeUSe' iet* reIRA4AN eenseeutive terms: editien ef Roberts Rules ef erder; uriless etherv/ise direeted by.the mqierit,' ef the AS,{B in-session-"t+he,{ifie befere-the-aSAe W i.+e+e+nn* irman-er have &e same eewers arg d iman vete, e , Upen the resignetien er CisqHelifieatien of th€ ehairman; the Viee Ghe:rman shall assnme imapis elee*e* U{--._SEGRE-$ARY ine M Geergia; ttreugh its Advisory Peard ffnst -est the tinrc; plaee; snd date ef the meet'ing fere+ least in a newspafr \yith equ ffi*s+ be pr€yid€d to th€ in& the the meeting erd the reasen %r meeting rvitl' less than (24) heursnotirge+ ttbn tephonsr fffi ore mailte +n fte eeunty when sueh mCia eutlet ha^ maCe written request fer ^ueh'not:ee within tho previeus issiea rV, ETECTIONS i*ee V. TERMS EF APPOhITMENT 'ocGA $so-14-t(dX3). Paeh nSng member frern the vISAB by the appeintirlg-autherity; with er rvitheut eeusg et any time, For all rnembers ission' VI. €ENFT ICT EF TI.,ITEREST MEN,iEERS exi W lag ie*ie* VIII. STAFF I TAISEN in ieemiscie* IX, VETING Statement ef Petential eenf iet ef lrterest ferrn, 2 ocGA gg 5o-t4-l et seq. ;€n+he4SAe "heEld a rnember fail te et{erC three (3) eerseeutive regular meefrigs ef *re ^Sin, and shoCd ;***r*rt"r" ity-vore of rh6 ASAB, x{=--€{JeR{JI4 are{e$e+rea+e& XI{_AEEI+ICS I@l*beeordueted aeeerdir€r le-the latest versien ef Reberts Rules ef erder, exeept as tsery tnt plaeerprevrded-the loeette*rs snoetfi€d tn a tne$of+h; rreptar such€eh€duled-fi€etinp an, rlt least forty eight -ensibility ef neti&ing the Clerk ef XIV: CANCEI TATI 3 OCGA g{i50-14-t er seq. Aegutarlys€hedrrlC me ine W ie' imeffi+ine in'F sf the publie may strbm ime ilfian= isieai mee* 4 OCGA $50-14-l(e).s occA g 5o-1a-r(c). 6 OCGA $ 50-la-l(eX2) agen€}+ The rninu iniffir* rptien ef eaeh metien er ether eh merten, It sh&lt b vetirt eBainst tlre prepesal er abstainirE, Fer reetirgs wi*r less *ran ("4) l-eurs netiee, the + Direet€fr{o; reeemmenda+iens= ether seurees; in aeeerdanee rvith the Geergia epen Reeerds rlet- and Geergia Open @i€n ents' loN, issim M ess bY lswt shatt fir$ etreetivq Replace With: Sec. 4-l-7. .A.nimal Services Advisnrv Roqrd Rw-r.qwc ABIJCU*I PURPOSE ANp ROLE SECUON t. t'ne enl aaUse tUe citv of l services tttmuqh recommen Services nirecpr does not to the fo[owine princ SECTION 2. The ASAB sEnrieeftAueusla-Aeorgia. SBCTtON:. me eSeg SnCftON +. fte eSeB i"q sources to sratu sustain-anisafsglriqas.orcgtams. SECIIQNi rhe ases shail.tak lnserylne.to enhancq Au iees ABIICLT.I MEMBEBSHII SECION t. fne aSes t'V tne commission, members of the aSAB s t.Oistrict Z. Ois istris]t t O. fa* memUer of tlle aS tle aistrict of tne SfCftON Z. tn aaOit Cou"tv aehealio eggsissia& In tne event tne aoooint tne Consojidation l l0 s-e ims,3ASABlonSisIius of six (6) ormore members noaycxcreisqall_pawc$_Clslesated to th; ASAB until tne vacancies are nlm SqCnON +. earm 4DDQitrtiI!9 authoritv. convinp the Chairrnan of the Advisorv Roard. the Director of Animal Services.,ana rhe issiae SeCftOU S. frc SEeTION 6. Mqmbers o[the aSeStg- hqs e."tr"d *d conC""-irqi"r"r r""** ABIrcI.D.III MTSCELANTOIJS PRO sECnON t. CHATRMAN from amcne its members for a one (DJgaIlerm-IhE t"rm rt "U *, frr* l""ra serve as sucn for n0 mo e frc Cnannan shatt o B. fhe Chairrnan shgq d c $ttiqr of R"be"$ R in$$Siort-ailhElims. C fhe Cnairman $att ap ka_E_aoy_$a$arubercheAs_A& SECTION 2, VICE- its memUers in tfre same ma a one {lt r"ar t""n.m rearJheylqg{haieaslhall ."re no,nor" rh. A me Vice-Cnainnln stra *Ue. ttrrt om""r t "s B. The Vice-Chairman shall have the risht to vore 1r C. SECTION3. SECRETARY e. TUe Secr*arv of tUe eSA inetuOins overseeing the, announcements. di stribu assudns that ASAB r meOia outlet. a coo mait ttroush a setf-ad C. for;ce of,VeciatZfruerrc than fZ+t hqurs noti meetine. ths subiect g{ith tess than (zathp , Notice must be orovi newspaper wilh srearc oroviAea Uv tetentone. A Uusiness ana nnvsic written reouest for su eOvlsorv goard shatl spesiat called meEinq SFCTION 4. ELECT nbction otthe eSeg offi electeO omcers tat member musl have served on the ASAB for at least one /l ) c.alendar venr B. ' ocGA $s0-14-l(dx3). 12 SECTION 5. TERMS OE AP Bacn aSen memUer slatl aom the eSAg bv the app aupointins Commissione ir succasgaffirffDpainted and ouali such is orovided for bv the Auzusta. Georqia Commission. SECTrON 6. CONFLTC tn conneqti_o! with an disclose the existence of the conflict and be eiven the oooortunitv to disclose all qlaterial facts to theaFeg. Atanvtimeft or oner vested Jftteres existence of *at inte of tne connict of in SECTION 7. RESIGNA eavisorv goard mem iag authoritv. coovinp the Chairman of the .A.dvisorv Board and the Clerk nf Cnrnrniscion SECTION 8. STAFF LIAISON fhe eueusta {nima Oirector. .r aeden ranscriUine the minu ires memUers. fne animat S Corrunission ana ttle in accordance lgrth the Cm Services peoartm imgnasersisssissia& SECTION q. VOTTNC L fach Committee member. qomndttee membe( .shalt ab committee Jnemt'er snal $tatement of Potent 2 OCGA {ig 5o-14-l et seq. l3 B. @sentee is orohibirod, SECTION IO. ATTFNDANCF AI_AdEEI]TNGS AND RFMOVAL OF'MtrMFFRS rrnance of $e d!r!t"s *"rtr"d rf * lhoul=d a memher fail to aaend three (3t consecutive repu there ne,." aAe"rat" gry Der.snp frqm membership.and.shall recommend to the aoooint,ra tnrt tt " rr", gsgltilutes "adeouate excuse" shall be determined hv a maioritv voti oTGE ASIE.- SECTION r r. OUORUM e ouorum of the aSag s isarygoard. For purposes o qggrumjxjs[SJaegffigial&eglirur can take nlace: no official action can take nlace:jffLtrq&inrlts arglojc-arsalcd SECTION I2. MEETINGS MeeF$sp wilt be cond @ifiedlL.thesc-bv-larys. Resula' Meetinss: Requlat qgetinss of them Eoar.a snaU Ue neru on Servi""s Ogqartrt"nt. a t fiptacE provided the to me"tinq ""c\r"s "n a lgt mev sq! an atternate a o$4fvinE thq Clerk of C?mmission and others orthe diie ASaP u. fequir'*d br. eirgr"n Me"tinsiAsl. rlla ouom -egtt"e of the Co tt such scheduled meefi ip.=ftat meettnss of t (a9) h@ olu"e.of soeqiat m;" 4San ara tlr" Secretarv. C".mi..ion "rA rtlt. A"t 3 ocGA gg 5o-t4-t et seq. t4 SECTION '4. CANCEL nequtarlv scheduled m nSeg to consider. The board members not less than twentv-four (24) hours nrior to fhe time set for rhe trreet.ino SFCTION '5. ADJOURNE Snoum tne Uusiness * same from aav:to-aav SECTION I6. OPEN MEE Vntess pgerwise aet Once an ooen meetin orlresented_!0- ths ASAB durins.Jhe condu proceedinss of an o iEg sfrhsssheduled-meclin& tvtemUers of the aub! nuftic ana mav at ft lng, Commsnts wilt be limi orat n*trscommentdu comment fi'om the puhli of the nublic mav submit written statements 1o the ,ASAB ai anv firne SECTrON rT. ACENpA a. fhe aeenda for each qlep n. en aqenda of all matte reouest ana must Ue oq two weeks orior to tnp { If a pal-ticular issw { ocGA g5o-la-l(e). l5 MemUers of the publ visual and sound re itgs e wdtten surnrnarv of t ine must be oreoared and made 6_ldiugtgs of the me*ine must b as omcial such approval must elauinimum. contain ft of each motion or o ign" anO a record ofalt vot sha[ be oresumed that tUe mlnutes rengct t meetines with les iyen and the reason for the emersencv meetins- SECTION IS. STAFFIN assistance snaU U animat Services Oeoar informalion submitte Snecincanv.it sn Director. to: a. Uake availaUle. in recommendations. C. Serve,=as a liaison bet SECTION 19. NOTICE fhe enimat Segvic ing_tq matters of ouUtic SECTION 20. AMENDM r ocGA g 5o-la-l(c). 6 ocGA g so-la-l(e)(2) C, D. B. 16 aU amendnsnts. mod Sa&fsthese bv-laws shalffi receive an amnnative rc moaincations. or c Commlssioners before b iye. t7 EXHIBIT B Strike: lirerc*r BralacelUith. Sec. 4-l -39- Reqisfrqfinn llerrrriromanf l. anvoerson ownine. krw or otOer within the l Auzusta animat Seryi icense_tag" fo oUtain a resistm vaccination ana nroof 2. Pursuanr to OCCA [ 4: CtuU of Unitea fenn nonsnonlnq hree ingill tne State of Ceors season to aia an inOl of the household has Uassinea as a tuntl resistration. tlcenq owners of aoss which dgllhg-ahilitv of local sovernments tp deal lvith vicious does. abandoned doqs. or strav doss. l8 Augusta Animal Services 2017 Annual Report ENFORCEMENT OPERATIONS A. COMPLAINTS 1. Total Number of Complaints Investigated 8852 B. BITE CASES INVESTIGATED 1. Number of Bites Investigated 229 C. BARKING DOG VIOLATIONS 1. Number of Complaints Investigated 95 D. CRUELTY VIOLATIONS 1. Number of Complaints Investigated 509 E. LEASH LAW VIOLATATIONS 1. Number of Complaints Investigated 80 F. RABIES VACCINATION VIOLATIONS 1. Number of Complaints Investigated 68 G. REGISTRATION VIOLATIONS 1. Number of Complaints Investigated 231 H. TETHERING VIOLATIONS 1. Number of Complaints Investigated 217 I. ANIMALS CAUGHT in TRAPS 718 J. CARCASS REMOVAL 1. Number of Dead Animals Picked Up 631 KENNEL OPERATIONS A. ADMISSIONS 1. Total Number of Admissions to Shelter 5705 a. Cats 2215 b. Dogs 3207 c. Other Animals 282 B. DISPOSITIONS 1. Total Number of Animals Returned to Owners 344 a. Cats Reclaimed by Owner 19 b. Dogs Reclaimed by Owner 323 c. Other Animals Reclaimed by Owner 2 2. Number of Animals Adopted 1400 a. Cats/kittens Adopted 305 b. Dogs/puppies Adopted 1069 c. Other Animals Adopted 26 3. Animals Transferred 377 4. Animals Euthanized 3037 5. Other Dispositions 160 a. Number of Escape 12 b. Number of Animals Relocated 148 C. ANIMAL REGISTRATION 1. Total Number of Animals Registered 5439 a. Spayed/Neutered @ No fee 4688 b. Unaltered @ $10.00 fee 751 ADMINISTRATIVE SERVICES 1. Grant Amounts Received a. Maddie’s Fund $5000.00 b. Best Friends $1000.00 2. Court Fines $18,612.50 i. Leash Law Violations $10,103.75 ii. Cruelty Law $1875.00 iii. Rabies Law Violations $6633.75 3. Total Revenue Generated $120,765.98 a. Spay/Neuter Surgeries $36,594.52 b. Rabies Fees $22,726.50 c. Reclaim Fees i. Impound $9337.50 ii. Quarantine/Bite Case $6019.50 iii. Board Fees $5200.00 d. Adoption Fees $14,610.00 e. Registration Fees $9240.00 f. Donations Received $2715.48 g. Pickup/Relinquished Fees $2700.00 h. Euthanasia Request $2400.00 i. Court Fees $1808.00 j. Pickup Dead Fees $800.00 k. Microchip $195.00 l. Rescue Cattle/Adoption $175.00 m. Miscellaneous Vet Fees $70.00 n. Miscellaneous Fees $6174.48 ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE TITLE FOUR, CHAPTER ONE, ARTICLE TWO, SECTION 4-1-43 RELATED TO ANIMAL SERVICES FEES AND FINES; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR THE OTHER PURPOSES PROVIDED HEREIN. WHEREAS, it is the desire of the Commission to update the Animal Services provisions of the Code applicable to fees and fines so as to clarify what such fees are to be designated for. THE AUGUSTA, GEORGIA COMMISSION ordains as follows: SECTION 1. Augusta, GA. Code Section 4-1-43 as set forth in Augusta, Georgia, adopted February 16, 2016, is hereby repealed as set forth in “Exhibit A” hereto. SECTION 2 Augusta, GA. Code Section 4-1-43 shall be newly created and adopted as Augusta, Georgia Code Section 4-1-43 as set forth in “Exhibit B” hereto. SECTION 4 This ordinance shall become effective upon adoption in accordance with applicable laws. SECTION 5 All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ____ day of ______________, 2018. __________________________ Hardie Davis, Jr. As its Mayor Attest: _______________________________ Lena J. Bonner, Clerk of Commission Seal: CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ____________________________, 2018 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). _______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: _______________________ EXHIBIT A Strike: Sec. 4-1-43 Fees and Fines. The fees with respect to all services and licensing performed in connection with enforcement of this chapter shall be set by the Augusta Board of Commissioners from time to time. A copy of such fee schedule shall be posted at the Augusta Animal Services Department and may be changed at any time and from time to time as determined by the Commission. (a) The fees established and collected under this chapter and pursuant to the State Dangerous Dog Control Law are not penalties but are imposed for the sole purpose of defraying expenses born by the county for animal control and welfare under this chapter and are subject to change at any time. (b) The personnel of the animal services department shall not return to the owner any animal impounded until such time as the owner has paid fees and charges assessed, and the owner has provide proof of current vaccination for rabies and licensing, before returning the animal to owner. (c) For all other animals impounded other than dogs or cats, the owner or custodian shall be charged the base fees, plus actual expenses and an additional ten (10) percent of both the base fee and actual expenses. (d) Fees collected in connection with enforcement of this chapter shall be used to enhance the services provided by the Augusta Animal Services Department to include Public Education Programs, Spay, Neutering, and other related services. EXHIBIT B Replace With: Sec. 4-1-43 Fees and Fines. The fees with respect to all services and licensing performed in connection with enforcement of this chapter shall be set by the Augusta Board of Commissioners from time to time. A copy of such fee schedule shall be posted at the Augusta Animal Services Department and may be changed at any time and from time to time as determined by the Commission. (a) The fees established and collected under this chapter and pursuant to the State Dangerous Dog Control Law are not penalties but are imposed for the purpose of defraying expenses born by Augusta, Georgia for animal control and welfare under this chapter and are subject to change at any time. (b) The personnel of the animal services department shall not return to the owner any animal impounded until such time as the owner has paid fees and charges assessed, and the owner has provided proof of current vaccination for rabies and licensing, before return the animal to owner. (c) For all other animals impounded other than dogs or cats, the owner or custodian shall be charged the base fees, plus actual expenses and an additional ten (10) percent of both the base fee and actual expenses. (d) Registration/licensing fees collected in connection with enforcement of this chapter shall be used to enhance the services provided by the Augusta Animal Services Department to include Public Education Programs, Spay, Neutering, and other related services. Commission Meeting Agenda 6/5/2018 2:00 PM Animal Services Ordinance Department: Department: Caption:An update and full accounting of the licensing fees authorized under the Animal Services Ordinance effective 1 January 2016. Please advise how the fees are funded back into animal services. (No recommendation from Public Safety Committee with a review from the Law Department May 29, 2018) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: A RESOLUTION OF AUGUSTA, GEORGIA AUTHORIZING, INTER ALIA, THE EXECUTION OF A FIRST AMENDMENT TO AGREEMENT OF SALE RELATING TO THE ISSUANCE OF URBAN REDEVELOPMENT AUTHORITY OF AUGUSTA REVENUE BOND (PARKING GARAGE EXPANSION PROJECT), FEDERALLY TAXABLE SERIES 2018 WHEREAS, the Augusta-Richmond County Commission (the “Commission”), which is the governing body of Augusta, Georgia (the “Consolidated Government”), in order to exercise the powers conferred upon the Consolidated Government by Chapter 61 of Title 36 of the Official Code of Georgia Annotated, entitled the “Urban Redevelopment Law,” as amended (the “Urban Redevelopment Law”), adopted a resolution on March 16, 2010, finding that one or more slum areas exists in Augusta, Georgia and that the rehabilitation, conservation, or redevelopment, or a combination thereof, of such area or areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of Augusta, Georgia; and WHEREAS, an Act of the General Assembly of the State of Georgia, which became effective on July 1, 2015, amended the Urban Redevelopment Law to substitute the terms “pocket of blight” and “pocket of blight clearance and redevelopment,” for the terms “slum area” and “slum clearance and redevelopment,” although the meanings assigned to such terms were not amended; and WHEREAS, the Commission, by resolution adopted on June 12, 2017, designated the area covered by the hereinafter described urban redevelopment plan as a “pocket of blight” that the Commission designated as appropriate for urban redevelopment projects; and WHEREAS, the Commission held a public hearing on June 20, 2017 on a proposed urban redevelopment plan entitled “Augusta Cyber Initiative Urban Redevelopment Plan” (the “Plan”), a copy of which is on file with the Consolidated Government; and WHEREAS, public notice of such public hearing was published in The Augusta Chronicle, a newspaper having a general circulation in the area of operation of the Consolidated Government, and proof of such publication is on file with the Consolidated Government; and WHEREAS, the Commission, by resolution adopted on June 20, 2017, approved the Plan and the urban redevelopment project set forth therein; and WHEREAS, the Urban Redevelopment Agency of Augusta (the “Agency”) is a public body corporate and politic duly created and validly existing under and pursuant to the Urban Redevelopment Law; and WHEREAS, the Consolidated Government, by resolution adopted on April 1, 2010, activated the Agency and elected to have the Agency exercise the Consolidated Government’s “urban redevelopment project powers” under the Urban Redevelopment Law, and the Agency’s commissioners have been appointed as provided in the Urban Redevelopment Law and are currently acting in that capacity; and WHEREAS, the Urban Redevelopment Law authorizes the Consolidated Government to appropriate such funds and make such expenditures as may be necessary to carry out the purposes of the Urban Redevelopment Law and to levy taxes and assessments for such purposes; and WHEREAS, Article IX, Section III, Paragraph I(a) of the Constitution of the State of Georgia authorizes, among other things, any county, municipality or other political subdivision of the State to contract, 2 for a period not exceeding fifty years, with another county, municipality or political subdivision or with any other public agency, public corporation or public authority for joint services, for the provision of services, or for the provision or separate use of facilities or equipment, provided that such contract deals with activities, services or facilities which the contracting parties are authorized by law to undertake or to provide; and WHEREAS, in furtherance of the purposes for which it was created, the Agency pursuant to a Bond Resolution adopted on June 21, 2017, as supplemented on July 11, 2017 (the “Original Bond Resolution”) has previously issued $12,000,000 in aggregate principal amount of its “Urban Redevelopment Agency of Augusta Revenue Bonds (Parking Garage Project), Series 2017” (the “Series 2017 Bonds”), in order to finance the costs of acquiring, constructing and installing an urban redevelopment project constituting an approximate 575-space three-story parking facility to be located on a portion of the property commonly known as the Golf Hall of Fame and Gardens, which is in the area covered by the Plan, all as more particularly described in the Plan (the “Parking Garage”) and to finance related costs; and WHEREAS, in consideration of the issuance of the Series 2017 Bonds, the Agency and the Consolidated Government entered into an Agreement of Sale, dated as of July 1, 2017 (the “Original Contract”), pursuant to which the Agency agreed, among other things, to issue the Series 2017 Bonds to finance the costs of the Parking Garage and to cause the acquisition, construction and installation of the Parking Garage; and in consideration therefor, the Consolidated Government agreed, among other things, (a) to acquire the Parking Garage and to make installment payments of purchase price to the Agency in amounts sufficient to enable the Agency to pay, when due, the principal of, redemption premium, if any, and interest on the Series 2017 Bonds and other amounts due under the Contract and (b) to levy an annual ad valorem tax on all taxable property located within the territorial limits of the Consolidated Government, at such rate or rates, within the mill limit prescribed by an amendment to Article VII, Section I, Paragraph II of the Constitution of the State of Georgia of 1945 (1980 Ga. Laws 2177 to 2180, inclusive), now specifically continued as a part of the Constitution of the State of Georgia of 1983 pursuant to an Act of the General Assembly of the State of Georgia (1983 Ga. Laws 3870 to 3872, inclusive) (the “Constitutional Amendment”), or within such greater millage as may hereafter be prescribed by applicable law, as may be necessary to produce in each year revenues that are sufficient to fulfill the Consolidated Government’s obligations under the Original Contract; and WHEREAS, it has been determined by the Agency that two floors be added to the Parking Garage in order to fulfill the intent and purposes of the Parking Garage as an urban redevelopment project under the Plan, including the support of additional private investment in the area surrounding the Parking Garage; and WHEREAS, the Agency and the Consolidated Government desire to acquire, construct, install and equip an additional two floors to the Parking Garage financed with the proceeds of the Series 2017 Bonds (the “2018 Completion Project” and together with the Parking Garage, the “Project”) to fulfill the intent and purposes of the Plan, and to finance the 2018 Completion Project through the issuance of taxable bonds secured on a parity with the Series 2017 Bonds by payments made by the Consolidated Government under the Original Contract, and the Original Contract is required to be amended to complete such financing to provide for the issuance of such completion bonds and to expand the payments to be made under the Original Contract to support the payment of the completion bonds; and WHEREAS, for purposes of clarifying the Project as described in the Plan, the Consolidated Government desires to modify the Plan to reflect the expansion of the Parking Garage in accordance with the First Modification to Augusta Cyber Initiative Urban Redevelopment Plan attached hereto as Exhibit B (the “Plan Modification”); and 3 WHEREAS, the Original Bond Resolution provides that the Original Contract may be amended without the consent of bondholders (i) as may be required by the Original Bond Resolution or the Original Contract or (ii) in connection with any other change therein, which in the judgement of the Consolidated Government, is not contrary to or inconsistent with the Original Contract and is not to the prejudice of the bondholders; and WHEREAS, in furtherance of the purposes for which it was created, the Agency pursuant to a Bond Resolution adopted on May 8, 2018 (the “Supplemental Bond Resolution”), has authorized the amendment of the Original Bond Resolution to authorize the issuance of additional completion bonds, including the issuance of not to exceed $4,300,000 in principal amount of its “Urban Redevelopment Agency of Augusta Revenue Bond (Parking Garage Expansion Project), Federally Taxable Series 2018” (the “Series 2018 Bond”), in order to finance the 2018 Completion Project, which constitutes part of the urban redevelopment project funded by the Series 2017 Bonds under the Plan, and to finance related costs; and WHEREAS, pursuant to the Supplemental Bond Resolution, the Agency approved that certain First Amendment to Agreement of Sale, to be dated as of June 1, 2018 (the “First Amendment” and together with the Original Contract, the “Contract”), between the Agency and the Consolidated Government pursuant to which the Agency will agree to issue the Series 2018 Bond to finance the costs of the 2018 Completion Project and to cause the acquisition, construction, installation and equipping of the 2018 Completion Project and the Consolidated Government will agree among other things, (a) to acquire the Project and to make installment payments of purchase price to the Agency in amounts sufficient to enable the Agency to pay, when due, the principal of, redemption premium, if any, and interest on the Series 2017 Bonds, the Series 2018 Bond and any other additional completion bonds and other amounts due under the Contract and (b) to levy an annual ad valorem tax on all taxable property located within the territorial limits of the Consolidated Government, at such rate or rates, within the mill limit prescribed by the Constitutional Amendment or within such greater millage as may hereafter be prescribed by applicable law, as may be necessary to produce in each year revenues that are sufficient to fulfill the Consolidated Government’s obligations under the Contract; and WHEREAS, pursuant to the Supplemental Bond Resolution, the Agency authorized the marketing and private placement of the Series 2018 Bond resulting from a competitive sale through a request for proposal from financial institutions; and NOW, THEREFORE, BE IT RESOLVED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION, as follows: Section 1. Authorization of First Amendment and Other Financing Documents; Findings. The terms and conditions and the execution, delivery and performance of the First Amendment, which has been filed with the Consolidated Government, are and the same are hereby approved and authorized. The First Amendment shall be in substantially the form attached hereto as Exhibit A, subject to such changes, corrections or omissions as may be approved by the Mayor of the Consolidated Government, and the execution of the First Amendment by the Mayor and Clerk of Commission of the Consolidated Government as hereby authorized shall be conclusive evidence of any such approval. The Mayor and Clerk of Commission of the Consolidated Government are authorized and directed to deliver the First Amendment on behalf of the Consolidated Government to the other parties thereto, and to execute and deliver all such other contracts, instruments, documents, affidavits, or certificates and to do and perform all such things and acts as each shall deem necessary or appropriate in furtherance of the issuance of the Series 2018 Bond and the carrying out of the transactions authorized by this Resolution or contemplated by the instruments and documents referred to in this Resolution. The Commission hereby authorizes and approves the 2018 Completion Project. The Commission finds that the 2018 Completion Project is necessary and desirable in order to fulfill the intent and purposes of the Parking Garage as an urban redevelopment project under the Plan, including the support of 4 additional private investment in the area surrounding the Parking Garage. The Commission further finds that the amendment of the Original Contract by the First Amendment (a) is not inconsistent with the purpose of the Original Contract because the purpose of the Original Contract was to support the funding of the Parking Garage as an urban redevelopment project under the Plan, and the First Amendment permits the Parking Garage to be completed and fulfill such purposes under the Plan and (b) is not adverse to the interests of the holders of the Series 2017 Bonds, as the First Amendment will comply with all the requirements necessary for the Consolidated Government to enter Additional Contracts (as defined in the Contract) supported by the full faith and credit of the Consolidated Government. Section 2. Authorization and Terms of Series 2018 Bond. The issuance of the Series 2018 Bond is hereby authorized. The principal amount of the Series 2018 Bond shall not exceed $4,300,000. The Series 2018 Bond may bear interest at an interest rate or rates not to exceed 5.00% per annum. The maximum annual debt service on the Series 2018 Bond in any Sinking Fund Year (October 2 of a calendar year through October 1 of the following calendar year) shall not exceed $1,220,000. The Series 2018 Bond shall mature on or before October 1, 2037. The exact terms of the Series 2018 Bond, including, but not limited to, the principal amount, final maturity date, interest rates and prepayment provisions, shall be set forth in a resolution supplementing the Supplemental Bond Resolution to be adopted by the Agency prior to the issuance of the Series 2018 Bond, which interest rates, principal amount, annual debt service in any Sinking Fund Year and final maturity date shall be within the parameters set forth in this Resolution. The Mayor and Clerk of the Commission acknowledge that they have received a copy of the Supplemental Bond Resolution, and hereby approve the terms and provisions thereof. Section 3. Approval of Competitive Sale. The sale of the Series 2018 Bond through a private placement resulting from a competitive sale and the request for proposals of financial institutions for such purpose are hereby authorized, approved, ratified and confirmed. Section 4. Approval of Plan Modification. The Commission hereby ratifies the Plan and the Plan Modification attached hereto as Exhibit B is hereby approved and authorized. Section 5. Validation of Series 2018 Bond. The Mayor and Clerk of the Commission are authorized to acknowledge and make answer in the validation proceeding relating to the Series 2018 Bond. Section 6. No Personal Liability. No stipulation, obligation or agreement herein contained or contained in the Contract or the other documents herein authorized shall be deemed to be a stipulation, obligation or agreement of any officer, director, agent or employee of the Consolidated Government in his individual capacity. Section 7. General Authority. From and after the execution and delivery of the documents hereinabove authorized, the proper officers, directors, agents and employees of the Consolidated Government are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of said documents as executed and are further authorized to take any and all further actions and execute and deliver any and all other documents and certificates as may be necessary or desirable in connection with the issuance of the Series 2018 Bond, the execution and delivery of the First Amendment and the other documents herein authorized and the carrying out of the transactions authorized by this Resolution. Section 8. Actions Approved and Confirmed. All acts and doings of the officers of the Consolidated Government which are in conformity with the purposes and intents of this Resolution and in the furtherance of the issuance of the Series 2018 Bond and the execution, delivery and performance of the First 5 Amendment and the other documents herein authorized shall be, and the same hereby are, in all respects approved and confirmed. Section 9. Severability of Invalid Provisions. If any one or more of the agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining agreements and provisions and shall in no way affect the validity of any of the other agreements and provisions hereof. Section 10. Repealing Clause. All resolutions or parts thereof of the Consolidated Government in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. Section 11. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 15th day of May, 2018. (SEAL) AUGUSTA, GEORGIA By: Mayor Attest: Clerk of Commission EXHIBIT A FORM OF THE FIRST AMENDMENT EXHIBIT B PLAN MODIFICATION CLERK OF COMMISSION’S CERTIFICATE I, LENA J. BONNER, the duly appointed, qualified, and acting Clerk of Commission of Augusta, Georgia (the “Consolidated Government”), DO HEREBY CERTIFY that the foregoing pages of typewritten matter constitute a true and correct copy of a resolution adopted on May 15, 2018, by the Augusta-Richmond County Commission (the “Commission”) in a meeting duly called and assembled in accordance with applicable laws and with the procedures of the Consolidated Government, by a vote of _____Yea and _____ Nay, which meeting was open to the public and at which a quorum was present and acting throughout, and that the original of the foregoing resolution appears of public record in the Minute Book of the Commission, which is in my custody and control. GIVEN under my hand and the seal of the Consolidated Government, this ____ day of May, 2018. (SEAL) Clerk of Commission ______________________________________________________________________________ FIRST AMENDMENT TO AGREEMENT OF SALE between URBAN REDEVELOPMENT AGENCY OF AUGUSTA and AUGUSTA, GEORGIA Dated as of June 1, 2018 ______________________________________________________________________________ FIRST AMENDMENT TO AGREEMENT OF SALE THIS FIRST AMENDMENT TO AGREEMENT OF SALE is dated as of June 1, 2018 (this “Amendment”) and is entered into by and between the URBAN REDEVELOPMENT AGENCY OF AUGUSTA (the “Seller”) and AUGUSTA, GEORGIA (the “Purchaser”). W I T N E S S E T H: WHEREAS, the Seller and the Purchaser executed an Agreement of Sale, dated as of July 1, 2017 (the “Original Contract”); and WHEREAS, the Seller and the Purchaser desire to amend the Original Contract. NOW THEREFORE, in consideration of the respective representations, agreements and contracts hereinafter contained, the Seller and the Purchaser agree as follows: 2 ARTICLE I DEFINITIONS AND OTHER PROVISIONS OF GENERAL APPLICATION Section 1.1. Ratification. Except as provided in this Section 1.1 and in Section 1.2 below, all terms and provisions of Article I of the Original Contract are hereby ratified and incorporated herein. The following terms in the Original Contract shall be replaced with the following: “Bonds” means the Series 2017 Bonds and any Additional Completion Bonds, including the Series 2018 Bond, and any bonds issued in substitution or exchange therefor. “Costs of the Project” means those costs and expenses in connection with the acquisition, construction, equipping, renovation and installation of the Project permitted by Section 4.02 hereof to be paid or reimbursed from proceeds of the Bonds. “Prior Contracts” means collectively, the Intergovernmental Contract, dated as of December 7, 2010, between the Solid Waste Management Authority of Augusta and the Consolidated Government; the Agreement of Sale, dated as of August 1, 2010, between the Augusta-Richmond County Coliseum Authority and the Consolidated Government; the Intergovernmental Service Agreement, dated as of August 1, 2010, between the Augusta-Richmond County Coliseum Authority and the Consolidated Government; the Intergovernmental Agreement, dated as of August 1, 2014, between the Issuer and the Consolidated Government; the Intergovernmental Service Agreement, dated as of September 15, 2015, between the Issuer and the Consolidated Government; and the Intergovernmental Redevelopment Agreement, dated as of May 1, 2018, between the Issuer and the Consolidated Government, as the same may be supplemented and amended from time to time in accordance with the provisions thereof. “Project” means an approximate 575-space three-story parking facility to be acquired, constructed and installed and to be located on a portion of the property commonly known as the Golf Hall of Fame and Gardens, which is the area covered by the Urban Redevelopment Plan, as more particularly described in the Urban Redevelopment Plan, as may be expanded through the issuance of Additional Completion Bonds, including the Series 2018 Bond issued to fund the 2018 Completion Project. “Underwriter” means, with respect to the Series 2017 Bonds, Piper Jaffray & Co. Section 1.2. Additional Terms. Capitalized terms used, but not defined herein, shall have the meanings assigned to them in the Series 2018 Supplemental Resolution (defined below). The following terms shall have the following meaning: “Bank” means ______________, the purchaser of the Series 2018 Bond. 3 “Series 2018 Bond” means the Agency’s Revenue Bond (Parking Garage Expansion Project), Series 2018, in a principal amount of $_________________ authorized to be issued pursuant to Article II of the Series 2018 Supplemental Bond Resolution. “Series 2018 Pricing Resolution” means the resolution approving the final terms of the Series 2018 Bond adopted by the Seller on June __, 2018. “Series 2018 Supplemental Bond Resolution” means the supplemental bond resolution adopted by the Seller on May __, 2018, as supplemented by the Series 2018 Pricing Resolution. “2018 Completion Project” means the acquisition, construction and installation of two additional floors to that portion of the Project financed with proceeds of the Series 2017 Bonds. 4 ARTICLE II REPRESENTATIONS AND UNDERTAKINGS Section 2.1. Ratification. Except as provided below, all terms and provisions of Article II of the Original Contract are hereby ratified. Section 2.2. Additional Terms. All references in Article II of the Original Contract to the Series 2017 Bonds shall include the Series 2018 Bond, provided that Section 2.01(j) and Section 2.02(i) are not applicable to the Series 2018 Bond. All references in Article II of the Original Contract to the Underwriter shall include the Bank. Section 2.3. Additional Representations by the Seller. The Seller has the power and authority to issue the Series 2018 Bond for the purpose of financing the 2018 Completion Project. Section 2.4. Additional Representations of the Purchaser. The Purchaser makes the following additional representations: (a) There has been no material adverse change in the financial positon of the Purchaser since December 31, 2016. (b) The Purchaser has obtained documentation evidencing that the conditions of the Prior Contracts have been satisfied, in order to permit the Seller and the Purchaser to enter into this Amendment, which documentation is attached to this Amendment as Exhibit A. 5 ARTICLE III SALE OF THE FACILITIES; SECURITY; TITLE Section 3.1. Ratification. All terms and provisions of Article III of the Original Contract are hereby ratified. All references in Article III of the Original Contract to the Series 2017 Bonds shall include the Series 2018 Bond and any Additional Completion Bonds. In furtherance and not in limitation of the immediately preceding sentence, the Seller and the Purchaser hereby confirm the following provisions of Sections 3.02 and 3.03 of the Original Contract relating to the security for payment under the Contract, including this Amendment, and the security for the Bonds, and hereby broaden such security to the Series 2018 Bond and any other Additional Completion Bonds: (a) The obligation of the Purchaser to make payments under the Contract shall constitute a general obligation of the Purchaser, payable out of any funds lawfully available to it for such purpose, from whatever source derived (including general funds). The Purchaser covenants and agrees that in order to make funds available for such purpose in each Fiscal Year, it will, in its general revenue, appropriation, and budgetary measures through which its tax funds or revenues and the allocation thereof are controlled or provided for, include sums sufficient to satisfy any such installment payments of Purchase Price that may be required to be made under the Contract, whether or not any other sums are included in such measure, until all payments so required to be made hereunder shall have been made in full. The obligation of the Purchaser to make any payments that may be required to be made from its general funds shall constitute a general obligation of the Purchaser and a pledge of the full faith and credit of the Purchaser to provide the funds required to fulfill any such obligation. In the event for any reason any such provision or appropriation is not made as provided in Section 3.02 of the Contract, then the fiscal officers of the Purchaser are hereby authorized and directed to set up as an appropriation on their accounts in the appropriate Fiscal Year the amounts required to pay the obligations that may be due from the general funds of the Purchaser. The amount of such appropriation shall be due and payable and shall be expended for the purpose of paying any such obligations, and such appropriation shall have the same legal status as if the Purchaser had included the amount of the appropriation in its general revenue, appropriation, and budgetary measures, and the fiscal officers of the Purchaser shall make such installment payments of Purchase Price to the Seller if for any reason the payment of such obligations shall not otherwise have been made. (b) The Purchaser covenants and agrees that it shall, to the extent necessary, levy an annual ad valorem tax on all taxable property located within the territorial limits of the Purchaser, as now existent and as the same may hereafter be extended, at such rate or rates, within the mill limit prescribed by the Constitutional Amendment or within such greater millage as may hereafter be by applicable law, as may be necessary to produce in each year revenues that will be sufficient to fulfill the Purchaser’s obligations under this Contract, from which revenues the Purchaser agrees to appropriate sums sufficient to pay in full when due all of the Purchaser’s obligations under this Contract. The Purchaser hereby grants a lien in favor of the Seller on any and all revenues realized by the Purchaser from such tax, to make the payments that are required under this Contract, which lien shall rank as to parity of lien with the lien on such revenues 6 created by each of the Prior Contracts and may be extended to cover any Additional Contracts, as set forth in Section 3.02(e) hereof, and the 2004 Solid Waste Authority Contract. Nothing herein contained, however, shall be construed as limiting the right of the Purchaser to make the payments called for by the Contract out of any funds lawfully available to it for such purpose, from whatever source derived (including general funds). (c) The Purchaser’s obligation to levy an annual ad valorem tax within the mill limit prescribed by the Constitutional Amendment, or such greater millage hereafter authorized by law, for the purpose of providing funds to meet the Purchaser’s payment obligations under this Contract shall not be junior and subordinate, but shall be superior or equal to the Purchaser’s obligation to levy an annual ad valorem tax at such rate or rates within such mill limit or such greater millage as now or hereinafter prescribed by law pursuant to the provisions of the Prior Contracts, the 2004 Solid Waste Authority Contract and any Additional Contract. It is expressly provided, however, that the Purchaser shall not be required to levy a tax in any year at a rate or rates exceeding in the aggregate the maximum millage prescribed by the Constitutional Amendment for such year, or any greater millage hereafter prescribed by law, in order to meet its obligations under the Contracts. (d) So long as the Series 2017 Bonds, the Series 2018 Bond and any other Additional Completion Bonds are Outstanding, the Purchaser shall not: (1) enter into an Additional Contract that creates a lien on the revenues to be derived from the tax to be levied hereunder by the Purchaser to fulfill its obligations hereunder, which is superior to the lien created hereunder, (2) enter into any other contract or agreement creating a lien on such tax revenues for any purpose other than debt service payments (including creation and maintenance of reasonable reserves therefor) superior to or on a parity with the lien created thereon to fulfill the obligations of the Purchaser hereunder, and (3) enter into any Additional Contract that provides for payment to be made by the Purchaser from monies derived from the levy of a tax within the maximum millage now or hereafter authorized by law if each annual payment of all amounts payable with respect to debt service or which are otherwise fixed in amount or currently budgeted in amount under all Contracts then in existence, together with each annual payment to be made under the proposed Additional Contract, in each future Fiscal Year, would exceed the amount then capable of being produced by a levy of a tax within the maximum millage now or hereafter authorized by law on the taxable value of property located within the territorial limits of the Purchaser subject to taxation for such purposes, as shown by the latest tax digest available immediately preceding the execution of any such Additional Contract. (e) It is further expressly provided that so long as the Series 2017 Bonds, the Series 2018 Bond and any Additional Completion Bonds are Outstanding, the Purchaser shall not hereafter enter into any Additional Contract for the purpose of debt service payments (including creation and maintenance of reserves therefor), unless the amount then capable of being produced by the levy of an ad valorem tax within the maximum millage then prescribed by the 7 Constitutional Amendment or any successor provision on all taxable property within the territorial limits of the Purchaser, as shown by the latest tax digest available immediately preceding the execution of such Additional Contract, is equal to the maximum combined amount payable in any future Fiscal Year with respect to debt service under all existing Contracts and any such Additional Contract. Debt service for purposes of this paragraph (e) shall mean required payments of principal, including principal to be paid through mandatory redemption, interest, and amounts required to be paid for creation and maintenance of reasonable debt service reserves and to establish and maintain mandatory investment programs, less principal and interest received or to be received from investment of any of the foregoing amounts (except funds on hand or to be on hand in any debt service reserve) required to be applied to debt service in each Fiscal Year. The Purchaser shall furnish, not less than five (5) nor more than sixty (60) days prior to the date of execution and delivery of any such Additional Contract, a certificate of an independent certified public accountant to the effect that, based on an affidavit of the Tax Commissioner of Richmond County as to the taxable value of property located within the territorial limits of the Purchaser, the requirements of this paragraph (e) have been met. (f) As security for the payment of the Series 2017 Bonds, the Series 2018 Bond and any Additional Completion Bonds, the Seller has adopted the Bond Resolution. The Purchaser hereby assents to the assignment and pledge made in the Bond Resolution and hereby agrees that its obligations to make all payments under this Contract shall be absolute and shall not be subject to any defense, except payment, or to any right of setoff, counterclaim, or recoupment arising out of any breach by the Seller of any obligation to the Purchaser, whether hereunder or otherwise, or arising out of any indebtedness or liability at any time owing to the Purchaser by the Seller. The Purchaser further agrees that all payments required to be made under this Contract, except for those arising out of Unassigned Rights, shall be paid directly to the Sinking Fund Custodian for the account of the Seller for deposit to the Sinking Fund. The Bondholders shall have all rights and remedies herein accorded to the Seller (except for Unassigned Rights), and any reference herein to the Seller shall be deemed, with the necessary changes in detail, to include the Bondholders, and the Bondholders are deemed to be and are third party beneficiaries of the representations, covenants, and agreements of the Purchaser herein contained. 8 ARTICLE IV THE PROJECT; ISSUANCE OF THE SERIES 2017 BONDS Section 4.1. Ratification. Except as provided in Sections 4.2 and 4.3 below, all terms and provisions of Article IV of the Original Contract are hereby ratified. Section 4.2. Agreement to Issue the Series 2018 Bond; Application of Proceeds. The Seller agrees that simultaneously with the execution and delivery of this Amendment it will issue the Series 2018 Bond containing the terms, including principal amounts, interest rates, and maturities, set forth in the Series 2018 Supplemental Bond Resolution, for the purpose of financing the costs of acquiring, constructing, installing and equipping the 2018 Completion Project. The proceeds from the sale of the Series 2018 Bond shall be deposited with the Purchaser and used to pay the costs of acquiring, constructing, installing and equipping the 2018 Completion Project and paying costs of issuance of the Series 2018 Bond. The proceeds of the Series 2018 Bond may be used for the following purposes (but for no other purposes): (a) payment of any costs and expenses relating to the 2018 Completion Project that would constitute a “cost of the urban redevelopment projects” permitted to be paid by the Seller under the Urban Redevelopment Law; and (b) at the written direction of the Purchaser, all proceeds of the Series 2018 Bond remaining after completion of the 2018 Completion Project, less amounts retained or set aside to meet costs not then due and payable or that are being contested, shall be used (1) to pay principal on the Series 2018 Bond when due through and including October 1, ________ and to optionally prepay all or a portion of the Series 2018 Bond on October 1, __________ pursuant to Section ___ of the Series 2018 Pricing Resolution or (2) if the Seller and the Purchaser receive a Favorable Opinion of Bond Counsel, for any other purpose permitted by the Urban Redevelopment Law. Section 4.3. Additional Terms. All references in Section 4.03 and 4.04 of Article IV of the Original Contract to the Series 2017 Bonds shall include the Series 2018 Bond. 9 ARTICLE V INSTALLMENT PURCHASE PROVISIONS; NATURE OF OBLIGATIONS OF PURCHASER Section 5.1. Ratification. Except as provided in Sections 5.2 and 5.3 below, all terms and provisions of Article V of the Original Contract are hereby ratified. Section 5.2. Term of Agreement. Section 5.01 of the Original Agreement is amended by replacing October 1, 2036 with October 1, 2037. Section 5.3. Additional Terms. All references in Sections 5.03 and 5.05 of the Original Contract to the Series 2017 Bonds shall include the Series 2018 Bond and any other Additional Completion Bonds. Section 5.4. Additional Payments. The Purchaser shall pay the Seller or the owner of the Series 2018 Bond, as its assignee, the Additional Payments required by the Series 2018 Supplemental Bond Resolution. 10 ARTICLE VI ADDITIONAL COVENANTS Section 6.1. Ratification. Except as provided in Sections 6.2 and 6.3 below, all terms and provisions of Article VI of the Original Contract are hereby ratified. Section 6.2. Additional Terms. All references in Section 6.02 of the Original Contract to the Series 2017 Bonds shall include the Series 2018 Bond and any other Additional Completion Bonds. Section 6.3. Information for Bank. The Purchaser shall provide the Bank with its audited financial statements within 210 days of the end of the fiscal year, its budget immediately upon its adoption and such other information as the Bank may reasonably request. 11 ARTICLE VII ASSIGNMENT; PURCHASE PRICE PAYMENTS Section 7.1. Ratification. Except as provided in Sections 7.2 and 7.3 below, all terms and provisions of Article VII of the Original Contract are hereby ratified. Section 7.2. Additional Terms. Section 7.02 of the Original Contract shall apply to the Series 2018 Bond, provided that the Series 2081 Bond may not be redeemed prior to October 1, ______. All references in Section 7.03 in the Original Contract to the Series 2017 Bonds shall include Additional Completion Bonds, including the Series 2018 Bond. Section 7.3. Option to Prepay the Purchase Price and Prepay the Series 2018 Bond. The Purchaser shall have the option to prepay the Purchase Price related to the Series 2018 Bond and other amounts payable under this Contract in such manner and amounts as will enable the Seller to prepay the Series 2018 Bond prior to maturity as provided in Sections _____ and _____ of the Series 2018 Pricing Resolution. The Purchase Price and other amounts payable by the Purchaser in the event of its exercise of the option granted under this Section shall be the amount needed to prepay the Series 2018 Bond. 12 ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES Section 8.1. Ratification. All terms and provisions of Article VIII of the Original Contract are hereby ratified. 13 ARTICLE IX MISCELLANEOUS Section 9.1. Ratification. Except as provided in Section 9.2 below, all terms and provisions of Article IX of the Original Contract are hereby ratified. Section 9.2. Confirmation of Original Contract. Except as expressly provided herein, all terms and provisions of the Original Contract are hereby ratified and reaffirmed and shall apply to the Series 2018 Bond. (First Amendment to Agreement of Sale) IN WITNESS WHEREOF, the Seller and the Purchaser have caused this Amendment to be executed in their respective corporate names and their respective corporate seals to be hereunto affixed and attested by their duly authorized officers, all as of the date first above written. URBAN REDEVELOPMENT AGENCY OF AUGUSTA (SEAL) By: Chairman Attest: Secretary (First Amendment to Agreement of Sale) AUGUSTA, GEORGIA (SEAL) By: Mayor Attest: Clerk, Augusta-Richmond County Commission EXHIBIT B FORM OF CERTIFICATE REQUIRED BY SECTION 2.02(I) [Letterhead of Mauldin & Jenkins, L.L.C.] June __, 2018 Urban Redevelopment Agency of Augusta Augusta, Georgia Re: $__________ Urban Redevelopment Agency of Augusta Revenue Bonds (Parking Garage Expansion Project), Federally Taxable Series 2018 (the “Series 2018 Bond”) Ladies and Gentlemen: At your request, we have examined the Intergovernmental Contract, dated as of December 7, 2010, between the Solid Waste Management Authority of Augusta and the Consolidated Government; the Agreement of Sale, dated as of August 1, 2010, between the Augusta-Richmond County Coliseum Authority and the Consolidated Government; the Intergovernmental Service Agreement, dated as of August 1, 2010, between the Augusta- Richmond County Coliseum Authority and the Consolidated Government; the Intergovernmental Agreement, dated as of August 1, 2014, between the Urban Redevelopment Agency of Augusta (the “Agency”) and the Consolidated Government; the Intergovernmental Service Agreement, dated as of September 15, 2015, between the Agency and the Consolidated Government; and the Intergovernmental Redevelopment Agreement, dated as of May 1, 2018, between the Agency and the Consolidated Government (collectively, the “Intergovernmental Agreements”), which set forth the requirements that must be met for the Consolidated Government to enter into any Additional Contract (as defined in the Intergovernmental Contracts) for the purpose of debt service payments (including creation and maintenance of reserves therefor). Unless otherwise specified in this letter, terms used in this letter shall have the same meaning as in the Intergovernmental Contracts. We obtained the Consolidated Government’s 2017 Tax Digest, which was provided by the Affidavit of the Tax Commissioner and is attached to this letter as Exhibit A, and the Augusta-Richmond County Maximum Millage Calculation as is currently prescribed by the Constructional Amendment. We obtained the debt service on the Intergovernmental Contracts from the Official Statement as noted in the table under the heading “CONSOLIDATED GOVERNMENT DEBT STRUCTURE – Debt Service Requirements” relating to the Agency’s Revenue Bonds (CV Foundry Apartments, LLC Project), Series 2018 issued on May __, 2018. We also obtained the debt service of the Series 2018 Bonds from Davenport & Company, LLC, financial advisor to the Consolidated Government. We calculated the revenues that would be produced by the levy of an ad valorem tax at the maximum millage currently prescribed by the Constitutional Amendment (the “Maximum Mill Revenues”) on the Maintenance and Operation Tax Digest in Augusta, Georgia for the year ended December 31, 2017 to ensure that the Maximum Mill Revenues were equal to at least the maximum combined amount payable in any future fiscal year with respect to debt service under all existing contracts and the additional contract proposed to secure the Series 2018 Bond. The following table demonstrates this calculation: December 31, 2017 County Maintenance and Operation Tax Digest for the year ended December 31, 2017 Current Millage Cap currently prescribed by the Constitutional Amendment Maximum Mill Revenue Highest Combined Principal and Interest Requirements in any Succeeding Sinking Fund Year Amount in Excess of Contract Requirements This letter is solely for the purpose of satisfying conditions precedent contained in the Intergovernmental Agreements to the execution and delivery by the Consolidated Government of a First Amendment to Agreement of Sale, dated as of June 1, 2018, with the Urban Redevelopment Agency of Augusta, and, without our prior consent, this letter is not to be used, circulated, quoted, or otherwise referred to within or without this group for any other purpose, including, but not limited to, the purchase or the sale of securities. This letter is not to be filed with or referred to in whole or in part in any document, except that reference may be made to it in any list of closing documents pertaining to the proposed Bonds. Very truly yours, EXHIBIT A STATE OF GEORGIA COUNTY OF RICHMOND AFFIDAVIT OF 2017 MAINTENANCE AND OPERATION TAX DIGEST Personally appeared before the undersigned attesting officer, duly authorized to administer oaths in and for such State and County, ____________, who on oath deposes and says that he is the Tax Commissioner of Richmond County, Georgia, and as such is familiar with the assessed value of taxable property located within the territorial limits of Augusta, Georgia subject to taxation for maintenance and operation purposes, and that the assessed value of the property so subject to taxation in Augusta, Georgia amounts to not less than $__________, as shown by the Tax Digest for the year 2017, which is the latest tax digest available. Tax Commissioner of Richmond County, Georgia Sworn to and subscribed before me this ___ day of June, 2018. Notary Public My Commission Expires: (Date) (NOTARIAL SEAL) FIRST MODIFICATION TO AUGUSTA CYBER INITIATIVE URBAN REDEVELOPMENT PLAN I. Existence of Urban Redevelopment Plan The Augusta Cyber Initiative Urban Redevelopment Plan (the “Urban Redevelopment Plan”) constitutes an urban redevelopment plan of Augusta, Georgia (the “Consolidated Government”) within the meaning of Section 36-61-2(21) of the Official Code of Georgia Annotated (“O.C.G.A.”). The Urban Redevelopment Plan was properly authorized by the Augusta-Richmond County Commission (the “Commission”) pursuant to a resolution adopted on June 20, 2017, and the Urban Redevelopment Plan was ratified and the First Modification was properly authorized by the Commission pursuant to a resolution adopted on May 15, 2018, all in compliance with the Urban Redevelopment Law (O.C.G.A. 36-61-1 et seq.), as amended (the “Act”). The Urban Redevelopment Plan, as modified, is in full force and effect as of May 15, 2018. II. Cyber Initiative Parking Deck Urban Redevelopment Project The Project described in the Urban Redevelopment Plan under the heading “Cyber Initiative Parking Deck Urban Redevelopment Project” was originally contemplated to be a parking garage comprised of three floors and approximately 515 spaces. This modification is for the purpose of expanding the size of the Project to provide adequate parking for planned and future development within the Cyber Initiative Urban Redevelopment Area, as may be determined from time to time. Bonds may be issued; to finance all or a part of any such expansion and the costs of issuance related thereto. Commission Meeting Agenda 6/5/2018 2:00 PM Cyber Parking Deck Phase 2 Department:Finance Department:Finance Caption:Approved attached documents related to the issuance of $4 million plus cost of issuance in bonds for the construction of phase 2 of the parking deck located the Hull McKnight Georgia Cyber Center for Innovation and Training. Authorizing the Mayor and Clerk of Commission to sign and execute the attached documents. Background:In 2017, Augusta issued $12 million in bonds thru the URA to support the construction of a parking deck at the Hull McKnight Georgia Cyber Center of Innovation and Training. The Georgia Technology Authority (GTA) later announced that they would begin construction on a second building and requested that the parking deck be expanded to accommodate the second building. On January 30, 2018, the commission approved the request. The original motion approved one additional level, during the design process it was determined that two levels would increase operational efficiencies. The attached documents support this change. Analysis:Bonds are anticipated to be issued in June 2018 with funding to be available to GTA in early July. Due to the relatively small size of the bonds issuance, Augusta’s Financial Advisor has recommended the bonds be sold as a private placement instead of public offering. Using this method of sale will result in a lower of cost of issuance and help reduce the overall cost of the debt and debt service. Financial Impact:The additional funds required for debt service will be in part funded by increase number of spaces rented by GTA. The balance of funding will be provided by TIA discretionary funds and an appropriation from the general fund if needed. Alternatives: Recommendation:approve Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Page 1 of 7 ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE, SECTION 1-4-6 THROUGH SECTION 1-4-12; TO CHANGE THE NAME OF THE “DEVELOPMENT AUTHORITY OF RICHMOND COUNTY” TO “DEVELOPMENT AUTHORITY OF AUGUSTA, GEORGIA”; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, the Development Authority of Richmond County has existed since 1970 and has been instrumental in making Augusta, Georgia a vibrant and attractive area for all kinds of development; and WHEREAS, despite the success of the Development Authority of Richmond County, it is constantly looking for ways to broaden its reach and attract more development to the consolidated government of Augusta, Georgia and re-naming the development authority to the “Development Authority of Augusta, Georgia” will improve its ability to accomplish its purposes. THEREFORE, THE AUGUSTA, GEORGIA COMMISSION ordains as follows: SECTION 1. AUGUSTA, GA CODE, Sections 1-4-6 through 1-4-12 as set forth in the AUGUSTA, GA CODE, re-adopted July 10, 2007, are hereby amended by striking this section in its entirety as set forth in “Exhibit A” hereto. SECTION 2. AUGUSTA, GA CODE, Sections 1-4-6 through 1-4-12, are hereby amended and restated as Sections 4-2-77 through 4-2-97 as set forth in “Exhibit B” hereto. SECTION 3. This ordinance shall be effective upon its adoption in accordance with applicable laws. SECTION 4. All ordinances and parts of ordinances inconsistent with this ordinance are hereby repealed. Adopted this _____ day of__________, 2018. ___________________________ Hardie Davis, Jr. As its Mayor Page 2 of 7 Attest: ______________________________ Lena J. Bonner, Clerk of Commission Seal: Page 3 of 7 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on_________________, 2018 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: ______________________ First Reading ______________________ Second Reading ______________________ Page 4 of 7 Exhibit A STRIKE: ARTICLE 2 DEVELOPMENT AUTHORITY OF RICHMOND COUNTY Sec. 1-4-6. Purpose. It has heretofore been determined and declared an urgent, existing and future need for a development authority to function in Richmond County, Georgia, for the purpose of developing and promoting for the public good and general welfare trade, commerce, industry and employment opportunities in such county thereby promoting the general welfare of its citizenry. Sec. 1-4-7 Creation; board of directors- Composition. The public body corporate and politic known as the Development Authority of Richmond County shall continue in existence. There are hereby elected as members of the board of directors of the development authority nine (9) persons, each of whom is a taxpayer of the county and only one of whom may be an officer or employee of the county; provided, however, the initial appointments shall be made as follows: (a) Members of the Development Authority of Richmond County appointed are as herein set forth, to wit: Term Expires (1) Charlene Sizemore 2 years 6/3/99 (2) Harrell Tiller 4 years 6/3/2001 (3) Monty Osteen 4 years 6/3/2001 (4) Abram Serrota 4 years 6/3/99 (5) Charles Walker 4 years 6/3/2001 (6) Terry Elam 4 years 6/3/2001 (7) Dr. Ronald Lewis 2 years 6/3/99 (8) Walter Hornsby 4 years 6/3/2001 (9) William Thompson 2 years 6/3/99 Sec. 1-4-8. Terms of members. Page 5 of 7 Successors to the members named in section 1-4-7, members are to be appointed for four-year terms. Sec. 1-4-9. Director to remain in office until successor elected. If at the end of any term of office of any director a successor thereto shall not have been elected then the Director whose term of office shall have expired shall continue to hold office until his successor shall be so elected. Sec. 1-4-10. Duties. The board of directors hereinbefore elected shall organize itself, carry out its duties and responsibilities and exercise its powers and prerogatives in accordance with the terms and provisions of the development authorities law, as it now exists and as it might hereafter be amended or modified. Sec. 1-4-11. Dissolution of authority. Upon the dissolution or liquidation of the development authority of the county the directors shall, after paying or making provision for the payment of all liabilities of the development authority, dispose and transfer all of the assets of the development authority exclusively to the Commission of the county. Sec. 1-4-12. Use of authority assets, etc. No part of the assets, income or profit of the development authority of the county shall be distributable to or inure to the benefit of the members of the board of directors of the development authority of the county or its officers or any officer or employee of the county. Exhibit B REPLACE WITH: ARTICLE 2 DEVELOPMENT AUTHORITY OF AUGUSTA, GEORGIA Sec. 1-4-6. Purpose. Page 6 of 7 It has heretofore been determined and declared an urgent, existing and future need for a development authority to function in the consolidated government of Augusta, Georgia, for the purpose of developing and promoting for the public good and general welfare trade, commerce, industry and employment opportunities in Augusta, Georgia thereby promoting the general welfare of its citizenry. Sec. 1-4-7 Creation; board of directors- Composition. The public body corporate and politic known as the Development Authority of Richmond County has been in existence since 1970 and shall continue to exist, but shall hereinafter be the public body corporate and politic known as the Development Authority of Augusta, Georgia. The membership of the board of directors of the Development Authority of Augusta, Georgia shall consist of nine (9) persons, each of whom is a taxpayer of Richmond County and only one of whom may be an officer or employee of Augusta, Georgia. The initial appointments were made as follows: Term Expired (1) Charlene Sizemore 2 years 6/3/99 (2) Harrell Tiller 4 years 6/3/2001 (3) Monty Osteen 4 years 6/3/2001 (4) Abram Serrota 4 years 6/3/99 (5) Charles Walker 4 years 6/3/2001 (6) Terry Elam 4 years 6/3/2001 (7) Dr. Ronald Lewis 2 years 6/3/99 (8) Walter Hornsby 4 years 6/3/2001 (9) William Thompson 2 years 6/3/99 Sec. 1-4-8. Terms of members. Successors to the members named in section 1-4-7, members are to be appointed for four-year terms. Page 7 of 7 Sec. 1-4-9. Director to remain in office until successor elected. If at the end of any term of office of any director a successor thereto shall not have been elected then the Director whose term of office shall have expired shall continue to hold office until his successor shall be so elected. Sec. 1-4-10. Duties. Each board of directors elected in accordance with this Article shall organize itself, carry out its duties and responsibilities and exercise its powers and prerogatives in accordance with the terms and provisions of the development authorities law, as it now exists and as it might hereafter be amended or modified. Sec. 1-4-11. Dissolution of authority. Upon the dissolution or liquidation of the Development Authority of Augusta, Georgia, the directors shall, after paying or making provision for the payment of all liabilities of the development authority, dispose and transfer all of the assets of the development authority exclusively to the Commission of Augusta, Georgia. Sec. 1-4-12. Use of authority assets, etc. No part of the assets, income or profit of the Development Authority of Augusta, Georgia shall be distributable to or inure to the benefit of the members of the board of directors of the Development Authority of Augusta, Georgia or its officers or any officer or employee of Augusta, Georgia. Page 1 of 3 Exhibit B REPLACE WITH: ARTICLE 2 DEVELOPMENT AUTHORITY OF AUGUSTA, GEORGIARICHMOND COUNTY Sec. 1-4-6. Purpose. It has heretofore been determined and declared an urgent, existing and future need for a development authority to function in the consolidated government of Augusta, Richmond County, Georgia, for the purpose of developing and promoting for the public good and general welfare trade, commerce, industry and employment opportunities in Augusta, Georgiasuch county thereby promoting the general welfare of its citizenry. Sec. 1-4-7 Creation; board of directors- Composition. The public body corporate and politic known as the Development Authority of Richmond County has beenshall continue in existence since 1970 and shall continue to exist, but shall hereinafter be the public body corporate and politic known as the Development Authority of Augusta, Georgia. There are hereby elected as The membership of the board of directors of the dDevelopment aAuthority of Augusta, Georgia shall consist of nine (9) persons, each of whom is a taxpayer of Richmondthe cCounty and only one of whom may be an officer or employee of Augusta, Georgia. Tthe county; provided, however, the initial appointments wereshall be made as follows: (a) Members of the Development Authority of Richmond County appointed are as herein set forth, to wit: Term Expiresd (1) Charlene Sizemore 2 years 6/3/99 (2) Harrell Tiller 4 years 6/3/2001 Page 2 of 3 (3) Monty Osteen 4 years 6/3/2001 (4) Abram Serrota 4 years 6/3/99 (5) Charles Walker 4 years 6/3/2001 (6) Terry Elam 4 years 6/3/2001 (7) Dr. Ronald Lewis 2 years 6/3/99 (8) Walter Hornsby 4 years 6/3/2001 (9) William Thompson 2 years 6/3/99 Sec. 1-4-8. Terms of members. Successors to the members named in section 1-4-7, members are to be appointed for four-year terms. Sec. 1-4-9. Director to remain in office until successor elected. If at the end of any term of office of any director a successor thereto shall not have been elected then the Director whose term of office shall have expired shall continue to hold office until his successor shall be so elected. Sec. 1-4-10. Duties. EachThe board of directors hereinbefore elected in accordance with this Article shall organize itself, carry out its duties and responsibilities and exercise its powers and prerogatives in accordance with the terms and provisions of the development authorities law, as it now exists and as it might hereafter be amended or modified. Sec. 1-4-11. Dissolution of authority. Upon the dissolution or liquidation of the dDevelopment aAuthority of Augusta, Georgia,the county the directors shall, after paying or making provision for the payment of all liabilities of the development authority, dispose and transfer all of the assets of the development authority exclusively to the Commission of Augusta, Georgia the county. Sec. 1-4-12. Use of authority assets, etc. Page 3 of 3 No part of the assets, income or profit of the development authority of Augusta, Georgiathe county shall be distributable to or inure to the benefit of the members of the board of directors of the dDevelopment aAuthority of Augusta, Georgiathe county or its officers or any officer or employee of Augusta, Georgiathe county. Commission Meeting Agenda 6/5/2018 2:00 PM Ordinance to Amend Code Section 1-4-6 through 1-4-12 Department: Department: Caption:Motion to approve an Ordinance to amend GA Code, Sections 1-4-6 through Section 1-4-12 to change the name of the "Development Authority of Richmond County" to "Development Authority of Augusta, Georgia". Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Committee Meeting Date: Commission Meeting Date: Agenda Item Number: Approval Letter Date: Entered into the MuniAgenda by/date DATE: May 18, 2018 TO: The Honorable Hardie Davis, Jr., Mayor Members of the Commission William Fennoy, Chairman, Engineering Services Committee THROUGH: Janice Jackson, Administrator FROM: Hameed Malik, Ph.D., P.E., Director of Engineering SUBJECT: 15th Street Pedestrian Improvements Project Mowing and Maintenance Agreement and Indemnity Agreement TIA Project#RC07-000146/PI#0011408 Project Number: N/A File Reference: 18-014(T) CAPTION: Approve entering into a Mowing and Maintenance Agreement as well as an indemnity Agreement with the Georgia Department of Transportation in Conjunction with TIA funded 15th Street Pedestrian Improvements Project as requested by AED. BACKGROUND: SR4/15 Street Pedestrian Improvement is a SPLOST VI Capital Project and a project from the “Approved Investment List” of TIA that was approved by voters of the CSRA in July 31, 2012 referendum. It is a TIA Band 2 project and TIA funds are allocated for design & construction. In March 2017, commission approved award of design phase of the project. Design phase is substantially complete and project is ready go construction. This project will improve pedestrian and bicyclist safety and mobility, enhancing access to transit stops, the Augusta Canal Trail, businesses along the corridor, Augusta University, and the Charlie Norwood VA Medical Center. Streetscape improvements bring a design aesthetic to this area. However, section of 15th Street is State Route and for landscaping improvements along State Routes, Georgia DOT requires that the local government enter into a mowing and maintenance agreement and indemnity agreement. ANALYSIS: Agreement would allow the TIA funded project going to construction in timely manner. In addition, streetscape improvements will enhance aesthetic of this corridor. FINANCIAL IMPACT: None anticipated. ALTERNATIVES: 1). Do not approve and identify alternate construction options to complete designed improvements and meet TIA construction schedule for this project. . RECOMMENDATION: Approve entering into a Mowing and Maintenance Agreement as well as an indemnity Agreement with the Georgia Department of Transportation in Conjunction with TIA funded 15th Street Pedestrian Improvements Project as requested by AED. REQUESTED AGENDA DATE: Committee Meeting: May 29, 2018 Commission Meeting: June 5, 2018 FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: None HM/vj cc: Assistant Director of Engineering AED Assistant Director Finance and Admin Agenda File and Main File GDOT Contract ID No.: IGTIA1801308 Page 1 of 9 RIGHT OF WAY MOWING AND MAINTENANCE AGREEMENT By and Between THE GEORGIA DEPARTMENT OF TRANSPORTATION AND RICHMOND COUNTY, GEORGIA THIS AGREEMENT made and entered into this _____ day of _____________, 2018 by and between the DEPARTMENT of Transportation, an agency of the State of Georgia, hereinafter alternately referred to as “DEPARTMENT” or “LICENSOR”, and RICHMOND COUNTY, GEORGIA hereinafter referred to as “LICENSEE”. WHEREAS, the DEPARTMENT desires to enter into a public/private partnership to perform certain services relating to mowing and maintenance within DEPARTMENT’S right of way, hereinafter called the “PROJECT”, and WHEREAS, the LICENSEE has represented to the DEPARTMENT that, if such permission is granted to the LICENSEE, LICENSEE shall bear all costs and liability associated with the PROJECT; and WHEREAS, the LICENSEE has represented to the DEPARTMENT that they are qualified and experienced to provide such services and the DEPARTMENT has relied upon such representations; NOW, THEREFORE, for and in consideration of the mutual promises and covenants as herein contained, it is agreed by and between the parties hereto that: GDOT Contract ID No.: IGTIA1801308 Page 2 of 9 ARTICLE I SCOPE OF PROJECT The DEPARTMENT shall permit the LICENSEE to perform or cause to be performed, the PROJECT consisting of certain services related to maintaining an identified section of the DEPARTMENT’S rights of way. This permission shall be granted by the means of this Agreement for the entire scope of the PROJECT, as set forth herein. The maintenance duties and responsibilities of the LICENSEE are defined and set forth in Article XI – MAINTENANCE WORK PLAN of this Agreement, and further enumerated and described in Exhibit ‘A’ – Application and Permit for Special Encroachment with approved drawings or final working drawings for a Department-approved construction PROJECT. Exhibit ‘A’ is attached hereto and incorporated by reference as if fully set out herein. The PROJECT location shall be defined or delineated as part of Exhibit ‘A’. The required Special Encroachment Permit and/or the construction PROJECT final working drawings are to be approved or issued by the DEPARTMENT. Should the LICENSEE desire that these maintenance services be performed by a third party, LICENSEE and the third party shall enter into subsequent agreement, whereby the LICENSEE shall assume all responsibility of repayment to the third party for those services to be rendered as set forth in Article XI - MAINTENANCE WORK PLAN. The Agreement between LICENSEE and any third parties to this Agreement, shall meet all operational and administrative requirements, including the provisions of liability insurance, set forth by the DEPARTMENT, and all liability associated with the PROJECT shall be borne by LICENSEE and any third parties, as set forth in Article VIII, herein. ARTICLE II EXECUTION OF CONTRACT AND AUTHORIZATION TIME OF PERFORMANCE Time is of the essence in this agreement. The LICENSEE shall execute this Agreement and return it to the DEPARTMENT within thirty (30) days after receipt of contract forms from the DEPARTMENT. The LICENSEE shall begin work on the PROJECT under this Agreement immediately after receiving a signed and executed copy of the Agreement (unless noted otherwise in Exhibit A or upon PROJECT construction completion). Subject to the terms and conditions set forth in this Agreement, and upon execution of this Agreement, the DEPARTMENT grants the right to the LICENSEE to mow, edge, and maintain, as set forth in Article XI- MAINTENANCE WORK PLAN, that specific section of right-of-way identified in this Agreement, and herein defined as the PROJECT. The duration of this Agreement shall be for fifty years from the date above first written unless terminated sooner by the DEPARTMENT or LICENSEE. GDOT Contract ID No.: IGTIA1801308 Page 3 of 9 ARTICLE III SUBSTANTIAL CHANGES If, prior to the satisfactory completion of the services under this Agreement, any party materially alters the scope, character or complexity of the services from those required under the Agreement, a Supplemental Agreement shall be executed between the parties. It is understood, however, that LICENSEE shall not engage in any activities or conduct any work which would be considered to be outside the scope of the permission granted to LICENSEE by the DEPARTMENT. Minor changes in the work which do not involve increased compensation, extensions of time or changes in the goals and objectives of the work may be made by written notification of such change by any party with written approval by the other parties. ARTICLE IV ASSIGNMENT It is understood by the LICENSEE that the work is considered personal and, except as provided for in Article I, LICENSEE agrees not to assign, sublet or transfer any or all of their interest in this Agreement without prior written approval of the DEPARTMENT. ARTICLE V CONTRACT DISPUTES This Agreement shall be deemed to have been executed in Fulton County, Georgia, without reference to its choice of law doctrine, and all questions of interpretation and construction shall be governed by the laws of the State of Georgia. Any litigation arising out of this contract shall be commenced within the State of Georgia. The foregoing provisions shall not be construed as waiving any immunity to suit or liability, including without limitation, sovereign immunity which may be available to the Department. ARTICLE VI INSURANCE Prior to beginning work, the LICENSEE shall obtain and certify to the DEPARTMENT that it has the following minimum amounts of insurance coverage: (a) Workmen’s Compensation Insurance in accordance with the laws of the State of Georgia. (b) Public Liability Insurance in an amount of not less than one hundred thousand dollars ($100,000) for injuries, including those resulting in death to any one person, and in an amount of not less than three hundred thousand dollars ($300,000) on an account of any one occurrence, or proof of self insurance. (c) Property Damage Insurance in an amount of not less than fifty thousand dollars ($50,000) from damages on account of any occurrence, with an aggregate limit of one hundred thousand dollars ($100,000), or proof of self insurance. (d) Valuable Papers Insurance in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the PROJECT. (e) Insurance shall be maintained in full force and effect during the life of the PROJECT. GDOT Contract ID No.: IGTIA1801308 Page 4 of 9 The LICENSEE shall furnish upon request to the DEPARTMENT, certificates of insurance evidencing such coverage. These certificates shall also provide that the insurance will not be modified or canceled without a 30 day prior written notice to the DEPARTMENT. Failure by the LICENSEE to procure and maintain the insurance as set forth above shall be considered a default and cause for termination of this Agreement and forfeiture of the Performance and Payment Bonds. The LICENSEE shall, at least fifteen (15) days prior to the expiration date or dates of expiring policies, deposit certified copies of renewal, or new policies, or other acceptable evidence of insurance with the DEPARTMENT. ARTICLE VII COMPENSATION It is agreed that LICENSEE shall conduct all work at no cost to the DEPARTMENT, and without compensation from the DEPARTMENT. It is further agreed that any and all issues relating to compensation and payment shall be resolved by and between LICENSEE and any successors, subcontractors, or assigns thereto. The DEPARTMENT and LICENSEE further agree that, should the DEPARTMENT be required to conduct any inspections and/or supervision of the PROJECT beyond that which would normally occur in the ordinary course of the DEPARTMENT’S maintenance activities, LICENSEE shall reimburse the DEPARTMENT for such inspection and supervision. The rate of reimbursement for the DEPARTMENT’S inspection and supervision shall in no case exceed a rate determined to be reasonable by the parties. Should LICENSEE and the DEPARTMENT desire to change this agreement at a later date to provide for compensation to LICENSEE, or any successors or assigns thereto, such change shall only be permitted by a supplemental agreement as set forth in Article III herein. Any supplemental agreements involving compensation shall be subject to the DEPARTMENT review and approval. ARTICLE VIII RESPONSIBILITY FOR CLAIMS AND LIABILITY LICENSEE NOT AGENT OF DEPARTMENT LICENSEE, and all successors and assigns thereto, shall save harmless the DEPARTMENT, its officers, agents, and employees from all suits, claims, actions or damages of any nature whatsoever resulting from the performance of work assigned to LICENSEE under this Agreement. LICENSEE further agrees that they shall be fully responsible for injury or damage to landscaping, landscape related items, and any other non-standard and decorative elements installed by or for the LICENSEE within the right of way, and for any damage to the DEPARTMENT’S signs, structures, or roadway fixtures, if LICENSEE causes the damage. These indemnities shall not be limited by reason of the listing of any insurance coverage. It is further understood and agreed that LICENSEE, or any successor or assigns thereto, in the conduct of any work involved in the PROJECT, shall not be considered the agent of the DEPARTMENT or of the State of Georgia. GDOT Contract ID No.: IGTIA1801308 Page 5 of 9 ARTICLE IX TERMINATION OF CONTRACT The DEPARTMENT may terminate this contract for just cause at any time by giving of thirty (30) days written notice of such termination. Upon receipt of such notice of termination, LICENSEE shall discontinue and cause all work under this contract to terminate upon the date specified in the said notice. In the event of such termination, the DEPARTMENT shall be paid for any amounts as may be due it as specified in Article VII up to and including the specified date of termination. LICENSEE shall have the right to terminate this contract at any time, provided that such termination is first approved by the DEPARTMENT, and that the DEPARTMENT is reimbursed in full for all services rendered pursuant to Article VII. The DEPARTMENT and LICENSEE further agree that, should the DEPARTMENT allow the LICENSEE to terminate the agreement, the termination, unless determined otherwise in writing by the DEPARTMENT, shall be contingent upon the following: A. The LICENSEE, at the discretion of the DEPARTMENT, removing the planted landscaping, landscape related items, and any other non-standard and decorative elements that were installed by or for the LICENSEE at no cost to the DEPARTMENT. B. The LICENSEE restoring the removed landscape areas to their original condition or a condition that meets federal standards and is acceptable to the DEPARTMENT. C. The LICENSEE restoring the removed non-standard and decorative elements with standard DEPARTMENT elements that meet federal and state requirements. D. The LICENSEE reimbursing the DEPARTMENT in full any state and/or federal funds used to purchase and install the landscaping, landscape related items, and other non-standard and decorative elements that are no longer to be maintained by the LICENSEE. The DEPARTMENT and the LICENSEE agree that, should the LICENSEE fail to perform the maintenance, as set forth in Article XI - MAINTENANCE WORK PLAN, the DEPARTMENT may require the LICENSEE to remove, restore, and reimburse according to items “A”, “B”, “C”, and “D” above, as applicable, and then terminate the agreement. ARTICLE X COMPLIANCE WITH APPLICABLE LAW The undersigned certify that: A. This Agreement is subject to applicable state and federal laws, standards, and rules and regulations. B. The provisions of Sections 45-10-20 through 45-10-28 of the Official Code of Georgia Annotated relating to Conflict of Interest and State Employees and Officials Trading with the State have been complied with in full. C. The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the “Drug-Free Workplace Act” have been complied with in full. GDOT Contract ID No.: IGTIA1801308 Page 6 of 9 ARTICLE XI MAINTENANCE WORK PLAN MAINTENANCE WORK PLAN for LANDSCAPE MAINTENANCE AGREEMENT For all maintenance activities, at a minimum, abide by the Federal Manual of Uniform Traffic Control Devices (MUTCD) standards, current edition, for temporary traffic control. Move equipment or materials on or across a traveled way in a manner as not to unduly interfere with traffic. Watering • Provide adequate water to maintain healthy plant material • Water in a manner that it does not endanger pedestrian or vehicular traffic • Water according to the state or local government restrictions Pruning • Remove dead or diseased planted vegetation. • Prune trees and shrubs to maintain the health of the plants and to maintain in the intended design character of the plant (no stump pruning or lollipop/ball shapes) • Prune trees and shrubs as needed to remove damage by storm or accident events and to prevent safety hazards. Prune to maintain open sight distances, clear zone areas and traffic sign visibility. Provide clearance for pedestrian and vehicular traffic mobility. • Prune according to American National Standards Institute, latest edition, A300 Part 1 pruning standards Plant Replacement • Replacement of dead or diseased vegetation of planted material within the project limits is the responsibility of the LICENSEE • Replacement plant material must be according to Policy 6755-9 – Policy for Landscaping and Enhancements on GDOT Right of Way and GDOT Specification Section 702. Weeding • Maintain right of way free of weeds, exotic and invasive pest plants, undesired vegetation and other noxious weeds • All Pesticide/Herbicide use shall be under the direct supervision of someone with the appropriate Commercial Category 27 (right of way use) license. • When pesticides/herbicides are being applied the person applying shall have in their possession all labeling associated with the pesticide/herbicide and their license/certification. • Post warning signs for pesticide/herbicide use as required by state code. Mowing and trimming of grass • Maintain a neat appearance and clear sight lines for pedestrian and vehicular traffic. Mulching • Replace mulch in plant beds as needed to maintain an attractive, fresh look at a 2-3” depth • Maintain mulch so that it will not spread or wash on to pedestrian paths or traveled lanes GDOT Contract ID No.: IGTIA1801308 Page 7 of 9 • Keep mulch clear of tree and shrub trunks and crowns, minimum of 3” off of any stem as it enters the ground. Do not bury root flares, remove mulch as necessary to prevent burying root flares, trunks or shrub stems. Litter • Completely remove all litter and debris and other objectionable material on site. • Do not deposit or blow litter, debris and vegetation into gutters or drainage structures. • Make disposal in accordance with local and state laws. NOTE: All major maintenance repair activities and activities that may interfere with traffic or pedestrian flow within the right of way project limits, such as travel lane/walkway closures, require the LICENSEE notify the Department at least 48 hours prior to the activity to coordinate and gain Department approval. GDOT Contract ID No.: IGTIA1801308 Page 8 of 9 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. IN WITNESS WHEREOF, said parties have hereunto set their hand and affixed their seals the day and year above first written. GEORGIA DEPARTMENT OF LICENSEE TRANSPORTATION _________________________________ __________________________________ Commissioner (Seal) Richmond County, Georgia (Seal) __________________________________ Name and Title Attest: Attest: __________________________________ __________________________________ Treasurer Name and Title Signed, sealed and delivered This ____ day of ___________, 2018, in the presence of: ___________________________________ Notary Public GDOT Contract ID No.: IGTIA1801308 Page 9 of 9 EXHIBIT ‘A’ Project Location PI 0011408 The Project shall be for maintenance work as specified in ARTICLE XI for the landscaping along SR 4/15th Street in Richmond County. Said landscaping is being constructed along the entire corridor of GDOT project PI 0011408. Commission Meeting Agenda 6/5/2018 2:00 PM 15th Street Pedestrian Improvements Project (Mowing & Maintenance Agreement) Department:Engineering Department:Engineering Caption:Motion to approve entering into a Mowing and Maintenance Agreement as well as an Indemnity Agreement with the Georgia Department of Transportation in conjunction with TIA funded 15th Street Pedestrian Improvements Project as requested by AED. (Approved by Engineering Services Committee May 29, 2018) Background:SR4/15 Street Pedestrian Improvement is a SPLOST VI Capital Project and a project from the “Approved Investment List” of TIA that was approved by voters of the CSRA in July 31, 2012 referendum. It is a TIA Band 2 project and TIA funds are allocated for design & construction. In March 2017, commission approved award of design phase of the project. Design phase is substantially complete and project is ready to go to construction. This project will improve pedestrian and bicyclist safety and mobility, enhancing access to transit stops, the Augusta Canal Trail, businesses along the corridor, Augusta University, and the Charlie Norwood VA Medical Center. Streetscape improvements bring a design aesthetic to this area. However, section of 15th Street is State Route and f or landscaping improvements along State Routes, Georgia DOT requires that the local government enter into a mowing and maintenance agreement and indemnity agreement . Analysis:Agreement would allow the TIA funded project going to construction in timely manner. In addition, streetscape improvements will enhance aesthetic of this corridor. Financial Impact:operational costs are estimated at $3,000 annually Alternatives:Do not approve and identify alternate construction options to complete designed improvements and meet TIA construction schedule for this project. Recommendation:Approve entering into a Mowing and Maintenance Agreement as well as an indemnity Agreement with the Georgia Department of Transportation in Conjunction with TIA funded 15th Street Pedestrian Improvements Project as requested by AED. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby amended: Section 1: The project is authorized to CPB#371-041110-T15041217. This request is to supplement the Preliminary Engineering Phase of Design Consultant Services Agreement to Civil Services, Inc. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. TIA Design 200,000$ TIA Design 715,500$ 915,500$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Honorable Hardie Davis, Mayor CAPITAL PROJECT BUDGET CPB#371-041110-T15041217 5th Street Bridge over the Savannah River (Bridge Repair and Restoration) (Bid 16-247) Supplemental Agreement in the amount of $715,495.85 for the 5th Street Bridge over the Savannah River (Bridge Repair and Restoration). Funding is available in the TIA project budget: 5/18/2018 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET CPB#371-041110-T15041217 5th Street Bridge over the Savannah River (Bridge Repair and Restoration) (Bid 16-247) Supplemental Agreement CPB AMOUNT CPB New SOURCE OF FUNDS CPB Addition CPB TIA Project 371-041110/5212115-T15041217 ($200,916)($200,916) TIA Project 371-041110/5212115-T15041217 ($715,500) ($715,500) TOTAL SOURCES: ($200,916) ($715,500) ($916,416) USE OF FUNDS ENGINEERING 371-041110-5414210/T15041217 $200,000 $715,496 $915,496 TOTAL USES: $200,000 715,496$ $915,496 5/18/2018 (SA02 – For changes greater than $25,000) June 2017 ENGINEERING DEPARTMENT SUPPLEMENTAL AGREEMENT Augusta Richmond County Project Number(s): 371-041110-T15041217 GDOT Number (s): RC07-001217 PI 0011418 Supplemental Agreement Number: 1 Purchase Order Number: 17ENG245 WHEREAS, We, Civil Services, Inc., Consultant, entered into a contract with Augusta-Richmond County on March 7, 2017, for engineering design services associated with the improvements to 5th Street over Savannah River Bridge, project RC07-001217, PI 0011418, File Reference No. 17-014 (A), and WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: Additional Preliminary and Final Engineering Phase It is agreed that as a result of the above described modifications the contract amount is increased by $715,495.85 from $200,000.00 to a new total of $915,495.85. Any modifications to submittal dates shall be as identified in the attached proposal. This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, We, Civil Services, Inc., Consultant, hereby agree to said Supplemental Agreement consisting of the above mentioned item, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. RECOMMEND FOR APPROVAL: CITY OF AUGUSTA-RICHMOND COUNTY Civil Services, Inc. AUGUSTA, GEORGIA Hardie Davis, Mayor Approved Date: Approved: Date: [ATTACHED CORPORATE SEAL] ATTEST: ATTEST: Title: Title: RFQ Item #16-247 DESIGN AND FIELD ENGINEERING SERVICES FOR 5TH STREET BRIDGE OVER THE SAVANNAH RIVER SCOPE OF SERVICES PHASE 2 – CONCEPTUAL DESIGN Civil Services, Inc. was retained by the City of Augusta to perform Design and Field Engineering services for the 5th Street Bridge Rehabilitation. I. PURPOSE: The purpose of the project is to perform design and field engineering services for repair and restoration of the 5th Street Bridge (Jefferson Davis Memorial Bridge) over the Savannah River in the City of Augusta. The CSI team will develop a design and construction package for the City of Augusta with sufficient details to repair and restore the existing structurally deficient bridge as well as convert the bridge to pedestrian use only. II. SERVICES TO BE PROVIDED BY THE CONSULTANT: The Consultant and related Sub-Consultants will perform the following services during the Bridge Assessment Phase: A. Structural Alternatives – CSI will provide the following services: Develop preliminary Plan, Elevation and Typical Section of proposed bridge alternatives to convert the existing bridge to a pedestrian bridge. Provide selected typical details of proposed improvements. Coordinate with and incorporate input by other team members in the development of conceptual plans of each proposed alternative. Compile all input by team members to furnish and Alternative Concept Development Report. Provide Engineer’s Estimate for each proposed Alternative. B. Architectural Design – CSI team member will provide the following services: Study bridge history and identify the details/limits of bridge element removal and restoration. Coordinate with Historic Augusta and the Historic Preservation Commission to identify bridge elements of historic significance. Develop conceptual architectural plans for proposed alternatives to convert the bridge a pedestrian bridge. This will be performed in coordination with bridge lighting and structural team members. C. Electrical Engineering – CSI Team member will provide the following services: Coordinate with the Architect on the type of post top luminaires and aesthetic lights to be used on the project Participate in one site visit Create typical section drawings for the lighting Provide a preliminary cost estimate for the Project D. Surveying - CSI Team member will prepare a base-map of the existing 5th Street bridge structure and approaches. The project will start at the 5th Street and Reynolds Street intersection and traverse along 5th Street to 200 feet north of the bridge abutment in South Carolina to include a 100-foot-wide corridor. Survey will include all bridge features, deck joints, pier locations, underground utilities and control points. We will accomplish vertical control surveys to relate the elevations to the North Geodetic Vertical Datum of 1988 commonly referred to as mean sea level. We propose to locate existing utility lines based on field marks and maps furnished by the utility owners and hire a private locate firm for additional locations. These utilities will include power, gas, water, telephone, sewer, storm sewer, and cable television. The Horizontal Datum will be based on the North American Datum of 1983, Georgia east zone. Using this field data, a topographic and utility map on mylar film at a 1"=20' or appropriate scale will be prepared. The drawing will be furnished in AutoCAD Civil 3D, 2018 version computer disc format. E. Geotechnical - The scope of work for this subsurface exploration will include, but will not be limited to, the following activities: Site Reconnaissance and Borings Layout: A site inspection will be made to visually examine the site conditions and locate the soil test borings. Utility Clearance: The Utility Protection Center (UPC) will be contacted to mark existing utility lines. Soil Test Borings: Drilling two (2) soil test borings to a maximum depth of up to eighty (80) feet below the existing ground surface, or auger refusal, in order to investigate the subsurface soil conditions and obtain the necessary information for providing engineering recommendations including Deep Foundations Design Recommendations. Subsurface information will be presented on Test Boring Records showing the thickness of each subsurface layer encountered, groundwater elevation at both the time of drilling and at least 24 hours after drilling (if feasible), and partially weathered rock and top of bedrock profiles, if encountered. Cross-section profiles will also be included. The subsurface materials encountered will be evaluated for both engineering and construction purposes. Any encountered materials, which are not suitable or might pose any additional construction constraints or costs, will be indicated and recommendations will be given on the available feasible solution. Construction Criteria for site stripping, subgrade preparation, and recommended quality control and testing program for the foundations and structural fill, including a discussion of the suitability of onsite soils for use as fill and backfill. Additionally, we will discuss slope stability and anticipated bracing or under pinning, as appropriate. Recommendations for design values for cast-in-place concrete retaining walls will be provided, including lateral earth pressures for design of below grade walls, as appropriate. Perform a limited evaluation and stability analysis, as appropriate, of the existing brick retaining wall in the immediate vicinity of the begin bridge. Analysis/evaluation of any constructability issues that may eliminate a specific alternative or need to be investigated with a selected alternative (Such as Potential Impact of construction selected alternative on exiting retaining wall). III. SUMMARY OF FEES: Our fee for PHASE 2 – CONCEPTUAL DESIGN is $277,506.62 For a summary of Lump Sum Amount Contract Fees, see attached Fee Proposal. PHASE 3 – CONSTRUCTION PLANS IV. PURPOSE: The purpose of the project is to perform design and field engineering services for repair and restoration of the 5th Street Bridge (Jefferson Davis Memorial Bridge) over the Savannah River in the City of Augusta. The CSI team will develop a design and construction package for the City of Augusta with sufficient details to repair and restore the existing structurally deficient bridge as well as convert the bridge to pedestrian use only. V. SERVICES TO BE PROVIDED BY THE CONSULTANT: The Consultant and related Sub-Consultants will perform the following services during the Bridge Assessment Phase: A. Structural Alternatives – CSI will provide the following services: Develop a combined bridge structural construction plans and specifications for the restoration and conversion of the existing bridge to a pedestrian bridge. Coordinate with each team member to incorporate their plans into a combined set. (Roadway, Electrical, Architectural, Bridge Painting and Geotechnical).  Furnish structural quantities and a combined Engineer’s Cost Estimate. Assist the City with the preparation of Bid Documents (as needed). B. Architectural Design – CSI team will provide the following: Develop architectural construction plans and specifications for the restoration and conversion of the exiting bridge to a pedestrian bridge. This includes railings, lighting, planters and benches. Coordination with electrical (Bridge Lighting) and structural is anticipated. Furnish quantities and Engineer’s Estimate for proposed architectural work. C. Electrical Engineering – CSI Team member will provide the following services: Coordinate with the Architect on the type of post top luminaires to be used on the project Create a pedestrian lighting design for the 5th Street Bridge Submit photometric analysis of lighting design to City Confirm with the Architect on types of aesthetic lighting to be used for the bridge Attend two site visits as needed Coordinate power service with the utility Create all necessary details for the lighting plans Size all cables, conduits, and electrical equipment for the project Create all necessary electrical single line and schematic drawings Create lighting layout drawings Provide a summary estimate for the Project D.Bridge Painting - CSI Team member will prepare bridge painting plans, specifications, and estimates that will consist of the following: Existing General Plan and Elevation (GPE), with scans of existing plans utilized to the greatest extent possible. Painting Notes and Total Bill of Material Existing Bridge and Approach Elevations, Framing Plans, and Details, with scans of the existing plans utilized to the greatest extent possible. Special Provision Check Sheets and additional Special Provisions as required to detail the proposed bridge painting work. Estimates of Cost and Time Detailed Quantity Calculations in Excel and PDF format E. Permitting - CSI Team Member will conduct field surveys and ecological permitting for the proposed conversion of the 5th Street Bridge over the Savannah River from a vehicular bridge to a pedestrian bridge. Team Member will conduct field surveys for waters of the US and federally protected species of concern within the project area and be responsible for completing an applicable US Army Corps of Engineers (USACE) Section 404 Nationwide Permit, USACE Section 10 Permit, as well as a Georgia Environmental Protection Division (GAEPD) notification form as applicable. Due to the joint jurisdiction of the Savannah District and Charleston District USACE, Team Member will coordinate with the agencies in order to determine which USACE office would take the lead in permitting (most likely Savannah District). Additionally, Team Member will coordinate with South Carolina Department of Health and Environmental Control (DHEC) and GAEPD in order to get 401 water quality certifications for the project. Due to the presence of anadromous fish habitat within the Savannah River, Team Member will coordinate with the National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service (NMFS) for any applicable requirements under Section 7 of the Endangered Species Act (ESA). VI. SUMMARY OF FEES: Our fee for PHASE 3 – CONSTRUCTION PLANS is $487,989.23 For a summary of Lump Sum Amount Contract Fees, see attached Fee Proposal. M:\Proposals\2016 Proposals Prime\Georgia\Augusta 5th Street Bridge\CSI Fee Estimate 5th St Phase 2 3.xlsx CITY OF AUGUSTA, GEORGIA Repair and Rehabilitation Plans for the 5th Street Bridge By: C. Morse Date:4-May-18 Consultant:Civil Services, Inc. Project No.:Project Description:Phase 2 - Bridge Conceptual Design Contract No.: Project Manager Sr. Engineer Engineer Sr. Designer Designer Cadd Technician Clerical Total No. / Activity Manhours Salary Avg. Man Hourly Man Hourly Man Hourly Man Hourly Man Hourly Man Hourly Man Hourly by Costs for Hourly Hours Rate Hours Rate Hours Rate Hours Rate Hours Rate Hours Rate Hours Rate Activity Activity Rate 1.Bridge Assessment A. Discipline Management & Coordination 88.0 $190.00 0.0 $175.00 0.0 $110.00 0.0 $80.00 0.0 $75.00 0.0 $65.00 0.0 $65.00 88.0 $16,720.00 $190.00 B. Deck and Railing Details 8.0 $190.00 56.0 $175.00 80.0 $110.00 40.0 $80.00 80.0 $75.00 0.0 $65.00 0.0 $65.00 264.0 $29,320.00 $111.06 C. Prelim. Girder Repair Details 8.0 $190.00 72.0 $175.00 80.0 $110.00 64.0 $80.00 80.0 $75.00 40.0 $65.00 0.0 $65.00 344.0 $36,640.00 $106.51 D. Cost Estimate 8.0 $190.00 24.0 $175.00 40.0 $110.00 0.0 $80.00 0.0 $75.00 0.0 $65.00 0.0 $65.00 72.0 $10,120.00 $140.56 E. Concept Report Draft 16.0 $190.00 40.0 $175.00 72.0 $110.00 40.0 $80.00 0.0 $75.00 80.0 $65.00 0.0 $65.00 248.0 $26,360.00 $106.29 F. Concept Report Final 12.0 $190.00 32.0 $175.00 40.0 $110.00 40.0 $80.00 0.0 $75.00 56.0 $65.00 0.0 $65.00 180.0 $19,120.00 $106.22 H. Meetings w/City 24.0 $190.00 24.0 $175.00 0.0 $110.00 0.0 $80.00 0.0 $75.00 0.0 $65.00 0.0 $65.00 48.0 $8,760.00 $182.50 I. QA/QC 24.0 $190.00 24.0 $8.00 0.0 $110.00 0.0 $80.00 0.0 $75.00 0.0 $65.00 0.0 $65.00 48.0 $4,752.00 $99.00 Total Total Salary 188.0 272.0 312.0 184.0 160.0 176.0 0.0 1292.0 $151,792.00 $117.49Manhours(MH x HR) TOTAL CONTRACT FEE COMPUTATIONS (Check Appropriate Block) SALARY RELATED COSTS:$151,792.00 Initial Estimate MISCELLANEOUS DIRECT COST:$2,409.51 ROADWAY & CIVIL DESIGN (Civil Services, Inc.):$20,255.11 Initial Estimate No. 1 ARCHITECTURAL DESIGN (Dickinson Architects):$9,800.00 LIGHTING DESIGN (Atlanta Consulting Engineers):$3,100.00 Initial Estimate No. _______ SURVEYING (Cranston Engineering Group): $79,500.00 BRIDGE PAINTING (Collins Engineers, Inc.):$- If revised estimate, give reasons for revisions: GEOTECHNICAL (Matrix Engineering Group, Inc.):$10,650.00 PERMITTING (Edwards-Pitman)$- # By attachment, show details of the amount TOTAL ESTIMATED FEE:$277,506.62 of percentage for Cost Elements & Additives. SHEET 1 MISCELLANEOUS DIRECT COST CONSULTANT:CIVIL SERVICES, INC.NAME OF PROJECT:5th Street Bridge PREPARED:5/4/2018 PROJECT NO.:16-247 ITEM DESCRIPTION Travel From: To Project: Per Diem 5 Days x 3 People x $50.00 per diem =$750.00 Comm. Air 0 Trips x 1 People x $500.00 per trip =$0.00 POV 1 Trips x 522 miles x $0.49 per mile =$253.17 Rental 0 Trips x 1 days / trip x $54.00 per day =$0.00 Lodging 1 Nights x 2 People x $150.00 per day =$300.00 To City: Per Diem 0 Trips x 1 People x $50.00 per diem x $0.00 Comm. Air 0 Trips x 1 People x $0.00 per trip =$0.00 POV 2 Trips x 522 miles x $0.49 per mile =$506.34 Rental 0 Trips x 1 days / trip x $54.00 per day =$0.00 Lodging 2 Night x 2 People x $150.00 per day =$600.00 Subtotal:$2,409.51 Other (Specify) Display Boards, Color Aerials & Handouts (for Community Awareness Plan)$0.00 Miscellaneous (Courier, FedEx, etc.)$0.00 TOTAL COST $2,409.51 * MAXIMUM $ 0.485 / MILE SHEET 2 CITY OF AUGUSTA, GEORGIA Design & Field Engineering Services for 5th Street Bridge By: C. Morse Date:4-May-18 Consultant:Civil Services, Inc. Project No.:Project Description:Phase 2 - Roadway Conceptual Design Contract No.: Project Manager Sr. Engineer Engineer Sr. Designer Designer Cadd Technician Clerical Total No. / Activity Manhours Salary Avg. Man Hourly Man Hourly Man Hourly Man Hourly Man Hourly Man Hourly Man Hourly by Costs for Hourly Hours Rate Hours Rate Hours Rate Hours Rate Hours Rate Hours Rate Hours Rate Activity Activity Rate 1.Bridge Assessment A. Discipline Management & Coordination 24.0 $190.00 0.0 $175.00 0.0 $110.00 0.0 $80.00 0.0 $75.00 0.0 $65.00 0.0 $65.00 24.0 $4,560.00 $190.00 B. Traffic Control Analysis 0.0 $190.00 8.0 $175.00 8.0 $110.00 0.0 $80.00 0.0 $75.00 0.0 $65.00 0.0 $65.00 16.0 $2,280.00 $142.50 C. Master TCP Design Files 0.0 $190.00 0.0 $175.00 0.0 $110.00 0.0 $80.00 0.0 $75.00 0.0 $65.00 0.0 $65.00 0.0 $0.00 #DIV/0! D. Temporary Traffic Control Plan Sheets 0.0 $190.00 0.0 $175.00 0.0 $110.00 0.0 $80.00 0.0 $75.00 0.0 $65.00 0.0 $65.00 0.0 $0.00 #DIV/0! E. Make Utility Contacts 0.0 $190.00 8.0 $175.00 8.0 $110.00 0.0 $80.00 0.0 $75.00 0.0 $65.00 0.0 $65.00 16.0 $2,280.00 $142.50 F. Permitting 0.0 $190.00 8.0 $175.00 0.0 $110.00 0.0 $80.00 0.0 $75.00 0.0 $65.00 0.0 $65.00 8.0 $1,400.00 $175.00 G. Cost Estimates 0.0 $190.00 16.0 $175.00 16.0 $110.00 0.0 $80.00 0.0 $75.00 0.0 $65.00 0.0 $65.00 32.0 $4,560.00 $142.50 H. Meetings w/ N. Augusta 0.0 $190.00 8.0 $175.00 0.0 $110.00 0.0 $80.00 0.0 $75.00 0.0 $65.00 0.0 $65.00 8.0 $1,400.00 $175.00 I. Meetings w/City 0.0 $190.00 8.0 $175.00 0.0 $110.00 0.0 $80.00 0.0 $75.00 0.0 $65.00 0.0 $65.00 8.0 $1,400.00 $175.00 J. QA/QC 8.0 $190.00 0.0 $175.00 0.0 $110.00 0.0 $80.00 0.0 $75.00 0.0 $65.00 0.0 $65.00 8.0 $1,520.00 $190.00 0.0 $190.00 0.0 $175.00 0.0 $110.00 0.0 $80.00 0.0 $75.00 0.0 $65.00 0.0 $65.00 0.0 $0.00 #DIV/0! Total Total Salary 32.0 56.0 32.0 0.0 0.0 0.0 0.0 120.0 $19,400.00 $161.67Manhours(MH x HR) TOTAL CONTRACT FEE COMPUTATIONS (Check Appropriate Block) SALARY RELATED COSTS:$19,400.00 Initial Estimate MISCELLANEOUS DIRECT COST:$855.11 Initial Estimate No. 1 Initial Estimate No. _______ TOTAL ESTIMATED FEE:$20,255.11 If revised estimate, give reasons for revisions: # By attachment, show details of the amount of percentage for Cost Elements & Additives. SHEET 1 MISCELLANEOUS DIRECT COST CONSULTANT:CIVIL SERVICES, INC.NAME OF PROJECT:5th Street Bridge PREPARED:04-May-18 PROJECT NO.:16-247 ITEM DESCRIPTION Travel From: To Project: Per Diem 3 Days x 1 People x $50.00 per diem =$150.00 Comm. Air 0 Trips x 1 People x $500.00 per trip =$0.00 POV 0 Trips x 522 miles x $0.49 per mile =$0.00 Rental 0 Trips x 1 days / trip x $54.00 per day =$0.00 Lodging 1 Nights x 1 People x $150.00 per day =$150.00 To City: Per Diem 0 Trips x 1 People x $50.00 per diem x $0.00 Comm. Air 0 Trips x 1 People x $0.00 per trip =$0.00 POV 1 Trips x 526 miles x $0.49 per mile =$255.11 Rental 0 Trips x 1 days / trip x $54.00 per day =$0.00 Lodging 2 Night x 1 People x $150.00 per day =$300.00 Subtotal:$855.11 Other (Specify) Display Boards, Color Aerials & Handouts (for Community Awareness Plan)$0.00 Miscellaneous (Courier, FedEx, etc.)$0.00 TOTAL COST $855.11 * MAXIMUM $ 0.485 / MILE SHEET 2 CITY OF AUGUSTA, GEORGIA Design & Field Engineering Services for 5th Street Bridge By: C. Morse Date:4-May-18 Consultant:Civil Services, Inc. Project No.:Project Description:Phase 3 - Bridge Final Design Contract No.: Project Manager Sr. Engineer Engineer Sr. Designer Designer Cadd Technician Clerical Total No. / Activity Manhours Salary Avg. Man Hourly Man Hourly Man Hourly Man Hourly Man Hourly Man Hourly Man Hourly by Costs for Hourly Hours Rate Hours Rate Hours Rate Hours Rate Hours Rate Hours Rate Hours Rate Activity Activity Rate 1.Final Design A. Discipline Management & Coordination 200.0 $190.00 0.0 $175.00 0.0 $110.00 0.0 $80.00 0.0 $75.00 0.0 $65.00 56.0 $65.00 256.0 $41,640.00 $162.66 B. General Notes 2.0 $190.00 8.0 $175.00 16.0 $110.00 24.0 $80.00 8.0 $75.00 16.0 $65.00 0.0 $65.00 74.0 $7,100.00 $95.95 C. Exist Bridge Plans 2.0 $190.00 2.0 $175.00 2.0 $110.00 0.0 $80.00 0.0 $75.00 4.0 $65.00 0.0 $65.00 10.0 $1,210.00 $121.00 D. Deck Repair Details 4.0 $190.00 40.0 $175.00 64.0 $110.00 32.0 $80.00 40.0 $75.00 48.0 $65.00 0.0 $65.00 228.0 $23,480.00 $102.98 E. Railing Repair Details 4.0 $190.00 40.0 $175.00 72.0 $110.00 48.0 $80.00 56.0 $75.00 16.0 $65.00 0.0 $65.00 236.0 $24,760.00 $104.92 F. Misc. Arch. Details 4.0 $190.00 64.0 $175.00 120.0 $110.00 80.0 $80.00 40.0 $75.00 120.0 $65.00 0.0 $65.00 428.0 $42,360.00 $98.97 G. Girder Repair Details 4.0 $190.00 80.0 $175.00 120.0 $110.00 88.0 $80.00 120.0 $75.00 40.0 $65.00 0.0 $65.00 452.0 $46,600.00 $103.10 H. Joint Repair Details 2.0 $190.00 40.0 $175.00 80.0 $110.00 48.0 $80.00 56.0 $75.00 72.0 $65.00 0.0 $65.00 298.0 $28,900.00 $96.98 I. Span 1 Design 2.0 $190.00 40.0 $175.00 56.0 $110.00 32.0 $80.00 48.0 $75.00 40.0 $65.00 0.0 $65.00 218.0 $22,300.00 $102.29 J. End Bent Design 2.0 $190.00 16.0 $175.00 40.0 $110.00 32.0 $80.00 48.0 $75.00 40.0 $65.00 0.0 $65.00 178.0 $16,340.00 $91.80 K. Cost Estimates 2.0 $190.00 24.0 $175.00 24.0 $110.00 8.0 $80.00 0.0 $75.00 8.0 $65.00 0.0 $65.00 66.0 $8,380.00 $126.97 L. Pier Rehab Details 2.0 $190.00 80.0 $175.00 88.0 $110.00 40.0 $80.00 96.0 $75.00 44.0 $65.00 0.0 $65.00 350.0 $37,320.00 $106.63 M. Meetings w/City 48.0 $190.00 48.0 $175.00 0.0 $110.00 0.0 $80.00 0.0 $75.00 0.0 $65.00 0.0 $65.00 96.0 $17,520.00 $182.50 N. QA/QC 40.0 $190.00 40.0 $8.00 0.0 $110.00 0.0 $80.00 0.0 $75.00 0.0 $65.00 0.0 $65.00 80.0 $7,920.00 $99.00 Total Total Salary 318.0 522.0 682.0 432.0 512.0 448.0 56.0 2970.0 $325,830.00 $109.71Manhours(MH x HR) TOTAL CONTRACT FEE COMPUTATIONS (Check Appropriate Block) SALARY RELATED COSTS:$325,830.00 Initial Estimate MISCELLANEOUS DIRECT COST:$3,882.27 Initial Estimate No. 1 ROADWAY & CIVIL DESIGN (Civil Services, Inc.):$42,340.00 ARCHITECTURAL DESIGN (Dickinson Architects):$33,600.00 LIGHTING DESIGN (Atlanta Consulting Engineers):$23,500.00 SURVEYING (Cranston Engineering Group): $- Initial Estimate No. _______ BRIDGE PAINTING (Collins Engineers, Inc.):$31,460.00 GEOTECHNICAL (Matrix Engineering Group, Inc.):$- PERMITTING (Edwards-Pitman)$27,376.96 If revised estimate, give reasons for revisions: TOTAL ESTIMATED FEE:$487,989.23 MISCELLANEOUS DIRECT COST CONSULTANT:CIVIL SERVICES, INC.NAME OF PROJECT:5th Street Bridge PREPARED:04-May-18 PROJECT NO.:16-247 ITEM DESCRIPTION Travel From: To Project: Per Diem 5 Days x 3 People x $50.00 per diem =$750.00 Comm. Air 0 Trips x 1 People x $500.00 per trip =$0.00 POV 1 Trips x 522 miles x $0.49 per mile =$253.17 Rental 0 Trips x 1 days / trip x $54.00 per day =$0.00 Lodging 5 Nights x 3 People x $150.00 per day =$2,250.00 To City: Per Diem 0 Trips x 1 People x $50.00 per diem x $0.00 Comm. Air 0 Trips x 1 People x $0.00 per trip =$0.00 POV 3 Trips x 20 miles x $0.49 per mile =$29.10 Rental 0 Trips x 1 days / trip x $54.00 per day =$0.00 Lodging 2 Night x 2 People x $150.00 per day =$600.00 Subtotal:$3,882.27 Other (Specify) Display Boards, Color Aerials & Handouts (for Community Awareness Plan)$0.00 Miscellaneous (Courier, FedEx, etc.)$0.00 TOTAL COST $3,882.27 * MAXIMUM $ 0.485 / MILE SHEET 2 CITY OF AUGUSTA, GEORGIA Design & Field Engineering Services for 5th Street Bridge By: C. Morse Date:4-May-18 Consultant:Civil Services, Inc. Project No.:Project Description:Phase 3 - Roadway Final Design Contract No.: Project Manager Sr. Engineer Engineer Sr. Designer Designer Cadd Technician Clerical Total No. / Activity Manhours Salary Avg. Man Hourly Man Hourly Man Hourly Man Hourly Man Hourly Man Hourly Man Hourly by Costs for Hourly Hours Rate Hours Rate Hours Rate Hours Rate Hours Rate Hours Rate Hours Rate Activity Activity Rate 1.Final Design A. Discipline Management & Coordination 24.0 $190.00 0.0 $175.00 0.0 $110.00 0.0 $80.00 0.0 $75.00 0.0 $65.00 0.0 $65.00 24.0 $4,560.00 $190.00 B. Traffic Control Analysis 0.0 $190.00 24.0 $175.00 12.0 $110.00 0.0 $80.00 0.0 $75.00 0.0 $65.00 0.0 $65.00 36.0 $5,520.00 $153.33 C. Master TCP Design Files 0.0 $190.00 8.0 $175.00 16.0 $110.00 8.0 $80.00 0.0 $75.00 0.0 $65.00 0.0 $65.00 32.0 $3,800.00 $118.75 D. Temporary Traffic Control Plan Sheets 0.0 $190.00 8.0 $175.00 16.0 $110.00 16.0 $80.00 0.0 $75.00 0.0 $65.00 0.0 $65.00 40.0 $4,440.00 $111.00 E. Roadway & SPM 0.0 $190.00 16.0 $175.00 24.0 $110.00 20.0 $80.00 0.0 $75.00 0.0 $65.00 0.0 $65.00 60.0 $7,040.00 $117.33 F. Make Utility Contacts 0.0 $190.00 16.0 $175.00 0.0 $110.00 0.0 $80.00 0.0 $75.00 0.0 $65.00 0.0 $65.00 16.0 $2,800.00 $175.00 G. Permitting 8.0 $190.00 0.0 $175.00 0.0 $110.00 0.0 $80.00 0.0 $75.00 0.0 $65.00 0.0 $65.00 8.0 $1,520.00 $190.00 H. Cost Estimates 0.0 $190.00 16.0 $175.00 16.0 $110.00 0.0 $80.00 0.0 $75.00 0.0 $65.00 0.0 $65.00 32.0 $4,560.00 $142.50 I. Meetings w/ N. Augusta 8.0 $190.00 0.0 $175.00 0.0 $110.00 0.0 $80.00 0.0 $75.00 0.0 $65.00 0.0 $65.00 8.0 $1,520.00 $190.00 J. Meetings w/City 16.0 $190.00 0.0 $175.00 0.0 $110.00 0.0 $80.00 0.0 $75.00 0.0 $65.00 0.0 $65.00 16.0 $3,040.00 $190.00 K. QA/QC 16.0 $190.00 0.0 $8.00 0.0 $110.00 0.0 $80.00 0.0 $75.00 0.0 $65.00 0.0 $65.00 16.0 $3,040.00 $190.00 Total Total Salary 72.0 88.0 84.0 44.0 0.0 0.0 0.0 288.0 $41,840.00 $145.28Manhours(MH x HR) TOTAL CONTRACT FEE COMPUTATIONS (Check Appropriate Block) SALARY RELATED COSTS:$41,840.00 Initial Estimate MISCELLANEOUS DIRECT COST:$500.00 Initial Estimate No. 1 Initial Estimate No. _______ TOTAL ESTIMATED FEE:$42,340.00 If revised estimate, give reasons for revisions: # By attachment, show details of the amount of percentage for Cost Elements & Additives. MISCELLANEOUS DIRECT COST CONSULTANT:CIVIL SERVICES, INC.NAME OF PROJECT:5th Street Bridge PREPARED:5/4/2018 PROJECT NO.:16-247 ITEM DESCRIPTION Travel From: To Project: Per Diem 1 Days x 1 People x $50.00 per diem =$50.00 Comm. Air 0 Trips x 1 People x $500.00 per trip =$0.00 POV 0 Trips x 522 miles x $0.49 per mile =$0.00 Rental 0 Trips x 1 days / trip x $54.00 per day =$0.00 Lodging 1 Nights x 1 People x $150.00 per day =$150.00 To City: Per Diem 0 Trips x 1 People x $50.00 per diem x $0.00Comm. Air 0 Trips x 1 People x $0.00 per trip =$0.00 POV 0 Trips x 20 miles x $0.49 per mile =$0.00 Rental 0 Trips x 1 days / trip x $54.00 per day =$0.00 Lodging 2 Night x 1 People x $150.00 per day =$300.00Subtotal:$500.00 Other (Specify) Display Boards, Color Aerials & Handouts (for Community Awareness Plan)$0.00 Miscellaneous (Courier, FedEx, etc.)$0.00 TOTAL COST $500.00 * MAXIMUM $ 0.485 / MILE SHEET 2 Commission Meeting Agenda 6/5/2018 2:00 PM 5th Street over the Savannah River-Bridge Repair and Restoration Department:Engineering Department:Engineering Caption:Motion to approve funding for Preliminary and Final Engineering Phases of Design Consultant Supplemental Agreement to Civil Services, Inc. in the amount of $715,495.85 for 5th Street Bridge over the Savannah River (Bridge Repair and Restoration) as requested by AED. (Approved by Engineering Services Committee May 29, 2018) Background:The 5th Street Bridge over Savannah River (Bridge Repair and Restoration) is a project from the “Approved Investment List” of TIA that was approved by voters of the CSRA in July 31, 2012 referendum. The 5th Street Bridge is a Band 2 project that will begin the existing condition assessment process once approved by the City of Augusta, Georgia Commission. In March 2017, commission approved award of the bridge condition assessment phase of the project to Civil Services, Inc. (CSI). The bridge e xisting condition assessment is completed and warrants preliminary and final design development for bridge repair/restoration. Scope of services includes environmental document, regulatory permitting, field survey work, structural alternatives, geotechnical assessment, architectural design, lighting design and development of final construction plans . Analysis:On March 7, 2017 commission approved the bridge assessment phase of the project that included assessment if structure conditions and structure restoration options. The purpose of this item is to move the project from condition assessment to design and construction. Financial Impact:Funds are available in the TIA project budget. Alternatives:Do not approve and find alternative to complete the project and meet TIA project completion schedule Recommendation:Approve funding for Preliminary and Final Engineering Phases of Design Consultant Supplemental Agreement to Civil Services, Inc. in the amount of $715,495.85 for 5th Street Bridge over the Savannah River (Bridge Repair and Restoration) as requested by AED. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: Project TIA Funds 371-041110-T15041217 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission OFFICIAL VENDORS Technology International, Inc. 1349 S. International Parkway, Suite 2411 Lake Mary, FL 32746 Power & Engergy Services, Inc. PO Box 637 Powder Spring, GA 30127 Hi‐Tech Power Systems, Inc. 2479 Doug Barnard Parkway Augusta, GA 30906 Border States Industries, Inc. (Shealy Electrical) 120 Merovan Drive North Augusta, SC 29860 Attachment B YES YES YES YES Addendum 1NO/NON‐COMPLIANT YES YES YES Addendum 2NO/NON‐COMPLIANT YES YES YES E‐Verify Number EXEMPT 96269 NO/NON‐COMPLIANT 843796 SAVE Form YES YES YES YES Make GENERAC GENERAC GENERAC GENERAC Model 6998 7.5Kw POWEPACT 6998 ATS:RTG16EZA3 MOBILELINK: 6463 6998‐0 Year CURRENT MODEL 2017 & 2018 2017 2017 Price (EA) $3,100.00 $3,147.56 $2,689.00 $2,756.87 Total Price (20 EA) $62,000.00 $62,951.20 $53,780.00 $55,137.40 Pad For Generators (EA) INCLUDED $300.00 $47.00 163.33 (BUILT INTO PRICE ABOVE) Approximate Delivery Time 10‐20 DAYS 2‐6 WKS BASED ON MANUFACTURES STOCK & AVAILIABILITY 6‐8 WKS 6‐8 WKS 7.5kw Generators Total Number Specifications Mailed Out:20 Total Number Specifications Download (Demandstar): 5 Total Electronic Notifications (Demandstar): 102 Mandatory Pre‐Bid/Telephone Conference: NA Total packages submitted: 4 Total Non‐Compliant: 2 Bid Item #17‐285 7.5kw Generators for Augusta, Georgia‐ Utilities Department Bid Date: Tuesday, December 5, 2017 @ 3:00 p.m. Page 1 of 1 Invitation to Bid Sealed bids will be received at this office until Friday, November 17, 2017 @ 11:00 a.m. for furnishing: Bid Item #17-284 Walk Behind Trencher for Augusta, Georgia – Utilities Department Bid Item #17-285 7.5 Kw Generators for Augusta, Georgia – Utilities Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, November 3, 2017 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle October 12, 19, 26, November 2, 2017 Metro Courier October 18, 2017 Commission Meeting Agenda 6/5/2018 2:00 PM Award Bid Item 17-271 for Raw Water Pump #5 Department:Utilities Department:Utilities Caption:Motion to award Bid Item 17-271 for a Replacement Raw Water Pump #5 at Goodrich Street Raw Water Pumping Station to Gicon Pumps & Equipment, Inc. (Approved by Engineering Services Committee May 29, 2018) Background:The Utilities Department has worked with the Procurement Department to solicit bids for a replacement pump for our oldest diesel backup pump at the Goodrich Street Raw Water Pumping Station. The existing pump was installed in the 1970’s and has reached the end of its useful life. The lowest compliant bid for this equipment is from Gicon Pumps & Equipment, Inc. Analysis:Our review of the lowest compliant bid has determined that it meets the specification requirements and the bid amount of $104,916.00 is reasonable. This equipment will improve the reliability of our backup systems for pumping raw water to the Highland Avenue WTP in the event that we are unable to use the canal for pumping energy. Financial Impact:$104,916.00 from budgeted funds Alternatives:Reject the bids received from Bid Item #17-271 Recommendation:We recommend approval of award of this bid item to Gicon Pumps & Equipment, Inc. at a cost of $104,916.00. Funds are Available in the Following Accounts: 506043580-5425110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission OFFICIAL VENDORS Technology International, Inc. 1349 S. International Parkway, Suite 2411 Lake Mary, FL 32746 Power & Engergy Services, Inc. PO Box 637 Powder Spring, GA 30127 Hi-Tech Power Systems, Inc. 2479 Doug Barnard Parkway Augusta, GA 30906 Border States Industries, Inc. (Shealy Electrical) 120 Merovan Drive North Augusta, SC 29860 Attachment B YES YES YES YES Addendum 1 NO/NON-COMPLIANT YES YES YES Addendum 2 NO/NON-COMPLIANT YES YES YES E-Verify Number EXEMPT 96269 NO/NON-COMPLIANT 843796 SAVE Form YES YES YES YES Make GENERAC GENERAC GENERAC GENERAC Model 6998 7.5Kw POWEPACT 6998 ATS:RTG16EZA3 MOBILELINK: 6463 6998-0 Year CURRENT MODEL 2017 & 2018 2017 2017 Price (EA) $3,100.00 $3,147.56 $2,689.00 $2,756.87 Total Price (20 EA) $62,000.00 $62,951.20 $53,780.00 $55,137.40 Pad For Generators (EA) INCLUDED $300.00 $47.00 163.33 (BUILT INTO PRICE ABOVE) Approximate Delivery Time 10-20 DAYS 2-6 WKS BASED ON MANUFACTURES STOCK & AVAILIABILITY 6-8 WKS 6-8 WKS 7.5kw Generators Total Number Specifications Mailed Out:20 Total Number Specifications Download (Demandstar): 5 Total Electronic Notifications (Demandstar): 102 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 4 Total Non-Compliant: 2 Bid Item #17-285 7.5kw Generators for Augusta, Georgia- Utilities Department Bid Date: Tuesday, December 5, 2017 @ 3:00 p.m. Page 1 of 1 Invitation to Bid Sealed bids will be received at this office until Friday, November 17, 2017 @ 11:00 a.m. for furnishing: Bid Item #17-284 Walk Behind Trencher for Augusta, Georgia – Utilities Department Bid Item #17-285 7.5 Kw Generators for Augusta, Georgia – Utilities Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, November 3, 2017 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle October 12, 19, 26, November 2, 2017 Metro Courier October 18, 2017 Commission Meeting Agenda 6/5/2018 2:00 PM Award Bid Item 17-285 for 7.5kw Generators Department:Utilities Department:Utilities Caption:Motion to approve award of Bid Item 17-285 for 7.5kw Generators to Border States Industries. (Approved by Engineering Services Committee May 29, 2018) Background:The Utilities Department has worked with the Procurement Department to solicit bids for 7.5kw Generators, which will be used as back-up control power to our remote locations. The lowest compliant bid for this equipment is from Border States Industries, Inc. Analysis:Our review of the lowest compliant bid has determined that it meets the specification requirements and the bid amount of $55,137.40 is reasonable. This equipment will improve the reliability of our system control network in the event of loss of electrical service. Financial Impact:$55,137.40 from budgeted funds Alternatives:Reject the bids received from Bid Item #17-285 Recommendation:We recommend approval of award of this bid item to Border States Industries, Inc. at a cost of $55,137.40. Funds are Available in the Following Accounts: 506043580-5421110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission OFFICIAL VENDORS Lift Atlanta 1639 Marvin Griffin Road Augusta, GA 30906 Blueline Rental, LLC 826 Chris Drive West Columbia, SC 29169 OER Services 717 S. Vermont Street Palatine, IL 60067 Reliable Equipment 4001 Washington Road Martinez, GA 30907 United Rentals (North America), Inc. 2425 Mike Padgett Highway Augusta, GA 30906 Attachment B YES YES YES YES YES E‐Verify Number 362984 44490 Non-Compliant 911218 234401 SAVE Form YES Non-Compliant YES YES YES Year 2017 2017 NEW 2017 2018 Make GENIE GENIE GENIE GENIE GENIE Model GTH363T4F GTH636T4F GTH636 GTH636 GTH636 Bid Price (Each) $81,756.00 $77,865.77 $79,679.00 $79,850.00 $75,957.00 Proposed Delivery Time 9 WEEK ARO 12 WEEKS ARO 6 WEEKS ARO 8 WEEKS ARO 35‐42 DAY ARO Rough Terrain Telescopic Forklift: Total Number Specifications Mailed Out: 11 Total Number Specifications Download (Demandstar): 6 Total Electronic Notifications (Demandstar): 10 Mandatory Pre‐Bid/Telephone Conference: NA Total packages submitted: 5 Total Non‐Compliant: 2 Bid Item #17‐290 Rough Terrain Telescopic Forklift for Augusta, Georgia‐ Utilities Department Bid Date: Thursday, November 30, 2017 @3:00 p.m. Page 1 of 1 Invitation to Bid Sealed bids will be received at this office until Friday, November 17, 2017 @ 11:00 a.m. for furnishing: Bid Item #17-284 Walk Behind Trencher for Augusta, Georgia – Utilities Department Bid Item #17-285 7.5 Kw Generators for Augusta, Georgia – Utilities Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, November 3, 2017 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle October 12, 19, 26, November 2, 2017 Metro Courier October 18, 2017 Commission Meeting Agenda 6/5/2018 2:00 PM Award Bid Item 17-290 for a Rough Terrain Telescopic Forklift Department:Utilities Department:Utilities Caption:Motion to award Bid Item 17-290 for a Rough Terrain Telescopic Forklift to United Rentals. (Approved by Public Safety Committee May 29, 2018) Background:The Utilities Department has worked with the Procurement Department to solicit bids for a Rough Terrain Telescopic Forklift for use by our maintenance group. The lowest compliant bid for this equipment is from United Rentals (North America), Inc. Analysis:Our review of the lowest compliant bid has determined that it meets the specification requirements and the bid amount of $75,957.00 is reasonable. This equipment will be used for movement of materials and equipment on rough terrain and in hard to reach locations. Financial Impact:$75,957.00 from budgeted funds Alternatives:Reject the bids received from Bid Item #17-290 Recommendation:We recommend approval of award of this bid item to United Rentals (North America), Inc. at a cost of $75,957.00. Funds are Available in the Following Accounts: 506043580-5422510 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission OFFICIAL Bid Item #17‐291 Computer Server for Augusta, Georgia‐ Utilities Department Bid Date: Tuesday, December 5, 2017 @ 11:00 a.m. VENDORS InSource Software Solutions, Inc. 11321 Business Center Drive Richmond, VA 23236 Attachment BYES E‐Verify Number 336016 SAVE Form YES Make STRATUS Model 2810 FT SERVER Computer Server Price (EA) $30,543.00 Extended Cost (2 EA) $61,086.00 Cost of Annual Service For Maintenance (EA)$4,100.00 Onsite Setup (EA) $3,695.00 Onsite Setup (2 EA) $7,390.00 Computer Server for Scada Operations: Total Number Specifications Mailed Out:13 Total Number Specifications Download (Demandstar): 11 Total Electronic Notifications (Demandstar): 187 Mandatory Pre‐Bid/Telephone Conference: NA Total packages submitted: 1 Total Non‐Compliant: 0 Optional Items: Page 1 of 1 Invitation to Bid Sealed bids will be received at this office until Tuesday, December 5, 2017 @ 11:00 a.m. for furnishing: Bid Item #17-291 Computer Server for Augusta, GA – Utilities Department Bid Item #17-293 Thin Clients for Augusta, GA – Utilities Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, November 14, 2017 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle October 19, 26, November 2, 9, 2017 Metro Courier October 25, 2017 Commission Meeting Agenda 6/5/2018 2:00 PM Award Bid Item 17-291 for SCADA Computer Server Department:Utilities Department:Utilities Caption:Motion to award Bid Item 17-291 for SCADA Computer Server to Insource Solutions. (Approved by Engineering Services Committee May 29, 2018) Background:The Utilities Department has worked with the Procurement Department to solicit bids for two computer servers for our Supervisory Control and Data Acquisition (SCADA) system. The only bid for this equipment is from Insource Software Solutions, Inc. Analysis:Our review of the bid has determined that it meets the specification requirements and the bid amount of $61,086.00 for the two servers and $7,390 for onsite setup and is reasonable (total installed cost $68,476.00). This equipment will be used to improve the speed and reliability of our SCADA network. In addition, we recommend adding the annual service and maintenance of these servers to our existing service agreement at an annual cost of $4,100.00. Financial Impact:$68,476.00 from budgeted funds for this purchase plus the annual service and maintenance agreement cost of $4,100.00. Alternatives:Reject the bids received from Bid Item #17-291 Recommendation:We recommend approval of award of this bid item to Insource Software Solutions, Inc. at a cost of $68,476.00 plus the annual service and maintenance agreement cost of $4,100.00. Funds are Available in the Following Accounts: 506043580-5424910 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 6/5/2018 2:00 PM Camilla Avenue Traffic Information Update Department:Engineering Department:Engineering Caption:Motion to approve placing Camilla Avenue at the top of the list to make the repairs to the portion of the road in Richmond County and contacting Columbia County about making repairs to their portion of the road so that the work could all be done at the same time. (Approved by Engineering Services Committee May 29, 2018) Background:N/A Analysis:N/A Financial Impact:N/A Alternatives:N/A Recommendation:N/A Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Committee Meeting Date: Commission Meeting Date: Agenda Item Number: Approval Letter Date: Entered into the MuniAgenda by/date DATE: May 17, 2018 TO: The Honorable Hardie Davis, Jr.,Mayor Members of the Commission William Fennoy, Chairman, Engineering Services Committee THROUGH: Janice Jackson, Administrator FROM: Hameed Maik, Ph.D., PE, Director of Engineering SUBJECT: Construction Services for Hiers Pond and Lake Aumond Sediment Dredging and Disposal RFP ITEM #17-301 File Reference: 18-014 (A) CAPTION: Approve supplemental funding of current Sediment Dredging and Disposal Construction Services Two-Phase Contract (Phase 1 (Heirs Pond) and Phase 2 (Lake Aumond) in the amount of $1million. Also Authorize executing Phase 2 (Lake Aumond) of the current contract. RFP 17-301 BACKGROUND: On March 6, 2018, Augusta Commission awarded Sediment Dredging and Disposal Construction Services Two-Phase Contract (Phase 1 (Heirs Pond) and Phase 2 (Lake Aumond) to Waterfront Property Services, LLC dba Gator Dredging and authorize funding for executing Phase 1 (Hiers) of the project. AED recently secured Section 404 of the Clean Water Act required individual permit for Hiers Pond and Lake Aumond. Natural degradation and years of development upstream of Hiers Pond and Lake Aumond (water bodies) has caused them to become silted and overgrown with aquatic weeds and other evasive plant species, thus negatively impacting visual appeals and storm water retention capabilities. The proposed dredging will return water bodies to their near original contours while improving water retention and visual appeal. AED is completing this work in two phases. First Phase (Phase1) is under construction and includes preparation of disposal area and dredging of Hiers Pond. Second Phase (Phase2) will commence after completion of Phase1. Phase2 includes dredging of Lake Aumond. Agenda Item May 17, 2018 Page 2 ANALYSIS: Dredging of Hiers Pond (Phase 1 construction) is in progress and should be completed tentatively in July, weather permitting. It is critical to commence Phase 2 dredging soon after. Adding supplement funds to current purchase order in timely manner is cost effective way to complete Lake Aumond dredging and avoid 2nd mobilization expenses. FINANCIAL IMPACT: Funds are available in Engineering Stormwater Services Program - Grading and Drainage (Stormwater) SPLOST account. ALTERNATIVES: Do not approve and find alternative to complete the project. RECOMMENDATION: Approve supplemental funding of current Sediment Dredging and Disposal Construction Services Two-Phase Contract (Phase 1 (Heirs Pond) and Phase 2 (Lake Aumond) in the amount of $1million. Also Authorize executing Phase 2 (Lake Aumond) of the current contract. RFP 17-301. REQUESTED AGENDA DATE: Committee Meeting: May 29, 2018 Commission Meeting: June 6, 2018 FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: SPLOST–Grading and Drainage (Stormwater) FY18 allocation 329-041110-5414110/216829903-5414110 HM/vj cc: Assistant Director of Engineering Agenda File and Main File Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby amended: Section 1: The project is authorized to CPB#329-041110-216829903. This request is the Supplemental Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. 2,000,000$ 1,000,000$ 3,000,000$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Honorable Hardie Davis, Mayor CAPITAL PROJECT BUDGET CPB#329041110/54.14110 Hiers Pond and Lake Aumond Sediment Dredging and Disposal (Bid 17-301) SUPPLEMENTAL SERVICES - PHASE 2 funding Sediment Dredging and Disposal Construction Services Two-Phase Contract (Phase 1 Hiers Pond) and Phase 2 (Lake Aumond) to Waterfront Property Services, LLC dba Gator Dredging in the amount of $1,000,000.00. Funding is available in SPLOST Grading and Drainage (Stormwater) FY2018 allocation funds. Grading and Drainage (Stormwater) SPLOST Ph VII Grading and Drainage (Stormwater) SPLOST Ph VII 1.14.2015 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET CPB#329041110/54.14110 Hiers Pond and Lake Aumond Sediment Dredging and Disposal (Bid 17-301) SUPPLEMENTAL SERVICES - PHASE 2 CPB AMOUNT CPB New SOURCE OF FUNDS CPB Addition CPB Grading and Drainage (Stormwater) SPLOST PHASE VII ($2,000,000) ($1,000,000) ($3,000,000) TOTAL SOURCES: ($2,000,000) ($1,000,000) ($3,000,000) USE OF FUNDS ENGINEERING 329-041110-5414110/216829903 $2,000,000 $1,000,000 $3,000,000 TOTAL USES: $2,000,000 $1,000,000 $3,000,000 1.14.2015 Request for Proposal Request for Proposals will be received at this office until Thursday, December 14, 2017 @ 3:00 p.m. for furnishing: RFP Item # 17-301 Construction Services for Hiers Pond and Lake Aumond Sediment Dredging and Disposal for the Augusta, GA – Engineering 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 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers exclusively from Augusta Blue Print. The fees for the plans and specifications which are non-refundable is $80.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.augustablue.com) at no charge through Augusta Blue Print (706 722-6488) beginning Tuesday, November 14, 2017. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. A Pre Proposal Conference will be held on Thursday, November 30, 2017 @10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. A Site Visit will follow. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, December 1, 2017, @ 5:00 P.M. No RFP will be accepted by fax, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of 90 days after bids have been opened, pending the execution of contract with the successful bidder(s). A 10% Bid Bond is required to be submitted along with the bidders’ qualifications; 100% performance bond and a 100% payment bond will be required for award. Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for proposal including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the envelope. 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 his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: OFFICIAL VENDORS Attachment "B"E-Verify SAVE Form Bid Bond Original 7 Copies Fee Proposal Compliance Review Waterfront Property Servce, LLC dba Gator Dredging 13630 50th Way North Clearwater, FL 33760 YES 976491 YES YES YES YES YES YES Beam's Contracting, Inc. 15030 Atomic Road Beach Island, SC 29842 YES 167300 YES YES YES YES YES YES Reeves & Young, LLC 45 Peachtree Industrial Blvd Suite 200 Sugar Hill, GA 30518 YES 886774 YES YES YES YES YES YES RFP Item# 17-301 Construction Services for Hiers Pond and Lake Aumond Sediment Dredging and Disposal for the Augusta, GA – Engineering Department RFP Due: Thursday, December 14, 2017 @ 3:00 p.m. Total Number Specifications Mailed Out: 4 Total Number Specifications Download (Demandstar): NA Total Electronic Notifications (Demandstar):NA Pre Proposal Conference Attendees: 8 Total packages submitted: 3 Total Noncompliant: Page 1 of 1 Waterfront Property Services, LLC dba Gator Dredging 13630 50th Way North Clearwater, FL 33760 Beam's Contracting, Inc. 15030 Atomic Road Beach Island, SC 29842 Reeves & Young, LLC 45 Peachtree Industrial Blvd Suite 200 Sugar Hill, GA 30518 Waterfront Property Services, LLC dba Gator Dredging 13630 50th Way North Clearwater, FL 33760 Beam's Contracting, Inc. 15030 Atomic Road Beach Island, SC 29842 Reeves & Young, LLC 45 Peachtree Industrial Blvd Suite 200 Sugar Hill, GA 30518 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 PASS PASS 2. Qualifications & Experience (0-5)20 5 2.5 3 100 50 60 3. Organization & Approach (0-5)15 5 3.5 4 75 52.5 60 4 A Scope of Services • Proposed scope of services appropriate for all phases of the work. • Completion of all construction dredging activities per Project Dredging plans. • Dredging and disposal process compliance with 404 individual permit conditions. • Approach resolving dredging/construction conflicts or problems. B Project Deliverables scope set forth in above requirements. C. Cost Control and Budgeting Methodology cost and budget. similar project/service.) (0-5)15 4.5 3 3 67.5 45 45 5. Schedule of Work (0-5)10 5 4 2 50 40 20 0 0 0 Within Richmond County 5 10 0 0 0 Within CSRA 5 6 5 0 30 0 Within Georgia 5 4 5 0 0 20 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 5 10 0 0  All Others 5 1 0 0 0 7. References (0-5)5 5 5 5 25 25 25 24.5 18 17 327.5 242.5 230 8. Presentation by Team (0-5)10 0 0 0 9. Q&A Response to Panel Questions (0-5)5 0 0 0 0 0 0 Lowest Fees 5 10 5 0 0 50 Second 5 6 5 30 0 0 Third 5 4 5 0 20 0 Forth 5 2 0 0 0 Fifth 5 1 0 0 0 Total Phase 2 5 5 5 30 20 50 357.5 262.5 280 Evaluation Sheet for RFP #17-301 Construction Services for Hiers Pond and Lake Aumond Sediment Dredging and Disposal for the Augusta, GA – Engineering Department Evaluation Meeting: Wednesday, January 10, 2018 @ 10:00 a.m. Vendors Phase 2 (Option - Numbers 8-9) Procurement DepartmentRepresentative:___________Nancy Williams__________________________________ Evaluator: Cumulative Date: 1/10/18 Total (Total Possible Score 750) Ranking of 0-5 (Enter a number value between 0 and 5) 6. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Weighted Scores Phase 1 Total - (Total Maximum Ranking 25 - Maximum Weighted Total Possible 375) Phase 1 Scale 0 (Low) to 5 (High) Procurement Department Completion Date: 1/10/18 Internal Use Only Total Cumulative Score (Maximum point is 500) 10. 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) Waterfront Property Services, LLC dba Gator Dredging 13630 50th Way North Clearwater, FL 33760 Beam's Contracting, Inc. 15030 Atomic Road Beach Island, SC 29842 Reeves & Young, LLC 45 Peachtree Industrial Blvd Suite 200 Sugar Hill, GA 30518 Dredge America, Inc. 9555 NW Highway N Kansas City, MO 64153 RFP Item #17-301 Construction Services for Heirs Pond and Lake Aumond Sediment Dredging and Disposal For Engineering Department Mailed Out 11/14/17 RFQ Item #17-247 Construction Services for Heirs Pond and Lake Aumond Sediment Dredging and Disposal For Engineering Department Bid Due: Fri. 12/14/17@ 3:00 P.M. Abie Ladson Engineering Department Kellie Irving Compliance Department Hameed Malik Engineering Department Commission Meeting Agenda 6/5/2018 2:00 PM Hiers Pond and Lake Aumond Sediment Dredging and Disposal Department:Engineering Department:Engineering Caption:Motion to approve supplemental funding of current Sediment Dredging and Disposal Construction Services Two-Phase Contract Phase 1 (Heirs Pond) and Phase 2 (Lake Aumond) in the amount of $1 million. Also Authorize executing Phase 2 (Lake Aumond) of the current contract. RFP 17-301. (Approved by Engineering Services Committee May 29, 2018) Background:On March 6, 2018, Augusta Commission awarded Sediment Dredging and Disposal Construction Services Two-Phase Contract (Phase 1 (Heirs Pond) and Phase 2 (Lake Aumond) to Waterfront Property Services, LLC dba Gator Dredging and authorize funding for executing Phsae 1 (Hiers) of the project. AED recently secured Section 404 of the Clean Water Act required individual permit for Hiers Pond and Lake Aumond. Natural degradation and years of development upstream of Hiers Pond and Lake Aumond (water bodies) has caused them to become silted and overgrown with aquatic weeds and other evasive plant species, thus negatively impacting visual appeals and storm water retention capabilities. The proposed dredging will return water bodies to their near original contours while improving water retention and visual appeal. AED is completing this work in two phases. First Phase (Phase1) is under construction and includes preparation of disposal area and dredging of Hiers Pond. Second Phase (Phase2) will commence after completion of Phase1. Phase2 includes dredging of Lake Aumond. Analysis:Dredging of Hiers Pond (Phase 1 construction) is in progress and should be completed tentatively in July, weather permitting. It is critical to commence Phase 2 dredging soon after. Adding supplement funds to current purchase order in timely manner is cost effective way to complete Lake Aumond dredging and avoid 2nd mobilization expenses. Financial Impact:Funds are available in Engineering Stormwater Services Program -Grading and Drainage (Stormwater) SPLOST account. Alternatives:Do not approve and find alternative to complete the project. Recommendation:Approve supplemental funding of current Sediment Dredging and Disposal Construction Services Two-Phase Contract (Phase 1 (Heirs Pond) and Phase 2 (Lake Aumond) in the amount of $1 million. Also Authorize executing Phase 2 (Lake Aumond) of the current contract. RFP 17-301. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: SPLOST–Grading and Drainage (Stormwater) FY18 allocation: 329-041110-5414110/216829903-5414110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission 1 APAC Industrial Way Post Office Box 1129 Augusta, Georgia 30907 Reeves Construction Company Augusta, Georgia 30903 Phone: (706) 731-5230 East Region Office Facsimile: (706) 731-8620 ────────────────────────────────────────────────────────────────────────────────── ─────────────────────────────────────────────────────── Augusta Plant 602: (706) 731-8616 ● Grovetown Plant 603: (706) 854-9300 Statesboro Plant 801: (912) 681-2992 ● Millen Plant 804: (478) 982-4977 Statesboro Office Phone: (912) 681-1491 Facsimile: (912) 681-1887 January 31, 2018 Mr. Anthony Taylor Augusta Engineering Department 452 Walker St. Suite 110 Augusta, GA 30901 Reference: Bid Item 17-243 Resurfacing Various Roads Center West Pkwy & Olive Rd. Resurfacing Dear Mr. Taylor, Thank you for requesting Reeves Construction to provide pricing to resurface Center West Pkwy and Olive Rd. as part of the referenced project currently under contract. In pricing these roads we have quoted alternates for 19mm and OGI as we did for the original contract. Our quote is as follows: Center West Parkway DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT TRAFFIC CONTROL 1 LS 41,810.00$ 41,810.000$ RAC 9.5 MM SP TP 2 INC BM & HL 610 TN 68.00$ 41,480.000$ BITUM TACK COAT 1,500 GA 5.00$ 7,500.000$ MIL ASPH CONC PVMNT, VAR DEP 7,500 SY 3.00$ 22,500.000$ 113,290.000$ DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT RAC 19 MM SP TP 2 INC BM & HL 820 TN 60.00$ 49,200.000$ 162,490.000$ DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT RAC OGI INC BM & HL 330 TN 98.00$ 32,340.000$ 145,630.000$ BASE BID ALTERNATE 1 - 19MM LEVELING ALTERNATE 2 - OGI LEVELING ALTERNATE 2 BID TOTAL ALTERNATE 1 BID TOTAL SUBTOTAL 1 APAC Industrial Way Post Office Box 1129 Augusta, Georgia 30907 Reeves Construction Company Augusta, Georgia 30903 Phone: (706) 731-5230 East Region Office Facsimile: (706) 731-8620 ────────────────────────────────────────────────────────────────────────────────── ─────────────────────────────────────────────────────── Augusta Plant 602: (706) 731-8616 ● Grovetown Plant 603: (706) 854-9300 Statesboro Plant 801: (912) 681-2992 ● Millen Plant 804: (478) 982-4977 Statesboro Office Phone: (912) 681-1491 Facsimile: (912) 681-1887 Olive Rd. DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT TRAFFIC CONTROL 1 LS 119,985.00$ 119,985.000$ RAC 9.5 MM SP TP 2 INC BM & HL 2,950 TN 64.00$ 188,800.000$ BITUM TACK COAT 2,500 GA 5.00$ 12,500.000$ RUMBLE STRIPES (7'X11') 4 EA 750.00$ 3,000.000$ MIL ASPH CONC PVMNT, VAR DEP 39,500 SY 1.60$ 63,200.000$ CURB CUT WHEELCHAIR RAMP, TYPE A 27 EA 1,800.00$ 48,600.000$ RECYCLED ASPHALT PATCHING 1,500 TN 120.00$ 180,000.000$ ADJUST WATER VALVE TO GRADE 12 EA 35.00$ 420.000$ ADJUST MANHOLE TO GRADE 26 EA 65.00$ 1,690.000$ LOOP DETECTOR 3 EA 2,400.00$ 7,200.000$ THERMO SK STRIPE, 5 IN, WHITE 100 GLF 0.28$ 28.000$ THERMO ARROW, TP 2 11 EA 75.00$ 825.000$ THERMO WORD ,TP1 1 EA 150.00$ 150.000$ THERMO CROSSING SYMBOL 4 EA 450.00$ 1,800.000$ THERMO SD STRIPE, 5 IN, WHITE 500 LF 0.42$ 210.000$ THERMO SD, 5IN DOUBLE YELLOW 1,375 LF 0.84$ 1,155.000$ THERMO SD STRIPE, 5 IN, YELLOW 18,000 LF 0.42$ 7,560.000$ THERMO SP STRIPE, 5 IN, YELLOW 18,000 GLF 0.28$ 5,040.000$ THERMO TRAFFIC STRIPING, WHITE 85 SY 10.00$ 850.000$ THERMO TRAFFIC STRIPING, YELLOW 97 SY 10.00$ 970.000$ THERMO PVMT MARKING, STOP BAR 208 LF 7.50$ 1,560.000$ CONC CURB & GUTTER,REPAIR 3,000 LF 28.00$ 84,000.000$ SIDEWALK 1,000 SY 32.00$ 32,000.000$ 761,543.000$ DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT RAC 19 MM SP TP 2 INC BM & HL 4,100 TN 57.00$ 233,700.000$ 995,243.000$ DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT RAC OGI INC BM & HL 1,645 TN 93.00$ 152,985.000$ 914,528.000$ BASE BID ALTERNATE 1 - 19MM LEVELING ALTERNATE 2 - OGI LEVELING ALTERNATE 2 BID TOTAL ALTERNATE 1 BID TOTAL SUBTOTAL 1 APAC Industrial Way Post Office Box 1129 Augusta, Georgia 30907 Reeves Construction Company Augusta, Georgia 30903 Phone: (706) 731-5230 East Region Office Facsimile: (706) 731-8620 ────────────────────────────────────────────────────────────────────────────────── ─────────────────────────────────────────────────────── Augusta Plant 602: (706) 731-8616 ● Grovetown Plant 603: (706) 854-9300 Statesboro Plant 801: (912) 681-2992 ● Millen Plant 804: (478) 982-4977 Statesboro Office Phone: (912) 681-1491 Facsimile: (912) 681-1887 Thank you for the opportunity to quote this additional work. If you have any question please feel free to give me a call. Respectfully submitted, REEVES CONSTRUCTION COMPANY Greg Hamilton, PE East Region Estimator Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby authorized: Section 1: The Supplemental Contract is authorized to award Construction Contract to Reeves Construction Co. in the amount of $1,060,158.00 for Resurfacing Olive Road (Gordon Hwy to White Road) and Center West Parkway (Sherwood Dr. - Bertram Rd). Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. LMIG Funds (2015)1,570,688$ LMIG Funds (2017)979,982$ LMIG 10% Match (TIA Discretionary)255,067$ SPLOST VII (Resurfacing)750,000$ TIA Discretionary Funds 1,404,054$ LMIG 2018 1,060,158$ 6,019,949$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department Honorable Hardie Davis, Jr., Mayor Funding available in LMIG 2018. CPB#N/A CAPITAL PROJECT BUDGET RESURFACING VARIOUS ROADS SUPPLEMENTAL CONSTRUCTION CONTRACT BID 17-243 1 of 2 10.18.2017 Augusta-Richmond County, Georgia CPB#N/A CAPITAL PROJECT BUDGET RESURFACING VARIOUS ROADS CPB AMOUNT CPB NEW SOURCE OF FUNDS ADDITION CPB LMIG FUNDS (2015)($1,570,688)($1,570,688) LMIG FUNDS (2017)($979,982)($979,982) LMIG 10% MATCH ($255,067)($255,067) (TIA DISCRETIONARY) SPLOST VII (Resurfacing)($750,000)($750,000) TIA DISCRETIONARY FUNDS ($1,404,054)($1,404,054) LMIG 2018 ($1,060,158)($1,060,158) TOTAL SOURCES:($4,959,791)($1,060,158)($6,019,949) USE OF FUNDS LMIG FUNDS (2015)$1,570,688 $1,570,688 LMIG FUNDS (2017)$979,982 $979,982 LMIG 10% MATCH $255,067 $255,067 (TIA DISCRETIONARY) SPLOST VII (Resurfacing)$750,000 $750,000 TIA DISCRETIONARY FUNDS $1,404,054 $1,404,054 LMIG 2018 $1,060,158 $1,060,158 TOTAL USES:$4,959,791 $1,060,158 $6,019,949 2 of 2 10.18.2017 OFFICIAL VENDORS Attachment "B" Addendum 1 E-Verify SAVE Form Bid Bond Bid Price C&H Paving 204 Main Street Thomson, GA 30824 YES YES 190714 YES YES $4,979,519.74 ER Snell Contractors 1785 Oak Road Snellville, GA 30078 YES YES 22114 YES YES 5,688,608.21 / Non-Compliant Beam's Contracting 15030 Atomic Road Beech Island, SC 29842 YES YES 167300 YES YES $5,587,839.08 Reeves Construction 1 Apac Industrial Way Augusta, GA 30907 YES YES 48048 YES YES $4,959,790.31 Total Number Specifications Mailed Out: 13 Total Number Specifications Download (Demandstar): 3 Total Electronic Notifications (Demandstar): 245 Mandatory Pre-Bid Attendees: 11 Total packages submitted: 4 Total Noncompliant: 1 Bid Opening for Bid Item #17-243 Resurfacing Various Roads (Boykin Road, Richmond Hill, Old Waynesboro Road, and Gardeners Mill Road) for Augusta, GA Engineering Department Bid Date:Thursday, September 7, 2017 @ 3:00 p.m. The following Vendor was deemed Non-Compliant by the Compliance Department: ER Snell Page 1 of 1 Invitation to Bid Sealed bids will be received at this office until Thursday, September 7, 2017 @ 3:00 p.m. for furnishing: Bid Item #17-243 Resurfacing Various Roads (Boykin Road, Richmond Hill, Old Waynesboro Road, and Gardeners Mill Road) for Augusta Engineering Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime contractors, subcontractors and suppliers exclusively from ARC. The fees for the plans and specifications which are non-refundable are $50.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.e-arc.com) at no charge through ARC Southern (706 821-0405) beginning Thursday, July 27, 2017. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that acquisition of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre Bid Conference will be held on Tuesday, August 22, 2017 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Thursday, August 24, 2017 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. A 10% Bid Bond is required to be submitted along with the bidders’ qualifications; a 100% performance bond and a 100% payment bond will be required for award. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle July 27, August 3, 10, 17, 2017 Metro Courier August 2, 2017 Commission Meeting Agenda 6/5/2018 2:00 PM Resurfacing Various Roads (Supplement Olive Rd and Center West Parkway) Department:Engineering Department:Engineering Caption:Motion to approve to Supplement Construction Contract with Reeves Construction Co. in the amount of $1,060,158.00 to cover additional cost for Resurfacing Olive Road (Gordon Hwy to White Rd.) and Center West Parkway (Sherwood Dr. – Bertram Rd.) as requested by AED. Bid: 17-243. (Approved by Engineering Services Committee May 29, 2018) Background:Currently, Reeves Construction is under contract with Augusta, GA for resurfacing of four roads (Old Waynesboro Rd, Richmond Hill Road, Boykin Road and Gardeners Mill Road). The Augusta Commission awarded this contract on November 21, 2017. As additional funding becomes available, AED includes additional roads to resurfacing contract. AED identified Olive Road and Center West Parkway are in need of resurfacing and can be resurfaced this year if funding becomes available. AED submitted FY 2018 Local Maintenance and Improvement Grant (LMIG) funding request to GDOT for maintenance resurfacing and road way improvements construction. GDOT approved the request and provided requested funds. Analysis:Reeves Construction Company is currently under contract with Augusta, GA/Augusta Engineering for road resurfacing work and the cost provided of $1,060,158.00. This cost was analyzed and determined to be reasonable and cost effective for the type of work being performed. Financial Impact:FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: FY2018 LMIG Alternatives:Do not approve and complete the work at later time. Recommendation: Approve to Supplement Construction Contract with Reeves Construction Co. in the amount of $1,060,158.00 to cover additional cost of Resurfacing Olive Road (Gordon Hwy to White Rd.) and Center West Parkway (Sherwood Dr. – Bertram Rd.) as requested by AED. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: FY2018 LMIG REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda Commission Chamber - 5tl5t20l8 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Jefferson, Guilfoyle, Sias, Frantom, M. Williams, Davis, Fennoy, D. Williams, Hasan and Smith, members of Augusta Richmond County Commission. INVOCATION: The Very Reverend Billy J. Alford, Rector St. Alban's Episcopal Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. PRESENTATION(S) A. Depot Development Project Update. (Requested by Mayor Hardie Davis) Item Action: None lB Mavor Davis 5.15.18 Deoot Proiect Update.odf Motions Motion Motion TextType Unanimous consent is given to delete this item from the agenda. Five (5) minute time limit per deleeation DELEGATIONS B. Mr. Moses Todd regarding Storm Water B l\Ioses Todd Storm Water.odf lB ItemAonrovalsheet.html Motions Motion Motion Textrype Made Seconded Motion By By Result Item Action: None Made By Seconded By Motion Result Presentation is made by Mr. Todd. CONSENT AGENDA (Items 1-33) PLANNING l. Z-18-19 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve with the conditions stated below a petition by Jeb Action: Boggus, on behalf of Three Wells Ranch LLC, requesting a Special Approved Exception to establish a private non-profit club per Section 26-1(i) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing approximately 5lacres and known as part of 4792 and 4798 McCombs Road. Part of Tax Maps 354-0-008-01-0 and 368-0-001-00-0 DISTRICT 8 1. Issuance of development permits shall be contingent upon submission of plans meeting all applicable development regulations. Development plans shall conform substantialty to the conceptual site plan submitted and approved during the zoning action. 2. Outdoor activities related to this request shall cease by 11:00 pm.3.The applicant shall provide a minimum of five (5) off-street parking spaces within 300' of the proposed development. While hunting, fishing and other sporting activities are permitted uses, such activities must be carried out in accordance with all applicable state and local regulations regarding safety and licensure. B z-1E-19.pdf B ItemAnorovalsheet.html Motions Motion Motion Textrype seconded By Motion ResultMade By ^ - __-.__- Motion to approve. Commissioner CommisionerApprove iviotion passes 10-0. Marion williams sean p.arrtori Passes 2. Z'18-20 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve with the conditions stated below a petition by Megan Action:Alig, on behalf of Creative Cuisine LLC, requesting a change of zoning from Approved Zone R-lC (One-family Residential) to Zone P-l (Professional) affecting property containing 0.07 acres and known as 410 Eve Street. Tax Map 035-2- 331-00-0 DISTRICT 1 l. Customer visitations must be appointment-based, and meals shall not be available for on-premise consumption. 2. No classes, other than those for children, are pennitted on the premises. 3. Off-street loading shall be conducted within the site, and is prohibited in any adjoining ROW. 4. Outdoor storage shall be prohibited with exception given to waste- handling containers, which shall be county-issued, and limited to a maximum of 4 containers. E z-1E-20.ndf lB ItemAoorovalsheet.html Motions Motion Motion Textrype B z-lE-2l.pdf tB ltemApprovalsheet.html Motions Motion Motion Textrype seconded By f;ffIMade By a _----.___- Motion to approve. Commisioner CommissionerApprove : ;-.:--- ^ --"-; ^-^ ;-^-^--'---^--^ ---"'^-:""':"-' Passes^ -rr--'- Motion Passes 10-0. Sean Frantom Mary Davis 3. Z-18-21 - A request for conculrence with the Augusta Georgia Planning Item Commission to approve with the conditions stated below a petition by Action: Helena Springs LLC requesting a change of zoning from Zone A Approved (Agriculture) and Zone R-38 (Multiple-famity Residential) to Zone R-38 affecting property containing approximately 14.0 acres and known as 3312 Helena Springs Court. Tax Map 030-0-019-02-0 DISTRICT 3 1. Issuance of development permits shall be contingent upon submission of plans meeting all applicable development regulations. 2. Provide a recreational space that is consistent with features illustrated in the plan received on April 6, 2018. 3. Provide emergency access lane from the parking lot of the proposed development to Arabian Horse Road. Made By Seconded By Motion Result ^ Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. Sean Frantom Mary Davis Passes 4, Z'18-22 - A request for concurrence with the Augusta Georgia Planning ltem Commission to approve with the conditions stated below a petition by West Action: Fraser requesting a change of zoning from Zone A (Agriculture) to Zone HI Approved(Heavy Industry) to expand an existing saw milt affecting property containing approximately 37.2 acres and known as 4206 Mike PadgettHighway. Tax Map 200-0-012-00-0 DTSTRICT 1 I . Issuance of development permits shall be contingent upon submission development plans meeting all applicable development regulations. 2. The use shall be conducted in accordance with all state and local environmental regulations, including, but not limited to, those pertaining to air and water quality. B z-lE-Z2.odf lB ItemAoorovalsheet.html Motions Motion Motion Textrype Made By Seconded By Motion Result a, _ _ __- Motion to approve. Commisioner CommissionerApprove :';"::"" l" "PptYI"^ \-ommrsroner ::-Tttloner Passes-'rr^-'- Motion Passes 10-0. Sean Frantom Mary Davis 5. Z-18-23 - A request for concurence with the Augusta Georgia Planning ltem Commission to approve with the conditions stated below a petition by Action: Johnson Laschober and Associates, on behalf of CDM Southeast Inc., Approved requesting to amend the conditions in an R-3B (Multiple-family Residential) Zone (Z-17-37) affecting property containing 9.5 acres and known as 1923 Barton Chapel Road. Tax Map 068-0-003-00-0 DISTRTCT 3 1. This Concept Plan is for the purposes of rezoning the property from R-3B Multiple Family Residential to R-38 - Multiple Family Residential and does not take the place of the final Site Plan review and approval, required before construction can begin. However, approval of this rezoning will: a) limit the proposed number of units to a maximum of 100 units, b) limit the proposed number of buildings to a maximum of 4 buildings, c) limit the building height to 3 stories, and d) limit the parking to a minimum of 191 parking spaces pursuant to the Concept Plan presented with the zoning application. 2. The final Site Plan cannot have any buildings located in the 1O0-year or lo/o annual chance floodplain, as delineated on the current Flood Insurance Rate Map (FIRM), nor can the dumpster or any portion of the detention facilities to be located in the 100-year or 7o/o annual chance floodplain. 3. All proposed buildings must have their finished floor elevated to 3 feet above the Base Flood Elevation (BFE) as found on the current Flood Insurance Rate Map (FIRM). If fill is brought into the site to elevate the buildings, a No Rise Certification will need to be performed for the entire site. 4. The final Site Plan cannot have any buildings located in the wetlands or the 25' wetlands buffer, as delineated on the Concept Plan, so as to avoid any negative impacts to this environmentally sensitive land. 5. The sole access drive to the site will need to be moved as close as possible south of the existing wetlands and no impact of the existing wetlands shall occur. 6. The sole access drive to the site shall be designed so as to be elevated above the Base Flood Elevation (BFE) at all points and if fill is brought into the site to elevate the drive, a No Rise Certification will need to be performed for the entire site. 7. A 175 ft. deceleration lane will be required for ingress from southbound Barton ChapelRoad. 8. The new access drive and deceleration lane shall require itte approval of the Georgia Department of Transportation (GDOT), due to its proximity to Gordon Highway and future GDOT project(s). 9. A sidewalkwill be required along the entire length of the Barton Chapel Road frontage featuring a two-foot wide grass strip and a five-foot wide sidewalk meeting ADA standards and a streetyard along Barton Chapel Road must be provided in areas not currently wooded or containing wetlands. 10. Requirements of all ordinances and regulations in place at the time of development will need to be met. E z-18-23.pdf E ltemAoorovalsheet.html Motions Motionflp. __ Motion Text Seconded By Motion ResultMade By ^ Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. Sean Frantom Mary Davis Passes 6. Z -18-24 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve with the conditions stated below a petition by Tony Action: Heath, on behalf of Tony Heath Sr., requesting a change of zoning from Approved Zoned R-lC (One-family Residentiat) to Zone B-1 (Neighborhood Business) affecting property containing 0.09 acres and known as 1301 Conklin Avenue. Tax Map 059-l-305-00-0 DISTRICT 2 1. The applicant shall establish and maintain a shared parking agreement to ensure ihat the intended use meets the minimum off-street parking requirement as expressed in the Ordinance. 2. The applicant shall operate the establishment from 1l:00 a.m. to l1:00 p.m. Monday through Saturday.3.The applicant shall not be permitted to seek an alcohol license or serve alcoholic beverages. 4. The applicant shall maintain a 6-foot privacy fence or wall separation from the adjacent residential properties. 5. If the use ceases to exist the zoning reverts to the current R-1C (One-family Residential) zoning. tH z-18-24.pdf E ItemApprovalsheet.html Motions Motion Motion Text Made By Seconded By Motion Type Result A ---^_.^ Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. Sean Frantom Mary Davis Passes PUBLIC SERVICES 7. Motion to approve award of Bid Item 18-166, Augusta Aquatic Center Item Timing, Scoreboard and Display System to Colorado Time System for Action: $109,000. (Approved by Pubtic Services Committee May 8,2018) Approved E tE-t66 Itn - sExt to p.lpER.not B tg-too orrlcA.r._rA,n.par lE l\lail List and Demandstar Planholders.pdf B Recommendation Letter from I)enerfment-ndf Motions Motion t.-Lr__-m_ 1 f,r r h ^ Motion;"""" Motion Text Made By Seconded By'l'yPe ----- -'t Result Aoorove Motion to approve. Commisioner CommissionerI \vvrvvv Motion Passes 10-0. Sean Frantom Mary Davis Passes 8. Motion to adopt the Daniel Field Airport General Aviation Commission's Item (DI\IL GAC) recommendation to terminate the agreement between Augusta, Action: Georgia, acting through the DNL GAC, and WK Dickson, and to authorize the Approved Mayor to execute the appropriate documents to effectuate the termination. (Approved by Public Services Committee May 8, 2018) E Intent of termination letter.pdf E Fina Check WK Dickson.pdf lB ItemApprovalshect,html Motions Motion .. _ m__a r- r '- Motion;__^-- Motion Text Made By Seconded ByrYPe r - Result ^ Motion to approve. Commisioner CommissionerApprove Motion pasies l0-0. Sean Frantom Mury Davis Passes 9. Motion to approve a One-Hour Waiver of the Noise Ordinance at the Augusta Item Common Jwte 22,2018[Beats on Broad/Augusta Pride 2018. (Approved by Action: Public Services Committee May 8,2018) Approved [E Aupusta-Pride Req uestJ0lE.ndf Motions Motion Motion Texttype Made By Seconded By Motion Result A *--^_,^ Motion to approve. CommissionerApprove Motion Passes 10-0. Ben Hasan Commissioner Dennis wi[iams Passes 10. Motion to approve playground equipment purchase as designated in SPLOST VII as part of RFP Item #17-275 for $1,279,041.24. (Warren Rd. Park, Henry Brigham Park, McDuffie wood Park, Gracewood Park, Hickman Park, Dyess Park, Minnick Park, Wood Park, and Hillside Park). (Approved by Public Services Committee May 8, 2018) B dvessJark.odf E qracewood 3.pdf tE henrv brigham.pdf lEl hickrnan nark.pdf B hillsideJrark.odf B mcdufrie woods.ndf B minnick nark.pdf IB warren rd ontion 2.ndf tE woodJarkndf lB 17-275 RFP sent to newspaper revised.pdf B RrpJar omciauz-zzs.pat E Cumulative Evaluation Sheels.odf lB 17-275_Department_Recomrnendation of Award.ndf LE Process Resardins RFPs.odf B 1z-zz5_Mpn.oar [B Mail List and E Comnliance Information AllVendors.pdf B ltemAnorovalsheet.html Item Action: Approved Motions Motion r,r^a:^- /t,---L rr r h ^ Motion- ----- Motion Text Made By Seconded By i"."i,-Iype ^ Motion to approve. Commissioner CommissionrApprove Motion passes l0-0. Marion williams Ben Hasan er Passes ADMINISTRATIVE SERVICES 11. Motion to approve a request from the Central Services Department-Facilities Item Maintenance Division for the purchase of two new vehicles for the Central Action: Services Department from Allan Vigil Ford for a total purchase of Approved $56,614.00. Bid Item 18-184. (Approved by Administrative Services Committee May 8, 2018) tE Tab Sheet - Central Services CC Fl50.pdf E Tab Sheet - Central Services RC Fl50,pdf E rg-ril lrs - spNr to pA,pen.par E r8-lu orRtcrA,L r,ag sHEsr.por lB 18-184 Department Recommendcation of Award.pdf B Mail List and Demandstar planholders.pdf lB ltemApprovalsheet.html Motions Motion r -^4:^- 'T!^--1 f,r r h Motioni;- Motion Text Made By Seconded Br t ru]r,ull I Er\t. rvrauts Iry Deconueo l,y Result Motion to approve. An^_^,,o Mr. M. Williams Commissioner Commisione,Approve abstains. Sammie Sias Sean Frantom Passes Motion Passes 9-0 -1. 12. Motion to approve a request from the Planning and Development Item Department - Code Enforcement Division for five vehicles. (Approved by Action: Administrative Services Committee May 8,201g) Approved IB ItemAnorovalsheet.html Motions X:jl'" Motion Text Made By seconded By Motion l YPe v Result Approve passes Motion to approve. Commisioner Commissioner Motion Passes l0-0. Sean Frantom Mary Davis 13. Motion to approve the request from the Engineering Department for the Item purchase of two new trucks, replace 2Ford Rangers and replace one SW Action: from Capital Outlay. (Approved by Administrative Services Committee Approved May 8,2018) E Eval - 2018 Enqineerinq SUV.xls E Eval--Jrafric-Enq-F-150.odf B Tab Sheet - Enqineerinq Escane.ndf B Tab Sheet---Engineerins F150s.ndf B ItemAporovalsheet.html Motions X:j*1" Motion Text Made By Seconded By Motion Type ''---- -r ------"-- -'l Result Approve M:lffii",33JJiffi ff#Hf,ffi fi,"";T'"Ti,"' passes 14. Motion to approve a request from the Augusta Fire Department to purchase ltem one 2018 Ford Fl50 from Allan Vigil Ford for $25,835.00. Bid Item 18-184. Action: (Approved by Administrative Services Committee May 81 2018) Approved [B Eval - Fire Crown Vic.ndf E Tab Sheer - RCSO Fls0.pdf E t8-tEl_lta - srxt to papBR.pat E t8-lEl oFFlclaL t.q,n sHnpT.ndt B l8-l84-Department Recommendcation_of_Award.pdf IB ItemApprovalsheet.html Motions f#:'" Motion rext Made By Seconded By HiiJ A .^--^_.^ Motion to approve. Commisioner Commissioner rApprove Motion passes l0-0. Sean Frantom M"ry ;;it Passes 15. Motion to approve the request from the Recreation & Parks Department to Item replace one Pickup truck. Allan Vigil Ford $26.345.00. Bid Item 18-184. Action: (Approved by Administrative Services Committee May 8,2018) Approved IB Evat---930323 Recreation.odf tE Tab Sheet - Recreation F150.odf E lt-l8r lre_-_spNt to pA,pEn.nar E l8-r8l oprtct,q,t- tls sHppr.oar IF 18-184 Department Recommendcation_of_Award.ndf {B Nlail Lisl and Demandstar Planholders.udf lB ItemApprovalsheet.html Motions [,"J:" Motion rext Seconded By Motion ResultMade By ^ Motion to approve. Commisioner CommissioneApprove ilotion passes l0-0. Sean Frantom Mary Davis t Pu""' 16. Motion to approve the request from the Richmond County Sheriff s Office ltem for the purchase of one Training Range truck and the replacement of one Action: Community Services SUV. Allan Vigil Ford - Pickup Truck - $291320.00 Approved Bid Item 18-184 and SUV - $22,007.00. Bid Item t8-183. (Approved by Administrative Services Committee May 8, 2018) IE EVAL2O3O59 RCSo-CHANIPs.Ddf B Tab Sheet - RCSO-Communitv Services_Escape.odf E Tab Sheer - RCSO F150.pdf E tE-t84 mn_-_snNt to papnn.par E r8-tg orrlchr tan sHBBt.oar lF 18-184 Department_Recommendcation olAward.odf E Mail List and Demandstar Planholders.pdf E ra-lgs-rae sHeer oFFtcr,Al.par B 18-183 Department Recommendation of Award.pdf lE Mail List and Demandstar planholders.ndf B ItemAporovalsheet.html Motions Motion Text Made By Seconded By Motion MotionTYPe Result Approve M:lilli""3xJJil:; sJ#Tmr fi:;T.TL*' passes 17. Motion to approve a request from the Animal Services Department to Item purchase two new Animal Transport Trucks for the Animals Services Action: Department. Allan Vigil Ford 544,345.00. Bid Item 18-174. (Approved by Approved Administrative Services Committee May 8, 2018) lB Animal Services - Commission Apnroval 20l7.udf tE Tab_Sheet_- AnimaLSen ices.odf B t8-tzn ITB - sBNt to p.tpER.oaf B Recommendation Letter from Deoartment.odf IB Mail-List and Demandstar_planholders.pdf IB ItemAnorovalsheet.html Motions Motion r4^1:^_,Tt^__1 rr r h ^ Motion-"-'"" Motion Text Made By Seconded By'f'YPe -'---- -r Result A ---^_,^ Motion to approve. Commissioner CommissioneApprove vtotion passes 10-0. Marion williams Mary Davis )r Passes 18. Motion to approve the request for the Risk Management Department for the ltem replacement of one vehicle from Allan Vigil Ford for $28,005.00. Bid Item Action: 18-184. (Approved by Administrative Services Committee May 8,2018) Approved E Eval - Risk Mgmt.odf EI Tab Sheet - Risk-N{anasement Fl50.pdf E t&rtr Ite - SBNT to paptR.oor E r8-r gl_orrrcrA,LJan-snBBr.oar B 18-184 Department Recommendc.tion of Award.pdf [B Ntail List and Demandstar Planholders.pdf E ltemApprovalsheet.html Motions Motion Text Made By Seconded By Motion MotionType Result Approve M:*ll,""33JJil:; ff#Tl'"f,:T Sn:ffiiJl,"" passes 19. Motion to approve the request for the Tax Assessors Office to purchase a Item 2018 Ford Escape from Allan Vigil Ford for $21 ,414.00. Bid Item 18-183. Action: (Approved by Administrative Services Committee May 8,2018) Approved lB Tab-Sheel--_Tax Assessors-Escaoe.odf E I8-I83 ITB - SENT To PAPER.Ddf E r8-r8l rag sHrpt orplclaL.pdr E 18-183 Departmenl Recommendation of Award.pdf E Mail List and Demandstar Planholders.ndf Motions Motion rr h Motion- ------ Motion Text Made By Seconded By'I'YPe - ----- -'1 Result A .^.^..^_,^ Motion to approve. Commisioner CommissioneApprove uotio, passes 10-0. Sean Frantom Mary Davis t Pu"t' 20. Motion to approve the execution of the amended ADP Master Services Item Agreement for one year. (Approved by Administrative Services Action: Committee May 8,2018) Approved E Auqusta Georuia - Amendment 4 02142018.docx B Auqusta-Georsia---Annex-Z-2 Amended and Restated Pricins Aonendix - R.L02l420l8.docx Motions Y:t1'" Motion Text Made By seconded By Motion'f'YPe '---- -r Result Approve M:1ffi1,""35JJiffi ff#T;ffiT ;,:tH;["' passes 21. Motion to approval request to accept a CHIP Grant Award ($612,000) and Item allow contract execution by the Mayor. (Approved by Administrative Action: Services Committee May 8,2018) Approved lB Augusta 2018 Grant Award Ltr.pdf B osotzotSogz8so.par lE ltemApprovalsheet.html Motions Motion Motion Textrype seconded By Motion ResultMade By ^ Motion to approve. Commisioner CommissioneApprove ilotion passes l0-0. sean Frantom Mary Davis t Purr.. 22. Motion to award contract to construct a new ADA accessible Restroom Item addition to Building A at the Richmond County Sheriffs Office (RCSO) Action: Special Operations Campus to Blount's Complete Home of Hephzibah in the Approvedamount of $68,000. Bid Item 18-180(Approved by Administrative Services Committee May 8,2018) IB Pases frOm BLDG A Restroom ITB.PDF - Arinhe Acrohrr prn ndf E 18-I8O ITB.--SENT TO PAPER - REViSiON.Ddf E r8-tso upn.uar E N{ail List_and_Demandstar planholders.odf lB Georpia Procurement Resistrv Notification.ndf B Recommendation_Letter_from Deoartment.odf E lg-t8o tan.nar E ltemAnorovalsheet.html Motions f#:'" Motion rext Made By Seconded By Aoorove Motion to approve. commisioner commissioner- -rr'- '- Motion Passes 10-0. Sean Frantom Mary Davis 23. Motion to approve soliciting an RFp for fleet maintenance (Approved by Administrative services committee May g,20lg) IB Extension Asreement for 20l8.pdf IB Fleet Business Plan.docx Motion Result Passes services.Item Action: Approved Motions Motion Type Motion Text Motion to approve developing the guidelines for the fleet maintenance services and to bring them back to the Administrative ^ Services Committee toADDTOVC-'- allow the Commission to review them prior to soliciting for an PJP. Voting No: Commissioner William Fennoy. Motion Passes 9-1. Made By seconded By f;tii," Commissioner Commissioner Marion Williams Wayne Passes Guilfoyle PUBLIC SAFETY 24. Motion to approve allowing staff to work on an amendment to Title 3, Item Chapter 3, Article 3 of the Augusta, Georgia Code dealing with Fire Action: Prevention Codes to update the same. (Approved by Public Safety Approved Committee May 8, 2018) lE ItemApprovatsheet,html Motions Motion;- ---- Motion Textrype Seconded By f;Xir' Commissioner Mary Davis PassesA -*-^-.^ Motion to approve. CommisionerApprove Motion Passes 10-0. Sean Frantom FINAI\CE 25. Motion to approve to amend the 2018 Budget (Planning 220-01-6309) by Item transferring existing funds from Salary/Wages to Other Professional Services Action: to provide for the Augusta Regional Transportation Study project known as Approved Congestion Management Process Update (CI\P). (Approved by Finance Committee May 8, 2018) Made By ^ Motion to approve. Commisioner CommissioneApprove Motion passes l0-0. sean Frantom Mary Davis t Purr.. 26. Motion to award contract for professional consulting planning and ltemengineering services for RFP 18-159 Congestion Management Process Action: Update for the Augusta Regional Transportation Study MpO. All Approved procurement procedures were followed in accordance with city, state and federal requirements. This contract shall not to exceed $200,000. (Approved by Finance Committee May 8, 2018) E 18-159 RFP sent to ne$.spaper.pdf B t8-ls9 officiat RFp tab.pdf E IE-159 Cumulative.pdf lB l8-159 Department Recommendation of Award.pdf E Process Regarding RFPs.pdf E i\lail List and Demandstar planholders.pdf E Congestion Management Process Update Transportation Study.pdf E PDD RFP Congestion N{anaqement process.pdf tB pnnF vHn coNsur,rANr snRvlcBs acRrnuEnr nrp r8-tsg lnts cnrp upn.ltn (002) (ooz).ao., B PDD cost proposal ARTS CMP budget revised 2018-0J-29.xls E ItemApprovalsheet.html lB ItemApprovalsheet.html Motions Motion Motion Textrype Motions ryJ:"' Motion rext Made By Seconded By Made By Seconded By Motion Result Motion Result a --,- Motion to approve. Commisioner CommissionerApprove Motion pasies l0-0. Sean Frantom Mary Davis Passes Motion to approve a Resolution to support approval of the Fiscal Year 2018Federal Highway Administration (FHWA) Metropolitan Planning Program(PL) Funds for Project # 0015914 for $175,000 ($140,000 federal and $35,000 local match). (Approved by Finance commiitee May g,20lg) Item Action: Approved 27. lB PLANNING AGENDA A -FY20l8 Planninq PL Funds Augusta conqestion Msmt process update Ml.pdf B PLANNING AGENDA B - FY20IE Planninq PL Funds Augusta Congestion Mgmt Process Update 2 Ml.pdf B PLANNING AGENDA C - FY2018 Planninq PL Funds Aususta Congestion Mqmt Process Update 2 Ml.pdf B PLANNING AGENDA D - FY201E Plannins PL Funds Augusta Congestion Mgmt Process Update 2 Ml.pdf lB ItemApprovalsheet.html seconded By Motion Result Approve M:1ffi1,",33JJ?[:; s:#Tl:f,ffi s,"#HiJlJ.. passes 28. Motion to approve the refund of delinquent taxes once they are paid to Item support to cleanup and redevelopment of this long time contaminated eyesore Action: in the community regarding properties located at 1409 Steiner Avenue, 1312 Approved Steiner Avenue, l3l4 Steiner Avenue, 1408 Steiner Avenue, and 1733 Mill Street, Augusta, GA 30901. (Approved by Finance Committee May 8, 2018) Motions [,"J:'" Motion rext B Agenda Item Com. Sias S8.pdf B Quit Claim Deed.pdf B Quote for Site Cleanup.pdf E Quit Ctaim Deed #2.pdf [E ItemApprovalsheet.html Motions Motion Motion Textrype Motion to approve with the addition of the word Approve "refund" of delinquent taxes. Commisioner Commissioner Sean Frantom Mary Davis Passes Made By Made By MotionSeconded BY Resurt Motion Passes l0-0. 29. Motion to approve the FY 2018 PL Contract - PI # 0015459 Supplemental ltem Agreement contract between Augusta, Georgia and the Georgia Department Action:of Transportation for federal funds totaling $282,245.00 ($225,796.00 as Approved 80% federal and $56,449.00 as 20% local). (Approved by Finance Committee May 8, 2018) lB PLANNING AGENDA Scan of Sunolemental Agreement #t 100d) as n.tf Approve M:lffii",3lJJll:; s:#Tl:ffi[ ;,:[ffir',.. passes ENGINEERING SERVICES 30. Motion to deny request that Richmond Lane, as shown on the attached map Item has ceased to be used by the public to the extent that no substantial public Action: purpose is served by it or that its removal from the county road system is Approved otherwise in the best public interest, and to receive as information the results of the public hearing held regarding the issue of abandonment pursuant to O.C.G.A. 532-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department and adopt the affached Resolution. (Approved by Engineering Services Committee May 8, 2018) E Richm ond-Lane AgendaJtem_-_2nd Readins.pdf E Resolution Richmond Lane.odf E Mao - Richmond Lene^ndf IE ItemApprovalsheet.html Motions Motion - ----- Motion Text'rype E ltemAoorovalsheet.html Motions Motion Motion TextIype Made By Seconded By Made By Seconded By Motion Result Motion Result Motion to approve ^ concurring in the Commisioner CommissionApprove a.rriur. Sean Frantom Mary Duui, tt Passes Motion Passes 10-0. 31. Motion to approve exercising the first option to renew with Georgia- Item Carolina Paving to provide on-call asphalt and concrete repairs for Bid l6- Action: 224. (Approved by Engineering Services Committee May 8,2018) Approved IB Executed Contractual Asreement.odf [H ltemApprovalsheet.html Motions Motion Motion - ""'-" Motion Text Made By Seconded ByType Result Approve M::ffii",3XXJil:; S:#Tl:f,:1 ;,:[H#1,""' passes 32. Motion to approve award of Construction Contract to Beam's Contracting, Item Inc. subject to Value Engineering and not to exceed in the amount of Action: 55,9781691.24 for Wrightsboro Road Widening Improvements Project Approved (Marks Church Rd to Augusta West Pknry) as requested by AED. Award is contingent upon receipt of signed contracts and proper bonds. Bid Item 18- 127. (Approved by Engineering Services Committee May 81 2018) E l8-271 MemoProcurement-ContrAward-WrightsboroRd AED.pdf E CPB Wrishtsboro Road.xlsx B 18-127 ITB to Newspaper Revised.pdf E rg-tzz ran.por B Department Recommendation of Award.pdf B Mail List and Demandstar Planholders.pdf E Compliance Information.pdf E ItemApprovalsheet.html Motions Motion Motion; -- -- Motion Text Made By Seconded By'l'ype Result Approve M:li:1i""33JJil:; sJ"TTff,:[ ;,:[HiJ*',- passes PETITIONS AI\D COMMUNICATIONS 33. Motion to approve the minutes of the regular meeting of the Augusta Item Commissionheld May 1, 2018 and Special Called Meeting held May 8, Action:2018. Approved E Resular Commis.$ion Nleetins May I 20l8.pdf E Calted Commission tteetinq I\Iay 8 20l8.pdf E ItemApprovalsheet.html Motions Motion Motion Text Made By Seconded By MotionTYPe Result a -^.^---__ Motion to approve. Commisioner CommissioneApprove :':::l:ill'-ilP'YI"^ \'urrlmrsroner ::-Tttroner Passes- -rr^-'- Motion Passes l0-0. Sean Frantom Mary Davis * * * *END CONSENT AGENDA*'('S'T AUGUSTA COMMISSION 5n5t2018 AUGUSTA COMMISSION RBGULARAGENDA 5n5t2018 (Items 34-40) ADMINISTRATIVE SERVICES 34. Motion to approve an amendment to the Professional Services Agreement Item with Janice Welch Osei to assist in the Office of the Administrator. (No Action: recommendation from Administrative Services Committee May 8,2018) Approved B Osei -Asreement Amendment.ndf IB Amendment to Osei - Professional Serryices Agreement.odf B Osei--_Professional Services Asreement.odf tB R"ni..d AMENDMENT to .or.rltins "n.".-"nt *ith J"ni". W. O."irdf E ItemAoorovalsheet.html Motions Y:11"" Motion Text Made By seconded By Motion f'ype '-"'- -r vvlv'svs vJ Result An^.^,,o Motion to approve. Commisioner CommissioneApprove Motion passes 10-0. Sean Frantom Mary Davis t Pu""' FINANCE 35. Approve funding of operating, capital, encumbrance carryover. ((No ltem recommendation from Finance Committee May 81 201g) Action: Approved lE Carryover requests summary TS.pdf [B ItemApprovatsheet.html Motions Motion Motion Textrype ^ Motion to approve. Commisioner CommissionerApprove Motion Pasies l0-0. Sean Frantom Mary Davis ENGINEERING SERVICES 36. Motion to exempt Storm water Fee in Non-Serviced Area ( unincorporated ltem area ). (Requested by Commissioner Marion Williams) Action: Approved B ItemAoorovalsheet.html Made By Seconded By Made By Seconded By Motion Result Passes Motion Result Motions il,"J:"' Motion rext Motion to approve ^ an exemption for Commissioner CommissionerA t-tr.rrnrrpI ^IJrrv v v the storm water fee Wayne Guilfoyle Grady Smith in the rural area. No action is taken on this motion due to the passage of the substitute motion. Motions f#:" Motion rext Made By MotionSeconded BY Resutt Substitute motion to deny the exemption of the storm water fee to any area of the city and to schedule a workshop h within the next three Commissioner CommissionerDeny ; .^ ^;;-^:-.;^ William Dennis passesweeks to address the storm water matters. Fennoy williams Voting No: Commissioner Wayne Guilfoyle. Motion Passes 9-1. 37.Motion to approve the Residential Parking Resolution. Fennoy) (Commissioner Bill Item Action: Approved lB Comm. Fennov Residential Parkins Resolution.odf E ItemAnorovalsheet.html Approve M:lilll,""3lJJiffi s:#Hf,:fl [^"ffij;['.. passes 38. Motion to approve Stormwater Ordinance review and amendment to address ltem delinquent accounts and require quarterly reporting on revenue and Action: expenditures. (Requested by Mayor Hardie Davis) None Made Seconded Motion By By Result It was the consensus that this item be included in the work shop to be held to discuss storm water matters. ADDENDUM 39. Approve adoption of an Ordinance to revised Adoption Agreements, General ltem Addendum, and Service Credit Purchase Agreement for the GMEBS I plan. Action: (Approved by Pension Committee May 15, 2018) Approved Motions f#:'" Motion rext E ltemAoorovalsheet.html Motions Motion;- ---- Motion Text'r'ype Made By Seconded By Motion Result Made Seconded MotionBy By Result Motions Motion Type Motion Text Unanimous consent is given to add this item to the agenda. Motions Motion Motion Text Type Made By Motion to approve and ^ waive the second CommissionerADDTOVEreading. Sammie Sias Motion Passes l0-0. 40. Motion to approve going into a Legal Meeting. B ItemAoorovalsheet.html Motions Motion Motion Text'r'ype Motion to approve going into an executive session to discuss litigation. Mr. D. Commissioner Approve Williams out. William Voting No: Fennoy Commissioner Marion Williams. Motion Passes 8-1. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. Motions Motion Type Approve Motion Text Motion to approve executing the closed Seconded By Commissioner Andrew Jefferson Seconded By Commissioner Mary Davis Made By Seconded By Commissioner Commissioner Sammie Sias Mary Davis Motion Result Passes Motion Result Item Action: Approved Item Action: Approved Passes 41. Motion to approve execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Motion Result Passes meeting affidavit. Mr. Frantom, Mr. Smith and Mr. M. Williams out. Motion Passes 7-0. Upcoming Meetings www.auqustaqa.qov CALLED MEETING COMMISSION CHAMBER May 29,2018 Augusta Richmond County Commission convened at I l:00 a.m., Tuesday, May 29,2018, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. Jefferson, Guilfoyle, Sias, Frantom, M. Williams, Davis, Fennoy, D. Williams, Hasan and Smith, members of Augusta Richmond County Commission. The Mayor Pro Tem called the meeting to order. I. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Mr. MacKenzie: -- motion to go into an executive session to discuss pending and potential litigation, real estate and personnel. Mr. Hasan: So move. Ms. Davis: We have a motion and a second. Please vote. Mr. Fennoy and Mr. Smith out. Motion carries 8-0. IEXECUTTVE SESSTONI Mr. Mayor: All right. We'll call this meeting back to order. The Chair recognizes Attomey MacKenzie. 2. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Mr. MacKenzie: I would entertain a motion to execute the closed meeting affidavit. Mr. D. Williams: So move. Mr. Fennoy: Second. Mr. Mayor: Voting. Happy Tuesday to everybody. Motion carries 10-0. Mr. Mayor: The chair recognizes Attorney MacKenzie for a motion. Mr. MacKenzie: I would entertain a motion to approve a resolution to amend the 2018 Reynolds Street Parking Deck annual plan. Ms. Davis: So move. Mr. Fennoy: Second. Mr. Mayor: A motion and a proper second. Voting. Motion carries 10-0. Mr. Mayor: Mr. McDowell, can you come and sit next to Attorney MacKenzie? Yeah, you might need your notebook, just in case. And a calculator and a check book, no debit card. The Chair recognizes Attorney MacKenzie. Mr. MacKenzie: I would entertain a motion to approve the settlement of property tax appeal of COFO Properties,LLC for 2016 with the value of the appraised, value of the property being the same for tax years 2016, 2017 and 2018 with the interest and fees associated with the payment of taxes being refunded to the taxpayer in the amount of $3,881.00. Mr. Fennoy: So move. Mr. Sias: Second. Mr. Mayor: I've got a motion with a proper second. Voting. While you're voting on that I want to draw everybody's attention on the dias to Ft. Gordon briefing and windshield tour. This is a communication that came out several weeks ago but this is just a reminder that on Thursday, June 14 at 9:00 a.m. to 1 in Darling Hall we've been invited by Colonel Turner and Command Sergeant Major Bryant from the Garrison Command team to come and get an updated briefing on what's happening at Gordon. It's an extremely important meeting for us to be a part of. If you have not, let Ms. Bonner know, please let Ms. Bonner know today of your attendance. Motion carries 10-0. Mr. Mayor: The Chair recognizes Attomey MacKenzie. Mr. MacKenzie: I would entertain a motion to authorize the settlement of all claims of Mayer Electric Company in the aggregate amount of $551500 associated with a sewer backup at 1259 Augusta West Parkway. Mr. f,'ennoy: So move. Mr. Sias: Second. Mr. Mayor: A motion and a second. Voting. Motion carries 10-0. Mr. Mayor: The Chair recognizes Attorney MacKenzie. Mr. MacKerzie; That's all I have. Mr. Mayor: All right, very well. Committee meetings. [Public Services, Public Safety and a portion of Administrative Services Committees are held] Mr. Mayor: We're going to resume our legal meeting, our special called meeting that we had earlier, and address this one matter that is before us. What I'd like to do, Administrator Jackson, is you have the motion in front of you. I want you to articulate this motion just from the standpoint of the meeting that we had there and then we'll take action on it, okay? Ms. Jackson: All right, I'll review it for you and then be available to respond to any questions. This motion would authorize the Commission in connection with the Depot project to enter into an installment purchase agreement with the DDA of approximately $8.2 miltion dollars and an intergovernmental agreement or IGA for additional support of the project for a combined support level of $14 million dollars with the grant agreement between the DDA and Augusta Developers, LLC containing such reasonable due diligence mutually agreeable to Augusta, Georgia and Augusta Developers, LLC and provided to the Commission. This is to place us in a position where for the first $8.2 million dollars we would be in a position of ownership of those assets so that we would have options to pay that off through means other than our general fund. For the remaining $5.8 million dollars those would be obligations to our general fund, however, we expect that the project would generate enough revenue annually in order to make those debt service payments if not entirely at least as close to those debt service payments. I would estimate that our out-of-pocket expense would be a maximum of $100,000 that would have to come from our general fund as compared to much larger numbers that we were discussing earlier. This would also involve the DDA owning a portion of the project, i.e. being a public ownership so we're much more comfortable, I think, with this deal. The other parties have seen this language and have agreed to it. In follow up to this obviously we would have to have a more detailed agreement to go with that but both parties understand that over the next several days we would have that more detailed discussion so that we would have the specific language of an IGA that is referenced here. Mr. Mayor: The Chair recognizes the commissioner from the I't. Mr. Fennoy: I'd like to make a motion to approve. Ms. Davis: Second. Mr. Mayor: I've got a motion and a proper second. Voting. Motion carries 10-0. Mr. Guilfoyle: Mr. Mayor. Mr. Mayor: The Chair recognizes the commissioner from the 8ft. State your inquiry. Mr. Guilfoyle: I would like to thank you as well as the colleagues up here, a special thanks to our Administrator, our Finance staff, Attorney Jim Plunkett, Margaret Woodard with the DDA and her board members as well. Thank you as well. Thank you. Mr. Mayor: Thank you. All right, the Chair yields to the Chairman of Administrative Services. [MEETING ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certifu that the above is a true and correct copy of the minutes of the Called Meeting of the Augusta Richmond County Commission held on May 29,2018. Clerk of Commission Commission Meeting Agenda 6/5/2018 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the regular meeting of the Augusta Commission held May 15, 2018 and Special Called Meeting held May 29, 2018. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: 911 Public Education and Public Relations Update 911 Department June 5, 2018 Daniel R. Dunlap 1 Is 911 Education Really Needed? • Myth: Movies and TV depict 911 in futuristic rooms with advanced computer systems to pinpoint anyone that needs help • Fact: Not quite, so the answer is YES, 911 education is really needed 2 911 Education Topics • Understanding the process of dialing 911 • The difference between calling on a landline phone and a cellular phone • The information we need in order to send help • Remain calm and speak clearly 3 911 Education Topics • The most important item we need – Location • Be prepared to answer questions • Teach children how to dial 911 • Make sure addresses are posted and visible • Text-to-911 4 When to call 911… • Emergency: – Serious situation when law enforcement, fire department or emergency medical help is needed right away 5 When NOT to call 911… • If your garbage was not collected today • If you did not get all 12 nuggets in your combo meal • Someone took your parking spot • To ask the date and/or time • Legal Advice • To ask why the traffic is at a standstill on Interstate 20 6 Feedback and Inquiries… • “Why do you all ask so many questions?” • “If you are asking all those questions, who is sending help?” • “You know where I’m at, so why do you ask me for my address?” 7 Feedback and Inquiries… • “I saw on Facebook where I could order a pizza and you’ll automatically send help…….right?” • “Your 911 text program didn’t work when I was in another part of Georgia…” • “I call 911 from my cellphone while I’m in Virginia, so does it get answered in Augusta?” 8 2017 Trunk or Treat 9 Church Mentoring Group Tours 10 Family Emergency Day - 2018 11 Utilities Mailer – May 2018 12 Rotary & Homeowners Meetings 13 School Outreach – Fall 2018 14 Continued Goals • Homeowners Associations • Church Groups • Senior Groups • Parades • Other City Events/Functions 15 The 911 Team • Our Public Relations Team meets monthly - seeking out opportunities for outreach • If you would like us to present to a special group, let us know! 16 Special Thank You • 911 Public Relations Team • Entire 911 Department Staff • Leadra Collins – Augusta Utilities • Ms. Jackson and Administrative Team • Public Groups, Agencies & Citizens 17 Questions? Thank you! 18 Commission Meeting Agenda 6/5/2018 2:00 PM 911 Public Relations and Education Update Department:911 Department:911 Caption:To provide the Commission an update on the Public Relations and Education efforts of the 911 Department. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission EORGIA MUNICIPAL SSOCIATION RISK MANAGEMENT AND EMpLoyEEBENEFTT5ERV|CES TRANSMITTED VIA E-MAIL AND U.S. MAIL BOARD OFTRUSTEES Chairman Kenneth L. Usry Mayor,Thomson Vice Chairman W. D. Palmer, lll Councilmember, Camilla Secretary-Tleasurel Larry H. Hanson Exe(utive Director @!ees,: Boyd Austin Mayor, Dallas Linda Blechinger Mayor, Auburn Keith Brady Mayor, Newnan Elizabeth M. English Mayor Pro Tem, Vienna Ronald Feldner City Manager, Garden City Marcia Hampton City Manager, Douglasville Meg Kelsey City Manager, LaGrange Evie McNiece Commissioner, Rome David Nunn City Managet Madison James F. Palmer Mayor, Calhoun Kenneth E.5mith, Sr. Mayor, Kingsland Rebecca L. Tydings City Attorney, Centerville Vince Williams Mayor, Union City May 25,2018 ( ismitherman@auoustaoa.oov) Ms. Jody Smitherman Senior Staff Attorney Augusta Law Department 535 Telfair Street Augusta, Georgia 30901 RE: lncreased Benefit MultiplierApplies with Respect to Particioants Emplovedgn or after Mav 15. 2018. Who Retire on or after Julv 1. 2018. and that lncreased Emplovee contribution Amounts become Effectlve Januarv l. 2019 Dear Ms. Smitherman: Enclosed please find an amended Adoption Agreement, General Addendum and Service Credit Purchase Addendum for the Augusta, Georgia, Georgia Municipal Employees Benefit System ('GMEBS) Defined Benefit Retirement Plan ("Plan"). The draft documents make technical corrections to Augusta's Plan as adopted May 15, 2018, as follows: 1. Clarify that the increased normal retirement benefit formula for participants in classes 1, 3, 5, 7, 8 and g (i.e., 1112 of 2.0% of final average earnings multiplied by years of total credited service as an eligible regular employee) applies to employees who are employed with Augusta on orafter May 15, 2018, and retire on or after July 1 ,2018 (see Adoption Agreement, pp. 21-22);2. Clarify that the increase in employee contributions for participants in classes 1 and 3 to 5.75% of earnings will become effective January 1,2019 (see Adoption Agreement, pp. 33-34); and3. Clarify that the increase in employee contributions for participants in classes 5,7,8 and 9to 6.25% of earnings will become effective January 1,2019 (see Adoption Agreement, pp. 33-34). The GeneralAddendum and Service Credit Purchase Addendum were not amended but must be re-adopted along with the Adoption Agreement. The Adoption Agreement provides that the amended Plan documents will become effective July 1 , 2018. The amended Plan documents will replace and supersede thePlan documents adopted on May 15,2018, which also have a July 1,2019, effective date. Please note that per o.c.G.A S 47-5-40, the Adoption Agreement has beendrafted in the form of an ordinance. Additionally, please note that GMEBS will notsign an Adoption Agreement, General Addendum or Service Credit Purchase Addendum that has been edited by the Governing Authority. lf changes are needed tothe draft documents please let us know before the Governing Authority approves the documents. The Burgess Building ' 201 Pryor Street, SW ' Atianta, GA 30303-3606 - Tel 4M.688.O472 . Toll Free I .888.488-4462 . Website M.gmanetcom MailingAddress: PO Box 105377 . Atlanu,GA 3O348 Ms. Jody Smitherman May 25,2018 Page 2 lf the draft documents are acceptable as drafted, please have the designated representatives sign and date the Adoption Agreement, General Addendum and Service Credit Purchase Addendum where indicated (p. 39, p. 43, and p. 7, respectively) and return gl! executed originals to: Ms. Gina Shirley GMA LegalAssistant c/o Georgia Municipal Association P.O. Box 105377 Atlanta, GA 30348 We will then countersign the originals and return the fully executed Adoption Agreement, Generat Addendum and Service Credit Purchase Addendum to you. Please feelfree to contact me at 678-686€212 or qhall@omanet.com with any questions or comments. Sincerely, &;Cl'lLtl Gwin Hall Encl. Senior Associate General Counsel C: Ms. Janice Allen Jackson, City Manager, Augusta, Georgia (w/ encl.) Ms. Donna Williams, Finance Director, Augusta, Georgia (w/ encl.) Ms. Marinetty Bienvenu, Director, Employee Benefit Services (w/o encl.) Ms. Michelle Warner, Director, Retirement Field Services and DC Program (w/o encl.) Mr. Randy Logan, Deputy Executive Director, RMEBS (w/o encl.) Ms. Caroline Dorsey, Assistant GeneralCounsel (w/o encl.) GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM DEFINED BENBFIT RBTIREMENT PLAN AN ORDINANCE and ADOPTION AGREEMENT for Augusta. Georgia Form Volume Submitter Adoption Agreement Amended and Restated as of January 1,2007(With Amendments Effective Through January 1,2017) Augusta GMEBS Plan I (Amended Effective July l,20lg) I. II. TABLE OF'CONTENTS PAGE GMEBS DEFINED BENEFIT RETIREIVIENT PI.A,N ADOPTION AGREEMENT..............2l. ADMINISTRATOR .....................22. ADOPTTNG EMPLOYER................ ..............23. covERNING AUTHORITY ........................24. PLAN REPRESENTATrVE............ ...............2s. pENSroN coMMrrrE8................ ........._....t6. TypE oF ADOPTION........... ........................37. EFFECTIVE DATE.... .................48. PLAN YEAR ............59. CLASSES OF ELIGIBLE EMPLOYEES........ .................5A. Eligible Regular Employees ...............5B. Elected or Appointed Members of the Governing Authority......................510. ELTcIBILmy CONDrrIONS......... ...............6 B. Months Per year @egular Employees) .................711. wAmING PERIOD.... .................712. ESTABLISHING PARTICIPATION IN THE PLAN .........................813. CREDITED SERVICE ................8A. Credited past Service with Adopting Employer.. .....................gB. Prior Military Service .........................9C. Prior Govemmental Service.... ..........1ID. Leave Conversion for Unused paid Time Off(e.g., Sick, Vacation, or Personal Leave)....... ........................1214. RETIREMENTELIGIBILMYA. Earry Retirement a""rn;;:...:........:..::..:.:::.:::::.:...:.:..:::::::.::::::: .......:.11B. Normal Retirement eualifications............... ........15C. Alternative Normal Retirement eualifications.............. .........17D. Disability Benefit eualifications.............. ...........20I5. RETIREMENT BENEFIT COMPUTATION........... ......21A. Maximum Total Credited Service ........................21B. MonthlyNormal Retirement Benefit Amount..... ...................21C. Monthly Early Retirement Benefit Amount ........24D. Monthly Late Retirement Benefit Amount (check one): .......... .................25E. Monthly Disability Benefit Amount........................ ...............25F. Minirnum/IVlaximum Benefit For Elected Officials ...............2616. SUSPENSION OF BENEFITSFOLLOWING BONA FIDESEPARATION OF SERVICE; COLA....... .....................27A. Re-Employment as Eligible Employee AfterNormal, Altemative Nonnal, or Early Retirement and Following -i- Augusta GMEBS PIan I (Amended Effective July l, 20lg) 17. 18. Bona Fide Separation of Service (see Master plan Section 6.06(c) Regarding Re-Employment as an Ineligible Employee and Master Plan Section 6.06(e) and (0 Regarding Re-Employment After Disability Retirement) ................. ........27B. Cost Of Living Adjustment.............. .....................2g TERMINATION OF EMPLOYMENT BEFORE RETIREMENT;VESTTNG ................29A. Eligible Regular Employees ..............29B. Elected or Appointed Members of the Governing Authority....................31 PRE.RETIREMENT DEATH BENEFITS .......................3IA. In-Service Death Benefit....... ............31B. Terminated Vested Death Benefit....... ..................32 EMPLOYEE CONTRIBUTIONS .................34 MODIFICATION OF THE TERMS OF THE ADOPTIONAGR8EMENT................ ............3s TERMINATION OF THE ADOPTION AGREEMENT ...................35 EMPLOYER ADOPTION AND AUTHORZATION FOR AMENDMENTS ............. ..........36 19. 20. 21. 22. -ll- Augusta GMEBS Plan I (Amended Effective July 1,2018) I. AN ORDINANCE An Ordinance to amend and restate the Retirement Plan for the Employees of Augusta,Georgia in accordance with and subject to the terms and conditions set forth in the attachedAdoption Agreement, otrY Addendum.to the Adoption Agreement, the Georgia MunicipalEmployees Benefit System (GMEBS) Master Pian Document, and the GMEBS TrustAgreement. When accepted by the authorized officers of the August4 Georgia CommissionCouncil and GMEB-S, the foregoing shall constitute a Contract betrreen Auguja and GIyIEBS,all as authorized and provided by O.C.G.A. $ 47_5_l et seq. BE IT ORDAINED by the Augusta, Georgia Commission Council, and it is herebyordained by the authority thereof: Section 1. The March l, 1987 GMEBS Defined Benefit Retirement plan for CertainEmployees of Augusta, Georgia (ordinance No. 5399; as amended by Ga. L l9gg, p. 5415;Ordinance No. 5561, effective April 2, 1990; and Ordinance No. 5865) and the January l,lg77Defined Benefit Retirement Plan and Trust for certain Employees of Aug";i" lordinance No.6655; as amended by ordinance No. 6983 adopted June is, zooll ltrereinartei referred to as*1977 Defined Benefit Retirement plan" or "rg77 DB plan" or ,,1977 plan,,) were previouslyamended and restated as set forth in and subject to the terms and conditions stated in theGI{EBS Adoption Agreement and the Addendum to the Adoption Agreement which becameeffective January 1, 2008 (Ordinance No. 7017). The January l, 200g GMEBS AdoptionAgreement and Addendum to the Adoption Agreement were amended and restated in theGIVIEBS Adoption Agreement and the Aaaenaum to the Adoption Agreement which becameeffective June 16, 2009 (ordinance No. 7136). ordinance No. 7136 was amended by OrdinanceNo' 7251 conceming implementation of the March 30, 20ll Augusta Reorganization plan and the ?01J RIF Policy. ordinance No. 7136, as amended by ordinance No. 72i l, was supersededby ordinance No. 7296, in which the GMEBS Adoption Agreement, General Addendum andService Credit Purchase Addendum were amended and restated, effective November 1,2011.ordinance No. 7296 was- superseded by ordinance No. 7329, in which the GMEBS AdoptionAgreement, General Addendum and Service Credit Purchase Addendum were amended andrestated, effective March 6, 2012. Ordinance No. 7329 was superseded by Ordinance No. 74g2,in which the GMEBS Adoption Agreement, General Addendum and Service Credit purchaseAddendum were amended and restated, effective March 17,2015. Ordinance No. 74g2 wassuperseded by ordinance No. 7529, in which the GMEBS Adoption Agreement, GeneralAddendum and Service Credit Purchase Addendum were amended and restated, effectiveOctober 1,2015' ordinance No. 7529 was superseded by ordinance No. 7593,inwhich theGMEBS Adoption Agreement, General Addendum and Service Credit purchase Addendum wereamended and restated, effective January 1,2017. Ordinance No. 7593 was superseded byordinance No. 7615, in which the GITTIEBS Adoption At""-"nt, General Addendum andService Credit Purchase Addendum were amended and reJtated, effective July l, 201g. TheRetirement Plan for the Employees of Augusta, Georgi4 including all amendm'ents referred touboYgt is hereby amended and restated again, u, ,"i iorttr in aid subject to trr" te,rrrs andconditions stated in the following Adoption Agreement, any Addendurn to the AdoptionAgreement, the G.983 Municipal Employees- Benefii System (GMEBS) Master planDocument, and the GMEBS Trust Agreement. Ordinance continued on page 39 Augusta GMEBS plan I (Amended Effective Juty l, 20Ig) ADOPTION AGREEMENT 1. ADMINISTRATOR Georgia Municipal Employees Benefit System 201 Pryor Street, SW Atlantq Georgia 30303 Telephone: 404-688-M72 Facsimile: 404-577-6663 2. ADOPTING EMPLOYER Name: Augusta, Georgia 3. GOVERNING AUTHORITY Name: Augusta, Georgia Commission Council Address: 535 Telfair Streef Augusta, Georgia 30901 Phone: (706) 821-1820 Facsimile: (706) 821-1838 4. PLAN REPRESENTATIVE [To represent Governing Authority in all communications with GMEBS and Employeesl (See Section2.49 of Master Plan) Name: Augusta, Georgia Administrator Address: 535 Telfair Stree! Augusta, Georgia 30901 Phone: (706)821-2400 Facsimile: (7 0 6) 821-289 I -2- Augusta GMEBS Plan I (Amended Effective Juty 1,2018) 5. PENSION COMMITTEE [Please designate members by position. If 4ot, members of pension Committee shall bedetermined in accordance widh Articre )ilv of Master pranl The 'fPension Committeerr when referred to in this Plan shall be the members of thePension and Audit Committee of the ,{uqu1ta, Georgia Commission Council as currentlyconstituted to include_ the following officeholders: Mi'yor, Mayor pro Tem, Administrator,Finance Director, and the Finance Committee Chair. Pension Committee Secretary: Clerk of Commission, Augusta, Georgia or, effective on orafter January 1, 2015, his or her designee (the Clerk shail provide wiitten'confirmation toGMEBS in the event the Clerk appoints or changes a designee or revokes suchdesignation). Address: 535 Telfair Streef Augusta, GA 30901 Phone: (70O S21-1820 Facsimile: (706) 821-f$8 6. TYPE OF'ADOPTION This Adoption Agreement is for the following purpose (check one): tr This is a new defined benefit plan adopted by the Adopting Employer for its Employees.This plan does not replace or restate anexisting defined uenefrt plan tr This is an amendment and restatement of the Adopting Employer,s preexistingnon-GMEBS defined benefit plan. E This is an amendment and restatement of the Adoption Agreement previously adopted bythe Employer, as follows (check one or more as applicaUle;: a To update the Plan to comply with PPA, HEART, WRERA, and other applicablefederal laws and guidance. a To make the following amendments to the Adoption Agreement (must specify htu i; ; ;;[;i;;aJtrranfian *^. l\ ^f^-:f-. LL- L Lt If=".*.rF fr" P".U"ir""f Final Averaqe Earnings multiplietl bv vears of Total C."aifed Serwioa qs on -3- Augusta GMEBS Plan I (Amended Effective JuIy l,20lg) 7. EF'F'ECTIVE DATE NOTE: This Adoption Agreement and any Addendum, with the accompanyrng Master plan Document, is designed to comply with Internal Revenue Code Section 401(a), as ipplicable to agovernmental qualified defined benefit plan, and is part of the GME|S pefineA BenefitRetirement Plan. Plan provisions designed to comply with cefiain provisions of the pension Protection Act of 2006 ("PPA"); the Heroes Earnings Assistance and Relief Tax Act of 2008("HEART"); and the Worker, Retiree, and Employei R""o.r.ry Act of 2008 ("WRERA"); andPlan provisions designed to comply with certain provisions of additional changes in federal law and guidance from the Internal Revenue Service under Intemal Revenue Service Notice 2012-76(the 2012 Cumulative List) are effective as of the applicable effective dates set forth in theAdoption Agreement and Master Plan Document. By adopting this Adoption Agreement, withits accompanying Master Plan Document, the Adopting Employer is adopting u |m documentintended to comply with Internal Revenue Code Section +011a), as updaied ty ifa, HEART,WRERA, and the 2012 cumulative List with the applicable effective dates. (l) Complete this item (l) only if this is a new defined benefit ptan which does not replace or restate an existing defined benefit plan. The effective date of this Plan is (insert effective date of this AdfrIioi Agreement not earlier than January l, 2013). (2) Complete this item (2) only if this PIan is being adopted to replace a non-GMEBSdefined benefit plan. Except as otherwise specifically provided in the Master Document or in this Adoption Agreement, the effective date of this restatement shall be (insert effective date ofthis Adoption Agreement not earlier than January 1, 2013). This Plan is intended to replace and serve as an amendment and restatement of the Employer's preexisting plan, which became effective on - (insert original effective date of freexisting ptan). (3) Complete this item (3) only if this is an amendment and complete restatement of theAdopting Employer's existing GMEBS defined benefit plan. Except as otherwise specifically provided in the Master Document orAgreement, the effective date of this restatement shall be Julv l. 201g date of this Adoption Agreement not earlier than Janua.y r, zorl This Plan is adopted as an amendment and restatement of the Employer's preexistingGMEBS Adoption Agreement, which became effective on Julv l. 20i8 linsert effectivedate of most recent Adoption Agreement preceding tt is Aaopt'on@"ement). The Employer's first Adoption Agreement became effective Aueust l. 2003 (inserteffective date of Employerrs first GMEBS Adoption .ngr""-"rrfrt" e-pioyer'sGMEBS Plan was originally effective March 1. 198i (insert effective date of trmptoyer'soriginal GMEBS Plan). (If the Employer's Plarnvas originally a non-GMEBS plan, thenthe Employer's non-GMEBS Plan was originally effective (if appticable, inserteffective date of Employer's original non-GMEbS plan).) -4- Augusta GMEBS Plan I (Amended Effective Juty l,20lg) in this Adoption (insert effective a tr u 8. PLANYEAR Plan Year means (check one): Calendar Year Employer Fiscal Year commencing Other (must specify month and day commencing): 9. CLASSES OF'ELIGIBLE EMPLOYEES Only Employees of the Adopting Employer who meet the Master Plan's definition of"Employee" may be covered under the Adoption Agreement. Eligible Employees shall notinclude non-govemmental employees, independent contractors, leased employees, nonresidentaliens, or any other ineligible individuals, and this Section 9 must not be compieted in a manner that violates the "exclusive benefit rule" of Intemal Revenue Code Section a0(aX2). A. Elieible Reeular Emplovees Regular Employees include Employees, other than elected or appointed members of theGoveming Authority or Municipal Legal Officers, who are regularly emptoyea in the services ofthe Adopting Employer. Subject to the other conditions of the Mastei Plan and the Adoption Agreement, the following Regular Employees are eligible to participate in the plan (check one): D ALL - All Regular Employees, provided they satisfy the minimum hour and otherrequirements specifi ed under "Eligibility conditions" below. ALL REGULAR EMPLOYEES EXCEPT for the following employees (must specify;specific positions are permissible; specific individuals may not bi namea;: a not i aPa B. El""t"d o. Appoioted M.-be.s of the Gove.ning Autho.itv An Adopting Employer may elect to permit participation in the Plan by elected or appointedmembers of the Governing Authority and/or Municipal Legal Officers, piovided they otherwisemeet the Master Plan's definition of "Employei" and provided-they satisfy any otherrequirements specified by the Adopting Employe.. M.n icipai Legal Officers to be covered mustbe specifically identified by position. Subject to the above "orrditionr, the Employer herebyelects the following treatment for elected and appointed officials: (1) tr ARE NOT eligible to participate in the plan. -5- Augusta GMEBS Plan I (Amended Effective July l,20lg) tr ARB eligible to participate in the Plan. Please specifu any limitations on eligibility to participate here (e.g., service on or after certaindate, or special waiting period provision): With respect to elected or appointed members of wh as of will on affi nce of the70r wgffice after october 1. 2007 will participate in this PIan. providffirate i Planor nce with dum(qg) eoncerning the effect of later termination and return to serffi appointed member of the Governins Authoritv who was not in office as of October l. 2007 leturns to Service as an elected or appointed member of the Governins Authoritv aft r saiddate he will participate in this Plan. provided he aflirmativelv elCcts (M icinate in th ect to the 30-dav time limit and @ Municipal Lesal Officers (check one): E ARE NOT eligible to participate in the Plan. tr ARE eligible to participate in the Plan. The term "Municipal Legal Officer" shall include only the following positions (must specify): Please specify any limitations on eligibility to pa(icipate here (e.g., service on or after certain date):General I and ment staff applicable elisibilitv and election requirements. 10. ELIGIBILITY CONDITIONS A. Hours Per Week (Resular Emplovees) The Adopting Employer may specify a minimum number of work hours per week which are required to be scheduled by Regular Employees in order for them to become and remain "Eligible Regular Employees" under the Plan. It is the responsibility of the AdoptingEmployer to determine whether these requirements are and continue to be satisfied. TheEmployer hereby elects the following minimum hour requirement for Regular Employees: No minimum 20 hours/week (regularly scheduled) 30 hours/week (regularly scheduled) Other:(must not exceed 40 hours/week regularly scheduled) -6- tr tr tr tr Augusta GMEBS Ptan I (Amended Effective July 1,201g) Exceotions: If a different minimum hour requirement applies to a particular class or classes of Regular Employees, please speciry below the classes to whom the different requirement applies and indicate the minimum hour requireme,lrt applicable to theln. Class(es) of Regular Employees to whom exception applies (must specify): Minimum hour requirement applicable to excepted Regular Employees: No minimum 20 hours/week (regularly scheduled) 30 hours/week (regularly scheduled) Other:(must not exceed 40 hours/week regularly scheduled) B. Months Per Year (Regular Emplovees) The Adopting Employer may specifu a minimum number of work months per year which are required to be scheduled by Regular Employees in order for them to become and remain "Eligible Employees" under the Plan. It is the responsibility of the Adopting Employer to determine whether these requirements are and continue to be satisfied. The Employer hereby elects the following minimum requirement for Regular Employees: tr No minimum A At least 5 months per year (regularly scheduled) Exceptions: If different months per year requirements apply to a particular class or classes of Regular Employees, the Employer must speciff below the classes to whom the different requirements apply and indicate below the requirements applicable to them. Regular Employees to whom exception applies (must specify): The months to year requirement for excepted class(es) are: tr D tr D tr tr No rninimum At least months per year (regularly scheduled) 11. WAITING PERIOD Except as otherwise provided in Section 4.02(b) of the Master Plan, Eligible Regular Employees shall not have a waiting period before participating in the Plan. Likewise, elecled or appointedmembers of the Governing Authority and Municipal Legal Officers, if eligible to participate in the Plan, shall not have a waiting period before participating in the Plan. (See Section 3 of theGeneral Addendum.) -7- Augusta GMEBS Plan I (Amended Effective July l,20lg) 12. ESTABLISHING PARTICIPATION IN THE PLAN Participation in the Plan is considered mandatory for all Eligible Employees who satisff the eligibility conditions specified in the Adoption Agreement, except as provided in Section a.03(e) of the Master Plan. However, the Employer may speciff below that participation is optional for certain classes of Eligible Employees, including Regular Employees, elected or appointed members of the Goveming Authority, Municipal Legal Officers, City Managers, and/or Department Heads. If participation is optional for an Eligible Employee, then in order to become a Participant, he must make a written election to participate within 120 days after employment, election or appointment to office, or if later, the date he first becomes eligible to participate in the Plan. The election is irevocable, and the failure to make the election within the 120 day time limit shall be deemed an irrevocable election not to participate in the Plan. Classes for whom participation is optional (check one): EI None (Participation is mandatory for all Eligible Employees except as provided in Section a.03(e) of the Master Plan). El Participation is optional for the following Eligible Employees (must specify; all individuals or classes specified must be Eligible Employees): Prior to October 1. 2017. participation in the Plan was optional for certain classes of Elisible Emplovees. Effective on or after October 1. 2017. participation in the Plan became mandatorv for all Elisible Emplovees who had not previouslv elected not to participate in the Plan pursuant to subsections l5(b) and 15(gg) of the General Addendum in effect nrior to such date. See subsections 15(b) and 15(sg) of the General Addendum resardins optional participation. 30-dav election period. and other election requirements in effect prior to October 1. 2017. 13. CREDITED SERVICE In addition to Current Credited Service the Adopting Employer may include as Credited Service the following types of service: A. Credited Past Service with Adoptine Emplover Credited Past Service means the number of years and complete months of Service with the Adopting Employer prior to the date an Eligible Employee becomes a Participant which are treated as credited service under the Plan. (1) Eligible Employees Employed on Original Effective Date of GMEBS Plan. With respect to Eligible Employees who are ernployed by the Adopting Employer on the original Effective Date of the Employer's GMEBS Plan, Service with the Adopting Employer prior to the date the Eligible Employee becomes a Participant (including any Service prior to the Effective Date of the Plan) shall be treated as follows (check one): (See subsection 15(x) of the General Addendum concerning treatment of Service for Classes 1-4 prior to original effective date of GMEBS Plan (March 1, 1987) for those who are Participants in the GMEBS Plan immediately prior to January 1,2008; see -8- Augusta GMEBS PIan I (Amended Effective July 1,2018) the General Addendum concerning treatment of Service prior to January 1, 2008 for other Participants.) tr AII Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service). D All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), except for Service rendered prior to (insert date). All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as credited Past Service), except as follows (must specify other limitation): tr No Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited past Service). (2) Previously Employed, Returning to Service after Original Effective Date. If an Eligible Employee is not employed on the original Effective Date of the Employer's GMEBS Plan, but he retums to Service with the Adopting Employer sometime after thi E-ffective Date,his Service prior to the date he becomes a Participant (including any Service prior the Effective Date) shall be treated as follows (check one): (See subsection 15(x) of the General Addendum concerning treatment of Serviceprior to original effective date of GMEBS Plan (March 1, 1987) for those who areParticipants in GMEBS Plan immediately prior to January 1, 2008; see the GeneralAddendum concerning treatment of Service prior to January l, 2008 for otherParticipants.) tr All Service priorto the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), subject to any limitations imposed above with respect to Eligible Employees employed on the Effective Date. tr All Service prior to the date the Eligible Employee becomes a Participant shall becredited (as Credited Past Service), provided that after his return to employment,the Eligible Employee performs Service equal to the period of the break in Service or one (l) year, whichever is less. Any limitations imposed above withrespect to Eligible Employees employed on the iffective Date shall also apply. tr No Service prior to the date the Eligible Employee becomes a Participant shall becredited (as Credited past Service). other limitation(s) on Recognition of credited past Service (must specify): (3) Eligible Employees Initially Employed After Effective Date. If an EligibleEmployee's initial employment date is after the oiiginal Effective Date of the Employer'sGMEBS Plan, his Credited Past Service shall includelnly the number of years arrd comilete -9- Augusta GMEBS Plan I (Amended Effective July 1,201g) u months of Service from his initial emplolmrent date to the date he becomes a Panicipant in the Plan. (4) Newly Eligible Classes of Employees. If a previously ineligible class of Employees becomes eligible to participate in the Plan, the Employer must ipeci& in an addendum to this Adoption Agreement whether and to what extent said Employees'-prioi servicewith the Employer shall be treated as credited past service under the plan. B. Prior lVlilitarv Service Note: This Section does not concern military service required to be credited under USERRA - See Section 3.02 of the Master Plan for rules on the crediting of USERRAMilitary Service. (1) Credit for Prior Military Service. The Adopting Employer may elect to treat military service rendered prior to a Participant's initial employment date or reemployment date as Credited Service under the Plan. Unless otherwise specified by the Employer under "Other Conditions" below, the term "Military Seryice" shall be as defined in the Master Plan. Except as otherwise required by federal or state law or under "Other Conditions" below, Military Service shall not include service which is credited under any other local, state, or federal retirement or pension plan. Military Service credited under this Section shall not include any service which is otherwise required to be credited under the Plan by federal or state law. Prior Military Service shall be treated as follows (check one): E Prior Military Service is not creditable under the Plan (if checked, skip to Section 13.C. - Prior Governmental Service). tr Prior Military Service shall be counted as Credited Service for the following pulposes (check one or more as applicable): tr Computing amount of benefits payable.! Meeting minimum service requirements for vesting.f] Meeting minimum service requirements for benefit eligibility. (2) Maximum Credit for Prior Military Service. Credit for Prior Military Service shall be limited to a maximum of years (insert number). (3) Rate of Accrual for Prior Military Service. Credit for Prior Military Service shall accrue at the following rate (check one): tr One month of military service credit for every month(s) (insert number) of Credited Service with the Adopting Employer. tr One year of military service credit for every yea(s) (insert number) of Credited Service with the Adopting Employer. - l0- Augusta GMEBS PIan I (Amended Effective July 1,2018) tr All military service shall be creditable (subject to any caps imposed above) afterth9 Participan] has completed years (insert numLer; of Creait"a Servicewith the Employer. tr Other requirement (must specify): Payment for Prior Mititary Service Credit(check one): Participants shall not be required to pay for military service credit. Participants shall be required to pay for military service credit as follows: tr The Participant must pay -yo of the actuarial cost of the service credit(as defined below).tr The Participant must pay an amount equal to (must specify): other conditions for Award of prior Military Service credit (must specify): (5) Limitations on Service Credit Purchases. Unless otherwise specified in anAddendum to the Adoption Agreement, for purposes of this Section and Section 13.C.conceming prior governmental service credit, the lerm "actuarial cost of service credit" isdefined as set forth in the Service Credit Purchase Addendum. ln the case of a service creditpurchase, the Participant shall be required to comply with any rules and regulations establishedby the GMEBS Board of Trustees concerning said purchases. C. Prior Governmental Service Note: Prior service with other GMEBS employers shall be credited as provided under theMaster PIan. (1) Credit for Prior Governmental Service. The Adopting Employer may elect to treat govemmental service rendered prior to a participant,s initial employment date or reemployment date as creditable service undei the plan. Subject toany lirnitations imposed by law, the term "prior goverrmental service" shall be as definediy theAdopting Employer below. The Employei elects to treat prior govemmental service as follows(check one): tr Prior govemmental service is not creditable under the Plan (if checked, skip toSection 13.D. - Unused Sick/Vacation Leave). tr Prior governmental service shall be counted as Credited Service for the followingpurposes under the plan (check one or more as appticabre): tr Computing amount of benefits payable.tr Meeting minimum service requirements for vesting. - l1- Augusta GMEBS PIan I (Amended Effective July l,20lg) (4) tr tr tr Meeting minimum service requirements for benefit eligibility. (2) Definition of Prior Governmental Service. Prior govemmental service shall be defined as follows: (must specify): Unless otherwise specified above, prior governmental service shall include only full-time service(minimum hour requirement same as that applicable to Eligible Regular Employees). (3) Maximum Credit for prior Governmental Service. credit for prior govemmental service shall be limited to a maximum of _ . years (insert number). (4) Rate of Accrual for Prior Governmental Service Credit. Credit for prior govemmental service shall accrue at the following rate (check one): tr One month of prior governmental service credit for every month(s) (insert number) of Credited Service with the Adopting Employer. tr One year of prior govemmental service credit for every year(s) (insert number) of Credited Service with the Adopting Employer. tr All prior governmental service shall be creditable (subject to any caps imposed above) after the Participant has completed _ years (insert number) of Credited Service with the Adopting Employer. tr (s) tr tr Other requirement (must specify): Payment for Prior Governmental Service Credit. Participants shall not be required to pay for governmental service credit. Participants shall be required to pay for governmental service credit as follows: The Participant must pay _y, of the actuarial cost of the service credit. The Participant must pay an amount equal to (must specify): Other Conditions for Award of Prior Governmental Service Credit (must specify): tr n D.on for Un Leave) (1) Credit for Unused Paid Time Off. -12- Augusta GMEBS Plan I (Amended Effective July l,20lg) Subject to the limitations in Section 3.01 of the Master Plan, an Adopting Employer may elect toteat accumulated days of unused paid time off for a terminated Participani for which theParticipant is not paid, as Credited Service. The only type of leave permittei to be credited under this provision is leave from a paid time off plan which qualifies as a bona fide sick and Yacation leave plan (which may include sick, vacation or personal leave) and which thePanicipant may take as paid leave without regard to whethei the leave is due to illness orincapacity. The Credited Service resulting from the conversion of unused paid time off must not be the only Credited Service applied toward the accrual of a normal retirement benefit under thePlan. The Pension Committee shall be responsible to certiff to GMEBS the total amount ofunused paid time offthat is creditable hereunder. Important Note: Leave cannot be converted to Credited Service in lieu of receiving a cashpayment. If the Employer elects treating unused paid time off as Credited Service, theconversion to Credited Service will be automatic, and the Panicipant cannot request a cashpayment for the unused paid time off. The Employer elects the following treatnent of unused paid time off; tr Unused paid time off shall not be treated as Credited Service (if checked, skip to Section 14 - Retirement Eligibility). El The following types of unused paid time off for which the Participant is not paid shall be treated as Credited Service under the Plan (check one o. more as applicabte): Unused sick leave Unused vacation leave Unused personal leave other paid time off(must specify, subject to limitations in section 3.01 of Master Plan): (2) Minimum Service Requirement. ln order to receive credit for unused paid time off, requirement at termination (check one): a Participant must meet the following The Participant must be 100% vested in a normal retirement benefit. The Participant must have at least years (insert number) of Total Credited Service (not including leave oT"*ir" creditable ,ra"i ttrir i.i i"rl.x other (must specify, subject to limitations in section 3.01 of Master planj: e Partici for benefits. (3) Use of Unused Paid Time Off Credit. Unused paid time off for which theParticrpant is not paid shall count as Credited Service for the following purposes under the plan (check one or more as applicable): A Computing amount ofbenefits payable.tl Meeting minimum seruice requirements for vesting. _13_ Augusta GMEBS Plan t (Amended Effective July l,20lg) a fI tr tr tr D tr Meeting minimum service requirements forbenefit eligibility. (4) Maximum Credit for Unused Paid Time Off. Credit for unused paid time off for which the Parlicipant is not paid shall be limited to a maximum of f months (insert number). (5) Computation of Unused Paid Time Off. Unless otherwise specified by the Adopting Employer under "Other Conditions" below, each twenty (20) days of creditable unused paid time off shall constitute one (1) complete month of credited service under the Plan. Partial months shall not be credited (6) Other Conditions (please specify, subject to limitations in Section 3.01 Master Plan): In order to be eligible to receive credit for unused sick leave hereunrler ticina ate emplovment with the E d active emplovment with the E tRetirement date is the first day of the month coincidins with nr fnllnrrrino his/hon date.da leave shal of under one nth. F lar wor of one (1 of five -hour sick one (1) complete month. 14. RETIREMENT ELIGIBILTTY A. EarlvRetirementOualifications Early retirement qualifications are (check one or more as appricable): A Aftainment of age 50 (insert number) a Completion of ! years (insert number) of Total Credited Service with Augusta, Georgia. Exceptions: If different early retirement eligibility requirements apply to a particular class or classes of Eligible Employees, the Employer must specify below the clasies to whom the different requirements apply and indicate below the requirements applicable to them. (1) Eligible Employees to whom exception applies (must specify): Class 2 and Class 4 Early retirement qualifications for excepted class(es) are (check one or more as applicable): E Attainment of age 55 (insert number) tr Completion of f,lQ years (insert number) of Total Credited Service with Augusta, Georgia. -14- Augusta GMEBS Plan I (Amended Effective July l,20lg) n @ Eligible Employees to whom exception applies (must specifu): class 6 Early retirement qualifications for excepted class(es) are (check one or more as applicable): E Attainment of age 50 (insert number) tr Completion of 15 years (insert number) of Total Credited Service with Augusta, Georgia. B. NormalRetirementOualifications Note: Please complete this Section and also list "Alternativer Normal Retirement Qualifications, if any, in Section 14.C. (1) Regular Emplovees Normal retirement qualifications for Regular Employees are (check one or more as appticable): E Affainment of age 65 (insert number) tr Completion of - years (insert number) of Total Credited Service tr In-Service Distribution to Eligible Employees permitted (te., a qualifuing Participant may commence receiving retirement benefits while in servicl witloutfirst incurring a Bona Fide Separation from Service), if Participant meetsminimum age and service requirements specified immediately above and is at least age 62 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions concerning recalcuiation and offset applied at re-retirement to account for the value of benefits received prior to re- retirement. This rule shall apply to (check one): tr all participants tr only thefollowing class(es) of participants (must sp."iry;, Exceptions: If different normal retirement qualifications apply to a particular class or classes ofRegular Employees, the Employer must specifu below ihe classes to whom the differentrequirements apply and indicate below the requirements applicable to them. class(es) of Regular Employees to whom exception applies (must specify): Normal retirement qualifrcations for excepted class(es) are (check one or more as applicable): Attainment of age (insert number) completion of - years (insert number) of Total credited Service In-Service Distribution to Erigible Employees permiued (!.e., a quali$ingParticipant may commence receiving retirement benefits while in servicl witlou-tfirst incurring a Bona Fide Separation from service), if participant meets -15- Augusta GMEBS PIan I (Amended Effective July l,20lg) tr tr u minimum age and service requirements specified immediately above and is at least age 62 (unless a lower safe-harbor age is permitted under applicable fideral law), subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re- retirement. This rule shall apply to (check one): tr all Participants tr only the following class(es)of Participants (must specify): (2) Elected or Appointed Members of Governins Authoritv Complete this Section only if elected or appointed members of the Governing Authority or Municipal Legal Officers are permitted to participate in the Plan. Normal retirement qualifications for this class are (check one or more as applicable): E Attainment of age 65 (insert number) tr Completion of years (insert number) of Total Credited Service In-Service Distribution to Eligible Employees permitted (i.e., a qualiffing Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if Participant meets minimum age and service requirements specified immediately above and is at least age 62 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re- retirement. This rule shall apply to (check one): tr all Participants g only thefollowing class(es) of Participants (must specify): Exceptions: If different normal retirement qualifications apply to particular elected or appointed members of the Governing Authority or Municipal Legal Officers, the Employer must specify below to whom the different requirements apply and indicate below the requirements applicable to them. Particular elected or appointed members of the Governing Authority or Municipal Legal Officers to whom exception applies (must specify): Normal retirement qualifications for excepted elected or appointed members of the Governing Authority or Municipal Legal officers are (check one or more as applicable): tr Attainment of age (insert number) trCompletionof-years(insertnumber)ofTotalCreditedService tr In-Service Distribution to Eligible Employees permitted (i.e., a qualifuing Participant may cornmence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if Participant meets minirnum age and service requirements specified immediately above and is at _ 16_ Augusta GMEBS Plan I (Amended Effective July 1,2018) feast age 62 (unless a lower safe-harbor age is permitted under applicable fiEderallaw), subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of be,lrefits received prior to re- retirement. This rule shall apply to (check one): o all participants -n only thefollowing class(es) of participants (must specify): C. AlternativeNormalRetirementOualifications Please skip to Section 14.D. - Disability Benefit Quatifications if the Adopting Employerdoes not offer alternative normal retirement benefits under the Plan. fne employi, ,,uyelect to permit Participants to retire with unreduced benefits after they satisfy service and/or aglrequirements other than the regular normal retirement qualificationr .p"tifi"d above. TheEmployer hereby adopts the following alternative normal retirement qualifications: Alternative Normal Retirement Qualifications (check one or more, as applicable): (1) tr Not applicable (the Adopting Employer does not offer altemative normal retirement benefits under the plan). (2) A Alternative Minimum Age & Service Qualilications (if checked, please complete one or more items below, as applicable): X Attainment of age 55 (insert number) E Completion ofE years (insert number) of Total Credited Service In-Service Distribution ro Eligible Emproyees permitted (1.e., a qualifying Participant may commence receiving retirement benefits *hile in servici without first incurring a Bona Fide Separation from service), if participant meets minimum age and service requirements specified immediately above and is at least age 62 (unless a lower safe-harbor age is permittei under applicable federal law), subject to applicable pian piovisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re-retirement. This rule shall applyto (check one): tr all Participants tr only the following class(es)^ of Participants (must specify): This alternative normal retirement benefit is available to: tr All Participants who qualiff. Qnly the following Parlicipants (must specify): participants in Class l.class 2. class 5. class 7. class 8. or class 9 who uo p"blic Safefv _17_ Augusta GMEBS Plan I (Amended Effective Juty l, 20lg) E (3) A Participant (check one): tr is required EI is not required to be in the service of the Employer at the time he satisfies the above qualifications in order to qualiff for this altemative normal retirement benefit. Other eligibility requirement (must specify): Rule of (insert number). The Participant's combined Total Credited Service and age must equal or exceed this number. Please complete additional items below: To qualify for this alternative normal retirement benefit, the Participant (check one or more items below, as applicable): D Must have attained at least age _ (insert number) tr Must not satisfy any minimum age requirement tr ln-Service Distribution to Eligible Employees permitted (ic,., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if the Participant meets the minimum age and service requirements specified immediately above and is at least age 62 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions conceming recalculation and offset applied at re-retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): n all Participants tr only the following class(es)of Participants (must specify): This altemative normal retirement benefit is available to: tr All Participants who qualiff. D Only the following Participants (must specify): A Participant (check one): 6 is required tr is not required to be in the service of the Employer at the time he satisfies the Rule in order to qualify for this alternative normal retirement benefit. Other eligibility requirement (must specify): Alternative Minimum Service. A Participant is eligible for an alternative normal retirement benefit if he has at least years (insert number) of Total Credited Service, regardless of the Participant's age. tr ln-Service Distribution to Eligible Employees permitted (!..e.., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide separation from service), if the (4) - 18 - Augusta GMEBS Plan I (Amended Effective JuIy 1,2018) E(s) Participant meets the minimum service requirement specified immediately above and is at least age 62 (unless a lower safe=harbor age is permitted under applicable federal law), subject to applicable plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re-retirement. This rule shall applyto (check one): O all Participants tr only the following class(es) of Participants (must sp ecify): This alternative normal retirement benefit is available to: tr All Participants who qualify. D Only the following Participants (must specify): A Participant (check one): tr is required tr is not required to be in the service of the Employer at the time he satisfies the qualifications for this alternative normal retirement benefit. Other eligibility requirement (mu st specify): Other Alternative Normal Retirement Benefit. Must specify qu alifi cations : X Attainment of age 62 (insert number) E Completion of 25 years (insert number) of Total Credited Service with Augusta, Georgia.' tr In-Service Distribution to Eligible Employees permitted @, a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if the Participant meets minimum age and service requirements specified immediately above and is at least age 62 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): tr all participants tr only the followingclass(es) of Participants (must specify): This alternative normal retirement benefit is available to: D All Participants who qualify. E Qnly the following Participants (must specify): participants in class 1. Class 3. Class 5. Class 6. Class 7. Class 8. or Class 9. _ 19_ Augusta GMEBS PIan I (Amended Effective July 1,201g) (6) A Participant (check one): I is required B is not required to be in the seryice of the Employer at the time he satisfies the qualifications for this alternative nonnal retirement benefit. Other eligibility requirement (mu s t specify) : tr Other Alternative Normal Retirement Benefit for Public Safetv Emplovees Onlv. Must specify qualifi cations : In-Service Distribution to Eligible Employees who are public Safety Employees permitted (ie- a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide separation from Service), if the Participant meets minimum age and service requirements specified immediately above and is at least age 50 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions conceming recalculation and offset applied at re-retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): tr all Participants tr only the following class(es) of Participants (must specify): This alternative normal retirement benefit is available to: tr All public safety employee Participants who qualify. tr only the following public safety employee Participants (must specify): _ tr A public safety employee Participant (check one): tr required to be in the service of the Employer at the qualifications for this altemative normal retirement benefit. is required tr is time he satisfies not the Other eligibility requirement (must specify): Note: "Public safety employees" are defined under the Internal Revenue Code for this purpose as employees of a State or political subdivision of a State who provide police protection, firefighting services, or emergency medical services for any area within thejurisdiction of such State or political subdivision. D. DisabilitvBenefitOualifications Please skip to Section 15 - Retirement Benefit Computation if the Adopting Employer doesnot offer disability retirement benefits under the Plan. Subject to the other terms andconditions of the Master Plan and except as otherwise provided in an Addendum to thisAdoption Agreement, disability retirement qualifications are based upon Social SecurityAdministration award criteria or as otherwise provided under Section 2.2i of the Master plan. -20_ Augusta GMEBS Plan I (Amended Effective July l, 20lg) The Disability Retirement benefit shall commence as of the Participant's Disability Retirement Date under Section 2.24 of the Master Plan. To qualify for a disability benefit, a Participant must have the following minimum number of years of Total Credited Service (check one): tr Not applicable (the Adopting Employer does not offer disability retirement benefits under the Plan). tl No minimum. tr years (insert number) of Total Credited Service. Other eligibility requirement (must specify): No minimum. except for Class 6 Participants with resnect to non-emplovment connected disabilitv (see subsection l5(aa)(iii) of the General Addendum for elisibilitv requirements applicable to Class 6). 15. RETIREMENT BENEFIT COMPUTATION A. Maximum Total Credited Service The number of years of Total Credited Service which may be used to calculate a benefit is (check one or all that apply): E not limited. tr limited to _ years for all Participants. tr limited to - years for the following classes of Eligible Regular Employees: tr All Eligible Regular Employees. tr Only the following Eligible Regular Employees: tr limited to - years as an elected or appointed member of the Goveming Authority. tr limited to _ years as a Municipal Legal Officer. D Other (must specify): B. Monthlv Normal Retirement Benefit Amount (I) Resular Emplovee Formula The monthly normal retirement benefit for Eligible Regular Employees shall be t/12 of (check and complete one or more as applicable): _2t _ Augusta GMEBS PIan I (Ameuded Effective July 1,2018) (a)Flat Percentage Formula. 2.0o/o (insert percentage) of Final Average Eamings multiplied by years of rotal credited service as an Eligible Regular Employee. This formula applies to: tr All Participants who are Regular Employees. A Only the following Participants (must specify): Participants in classes 1.3. 5. 7.8 and 9 who are emploved with Aususta on or after Mav 15. 2018. who Retire on or after Julv 1.2019. Alternative Flat Percentage Formula. l.Uyo (insert percentage) of Final Average Earnings multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to the following Participants (must specify): Participants in Class 6. Split Final Average Earnings Formula. 1.25 % (insert percentage) of Final Average Earnings up to the amount of Covered Compensation (see subsection (2) below for definition of Covered Compensation), plus !Q% (insert percentage) of Final Average Earnings in excess of said Covered Compensation, multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to: tr All Participants who are Regular Employees.E Only the following Participants (must specify): Participants in Class 2 and Class 4. Alternative Split Final Average Earnings Formula. % (insert percentage) of Final Average Eamings up to the amount of Covered Compensation (see subsection (2) below for definition of Covered Compensation), plus _% (insert percentage) of Final Average Eamings in excess of said Covered Compensation, multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to: (c) E (d) (e) tl All Participants. tr Only the following Participants (must specify): [Repeat above subsections as necessary for each applicable benefit formula and Participant class covered under the Plan.l _22 _ Augusta GMEBS Plan I (Amended Effective July 1,2018) E tr @ Covered Compensatio,p (complete onlv if Split Formula(s) is checked above): Covered Compensation is defined as (check one or more as applicable): tr (a) A.I.M.E. Covered Compensation as defined in Section2.l8 of the Master Plan. This definition of Covered Compensation shall apply to (check one): tr All Participants who are Regular Employees. tr Only the following Participants (must specify (c) Dynamic Break Point Covered Compensation as defined in Section 2.19 of the Master Plan. This definition of Covered Compensation shall apply to (check one): D All Participants who are Regular Employees. A Only the following Participants (must specify): Participants to whom the benefit formula under Section 15(B)(1Xd) apnlies. Table Break Point Covered Compensation as defined in Section2.20 of the Master Plan. This definition of Covered Compensation shall apply to (check one): tr All Participants who are Regular Employees. tr Only the following class(es) of Participants (must specify): (d) o)E tr tr Covered Compensation shall do not exceed $ mean a Participant's annual Eamings that This definition shall(specify amount). apply to (check one): tr All Panicipants who are Regular Employees. tr Only the following Participants (must specify): (3) Final Average Earnines Unless otherwise specified in an Addendum to the Adoption Agreement, Final Average Earnings is defined as the monthly average of Earnings paid to a Participant by the Adopting Employer for the 60 (insert number not to exceed 60) consecutive months of Credited Service preCeding the Participant's most recent Termination in which the Participant's Eamings *erJ the highest, multiplied by (12). Note: GMEBS has prescribed forms for calculation of Final Avirage Earnings that must be used for this purpose. This definition of Final Average Earnings applies to: tr All Participants who are Regular Employees.tr Only the following Participants (must specify): -23 _ Augusta GMEBS Plan I (Amended Effective July 1,2018) [Repeat above subsection as necessary for each applicabte definition and Participant class covered under the Plan.l (4) Formula for Elected or Aopointed Members of the Governin[ Authoritv The monthly normal retirement benefit for members of this class shall be as follows (check one): (See subsection 15(c) of the General Addendum.) tr Not applicable (elected or appointed members of the Governing Authority or Municipal Legal Officers are not permitted to participate in the Plan). tr $_ (insert dollar amount) per month for each year of Total Credited Service as a" etected or appointed member of the Goveming Authority or Municipal Legal Officer or major fraction thereof (6 months and I day). This formula applies to: tr All elected or appointed members of the Governing Authority or Municipal Legal Officers eligible to particiPate. tr Only the following elected or appointed members of the Municipal Legal Officers eligible to participate (must specify): Governing Authority or [Repeat above subsection as necessary for each applicable formula for classes of elected or appointed members covered under the Plan.l C. Monthlv Earlv Retirement Benefit Amount Check and complete one or more as applicable: A (1) Standard Early Retirement Reduction Table. The monthly Early Retirement benefit shall be computed in the same manner as the monthly Normal Retirement benefit, but the benefit shall be reduced on an Actuarially Equivalent basis in accordance with Section 12.01 of the Master Plan to account for early commencement of benefits. This provision shall apply to: tr All Participants. E Only the following Participants (must specify): All Participants except those in Class 6. A Q) Alternative Early Retirement Reduction Table. The monthly Early Retirement benefit shall be computed in the same manner as the monthly Normal Retirement benefit, but the benefit shall be reduced to account for early commencement of benefits based on the following table. This table shall apply to: tr All Participants. -24- Augusta GMEBS Plan I (Amended Effective July l' 2018) tr Only the following Panicipants (must specify): Particioants in Class 6 (See General Addendum subsection lS(aa)fiil). Alternative Earlv Retirement Reduction Table Number of Years Before Percentage of Ase 65 or Ase 62. as Normal Retirement Benefit*applicable (complete ds applicable) (check as applicable) 1.000 0.95 0.90 0.85 0.80 0.75 0.70 0.6s 0.60 0.55 0.50 0.45 0.40 0.35 0.30 0.2s *Interpolate for whole months D. Monthlv Late Retirement Benefit Amount (check one): tr (l) The monthly Late Retirement benefit shall be computed in the same manner as the Normal Retirement Benefit, based upon the Participanfs Accrued Benefit as of his Late Retirement Date. tr (2) The monthly Late Retirement benefit shall be the greater of: (l) the monthly retirement benefit accrued as of the Participant's Normal Retirement Date, actuarially increased in accordance with the actuarial table contained in section 12.05 of the Master Plan; or (2) rhe monthly retirement benefit accrued as of the Participant's Late Retirement Date, without further actuarial adjustment under section 12.06 of the Master Plan. E. Monthlv Disabilitv Benefit Amount The amount of the monthly Disability Benefit shall be computed in the same manner as the Normal Retirement benefit, based upon the Participant's Accrued Benefit as of his Disability Retirement Date. _25 _ Augusta GMEBS Plan I (Amended Effective July 1,2018) a0ala2 Er3a4tr5tr6a7a8Er9 a10 811 a12 a13 a14 815 Minimum Disability Benefit. The Adopting Employer may set a minimum Disability Benefit. The Employer elects the following minimum Disabilitybenefit (check one): tr Not applicable (the Adopting Employer does not offer disability retirement benefits under the Plan). tr No minimum is established. tr No Iess than (check one): I 20% tr l0% D _% (if other than 20o/o or lDoh insert percentage amount) of the Participant's average monthly Earnings for the 12 calendar month period (excluding any period of unpaid leave of absence) immediately preceding his Termination of Employment as a result of a Disability. (Unless otherwise specified in an Addendum to the Adoption Agreement, no minimum will apply to elected or appointed members of the Goveming Authority or Municipal Legal Oflicers.) tr No less than (check one): tr 66 213 % A _% (if other than 66 2t3yo, insert percentage amount) of the Participant's average monthly Eamings for the 12 calendar month period (excluding any period of unpaid leave of absence) immediately preceding his Termination of Employment as a result of a Disability, less any monthly benefits paid from federal Social Security benefits as a result of disability as reported by the Employer. (Unless otherwise specified in an Addendum to the Adoption Agreemen! no minimum will apply to elected or appointed members of the Governing Authority or Municipal Legal Officers.) Note: The Adopting Employer is responsible for reporting to GMEBS any amounts to be used in an offset. F. Minimum/Maximum Benefit For Elected Oflicials ln addition to any other limitations imposed by federal or state law, the Employer may impose a cap on the monthly benefit amount that may be received by elected or appointed members of the Governing Authority. The Employer elects (check one): tr Not applicable (elected or appointed members of the Governing Authority do not participate in the Plan). tr No minimum or maximum applies. tr Monthly benefit for Service as an elected or appointed member of the Governing Authority may not exceed 100% of the Participant's final salary as an elected or appointed member of the Governing Authority. tr Other minimum or maximum (must specify): -26- Augusta GMEBS Plan I (Amended Effective July 1,2018) 16. SUSPENSION OF'BENEF'ITS F'OLLOWING BONA tr'IDE SEPARATION OF' SERVICE; COLA (I) Reemployment After Normal or Alternative Normal Retirement. In the eventthat a Retired Participant 1) is reemployed with the Employer as an Eligible Employee (as !9!ne0 in the Plan) after his Normal or Alternative Normal Retirement Daie and after a BonaFide Separation from Service, or 2) is reemployed with the Employer in an Ineligible Employee class, and subsequently again becomes an Eligible Employee (as defined in the itan) due to ttreaddition of such class to the Plan after his Normal or Alternative Normal Retirement Date, thefollowing rule shall apply (check one): tr (a) The Participant's benefit shall be suspended in accordance with Section 6.06(a)(1) of the Master Plan for as long as the Participant remains employed. E (b) The Participant may continue to receive his retirement benefit in accordance with Section 6.06(b) of the Master plan. This rule shall apply to (check one): tr all Retired participants tr only thefollowing classes of Retired participants (must specify - benefits of those Retired Participants not listed shall be suspended in accordance with section 6.06(a) of the Master plan if they return to work with the Employer): red Pa E-qlon.r ,u.rurot to u *ritt.o "..-olon-.ot "n.."-.rt,oiththe Emnlover. (2) Reemployment After Early Retirement. In the event a Participant Retires with an Early Retirement benefit after a Bona Fide Separation from Service l) is reemployed with theEmployer as an Eligible Employee before his Normal Retirement Date; or 2) is reemployed withthe Employer in an Ineligible Employee class, and subsequently again becomes an EligibleEmployee (as defined in the Plan) before his Normal Retiremlnt Date due to the addition of suchclass to the Plan, the following rule shall apply (check one or more as applicable): (a) E The Participant's Early Retirement benefit shall be suspended in accordance with Section 6.06(a)(l) of the Master plan for as long as theParticipant remains employed. apply to (check one): tr all Retired participants; tr onlyclasses of Retired Participants (must specify): Ail -27 - Augusta GMEBS PIan I (Amended Effective July l,20lg) This rule shall the following tr The Participant's Early Retirement benefit shall be suspended in accordance with Section 6.06(a)(l) of the Master Plan. However, the Participant may begrn receiving benefits after he satisfies the qualifications for Normal Retirement or Altemative Normal Retirement, as applicable, and after satisfuing the minimum age parameters of Section 6.06(a)(3) of the Master Plan, in accordance with Section 6.06(b)(2XBXi) of the Master Plan. This rule shall apply to (check one): tr all Retired Participants; El only the following classes of Retired Participants (must specify): (c) tr The Participant's Early Retirement benefit shall continue in accordance with Section 6.06(b)(2XBXii) of the Master Plan. This rule shall apply to (check one): tr all Retired Participants; q! only the following classes of Retired Participants (must specify): Retired Participants who refurn to emplovment with the Emplover pursuant to a written reemplovment aqreement with the Emplover. B. Cost Of Livine Adiustment The Employer may elect to provide for an annual cost-of-living adjustment (COLA) in the amount of benefits being received by Retired Participants and Beneficiaries, which shall be calculated and paid in accordance with the terms of the Master Plan. (1) The Employer hereby elects the following (check one): A (a) No cost-of-living adjustnent. tr (b) Variable Annual cost-of-living adjustment not to exceed % (insert percentage). D (") Fixed annual cost-ofJiving adjustment equal to _% (insert percentage). The above cost-of-living adjustment shall apply with respect to the following Participants (and their Beneficiaries) (check one): tr All Participants (and their Beneficiaries). tr Participants (and their Beneficiaries) who terminate employment on or after (insert date). E Other (must specify): Participants in Class 2 or Class 4 onlv. The Adjushnent Date for the above cost-of-living adjustnent shall be (if not specified, the Adjustment Date shall be January l): (2) The Employer hereby elects the following (check one): -28- Augusta GMEBS Plan I (Amended Effective July 1,2018) o) tr (c) No cost-of-living adjushent. variable Annual cost-of-living adjustment not to exceed !% (insert percentage). Fixed annual cost-of-living adjustment equal to o/o (insert percentage). The above cost-olliving adjustment shall apply with respect to the following Participants (and their Beneficiaries) (check one): tr All Participants (and their Beneficiaries).tr Participants (and their Beneficiaries) who terminate employment on or after (insert date). Other (must specify): Participants in Class 6 onlv. The Adjustment Date for the above cost-of-living adjustnent shall be (if not specified, theAdjustment Date shall be January l): (3) The Employer hereby elects the following (check one): tr (a) No cost-of-living adjustnent. tr (b) Variable Annual cost-of-living adjustment not to exceed _% (insert percentage). tr (c) Fixed annual cost-of-living adjustment equal to 1.5% (insert percentage). The above cost-of-living adjushnent shall apply with respect to the following participants (and their Beneficiaries) (check one): tr (a) a (b) D tr All Par.ticipants (and their Beneficiaries). Participants (and their Beneficiaries) who terminate employment on or after _ (insert date).x other (must specify): Participants in class r. class 3. class 5. Class 7. Class 8. or Class 9 onlv. The Adjustment Date for the above cost-of-living adjustment shall be (if not specified, Adjustment Date shall be January l): _ 17. TERMINATION OF EMPLOYMENT BEF'ORE RETIREMENT; VESTING A. Elisible Reqular Emplovees Subject to the terms and conditions of the Master Plan, a Participant who is an Eligible RegularEmployee and whose employment is terminated for any reason other than death or retirementshall earn a vested right in his accrued retirement benefit in accordance with the followingschedule (check one): -29- Augusta GMEBS PIan I (Amended Effective July l,20lg) the No vesting schedule (immediate vesting). Cliff Vesting Schedule. Benefits shall be l00o/o vested after the Participant has a minimum of ! years (insert number not to exceed 10) of Total Credited Service. Benefits remain 0% vested until the Participant satisfies this minimum. Graduated Vesting Schedule. Benefits shall become vested in accordance with the following schedule (insert percentages): COMPLETED YEARS OF TOTAL CREDITED SERVICE VESTED PERCENTAGE I o/o 2 % 3 % 4 Yo 5 Yo 6 % 7 % 8 % 9 o/o l0 % Exceptions: If a vesting schedule other than that specified above applies to a special class(es) of Regular Employees, the Employer must specify the different vesting schedule below and the class(es) to whom the different vesting schedule applies. Regular Employees to whom exception applies (must specify): (1) Participants in Class 2 or Class 4: (2) Participants who are emploved on or after Januarv 1. 2009. and before April l. 2011. in a position that is listed as a senior executive service (SES) position in subsection l5(llXiii) of the General Addendum: (3) Participants who are emploved on or after April 1. 2011. in a position that is listed as a SES position in the Aususta. Georsia Personnel Policv and Procedures Manual. provided the preconditions specified in subsection 1S(llXi) of the General Addendum are satisfied: and (4) the Chief Appraiser employed in such position on July 26. 2010. pursuant to an emplovment Aqreement with the Richmond Countv Board of Assessors (i.e.. Mr. Alveeno Ross). Vesting Schedule for excepted class (must specify; schedule for 1007o vesting cannot exceed 10 years): (1) For Participants in Class 2 or Class 4. benefits shall be 1007o vested after the Participant has a minimum of 10 vears of Total Credited Service. with benefits considered 0%o vested until the Participant satisfies this minimum: (2) Pursuant to l5(llXi) of the General Addendum. Participants who on or after Januarv 1. 2009. and before April 1. 2011. held a senior executive service (SES) position listed in subsection l50lXiii) of the General Addendum will be considered immediatelv vested in their accrued Normal Retirement benefit (no vestins schedule): (3) Participants who on or after April 1. 2011. hold a senior executive service (SES) position as identilied in the Aususta. Georsia Personnel Policv and Procedures Manual will be considered immediatelv vested in their accrued Normal Retirement benefit (no vestine schedule). See General Addendum 15 (llXi): and (4) the Chief Appraiser emploved in such position on Julv 26. 2010 (i.e.. Mr. Alveno _30_ Augusta GMEBS Plan I (Amended Effective July 1,2018) tr tr tr Ross) is immediatelv vested in his Normal Retirement benefit (no vestine schedule) upon emplovment B. Elected or Appointed Members of the Governine Authoritv Subject to the terms and conditions of the Master Plan, a Participant who is an elected or appointed member of the Governing Authority or a Municipal Legal Officer shall eam a vested right in his accrued retirement benefit for Credited Service in such capacity in accordance with the following schedule (check one): tr Not applicable (elected or appointed members of the Goveming Authority are not permitted to participate in the Plan). tr No vesting schedule (immediate vesting). tr Other vesting schedule (must specify; schedule for 1007o vesting cannot exceed 10 years): 18. PRE.RETIREMENT DEATH BENEF'ITS A. In-Service Death Benefit Subject to the terms and conditions of the Master Plan, the Employer hereby elects the following in-service death benefit, to be payable in the event that an eligible Participant's employment with the Employer is terminated by reason of the Participant's death prior to Retirement (check and complete one): (1) E Auto A Death Benefit. A monthly benefit payable to the participant's Pre-Retirement Beneficiary, equal to the decreased monthly retirement benefit that would have otherwise been payable to the Participant, had he elected a l00o/ojoint and survivor benefit under Section 7.03 of the Master Plan. In order to be eligible for this benefit, a Participant must meet the following requirements (check one): tr The Participant must be vested in a normal retirement benefit. tr The Participant must have - years (insert number) of Total Credited Service. D The Participant must be eligible for Early or Normal Retirement. E Other eligibility requirement (must specify): Participants in Class 2 and 9lass 4 must be elieible for Earlv or Normar Retirement: pardcipants io urn oth.".l"s rnrrt b. n".tud in " or.-"1 ..ti..-.ot b.o"fiL (2) tr Actuarial Reserve Death Benefit. A monthly benefit payable to the Participant's Pre-Retirement Beneficiary, actuarially equivalent to the reserve required for the - 31- Augusta GMEBS Ptan I (Amended Effective July l,20lg) participant's anticipated Normal Retirement benefit, provided the Participant meets the following eligibility conditions (check one): tr The Participant shall be eligible upon satisffing the eligibility requirements of Section 8.02(c) of the Master Plan' tr The Participant must have - years (insert number) of Total Credited Service. Other eligibility requirement (must specify): Imputed Service. For purposes of computing the actuarial reserve death benefit, the Participant's Total Credited Service shall include (check one): n Total Credited Service accrued prior to the date of the Participant's death. tr Total Credited Service accrued prior to the date of the Participant's death, plus (check one): o one-half (%) tr - (insert other iraction) of the Service between such date of death and what would otherwise have been the Participant's Normal Retirement Date. (See Master Plan section 8.02(b) regarding l0-year cap on additional Credited Service.) fit for V Vested g"""fit. Unless otherwise specified under "Exceptions" below, if a Parlicipant's employment is terminated by reason of the Participant's death prior to Retirement, and if as of the date of death the Participant is vested but he does not qualifu for the in-service death benefit, then the Auto A Death Benefit will be payable, provided the Auto A Death Benefit is made available to terminated vested employees under the Adoption Agreement (see "Terminated Vested Death Benefit" below). (3) Excentions: If an in-service death benefit other than that specified above applies to one or more classes of Participants, the Employer must speciff below the death benefit payable, the class(es) to whom the different death benefit applies, and the eligibility conditions for said death benefit. Altemative Death Benefit (must specify formula that complies with definitely determinable requirements of Treasury Regulations Section 1.401-1(bxlxi) and does not violate limits applicabletogovernmentaIplansunderCodeSections401(a)(17)and415):..@ Benefit" nrovision in Section 18(A) above is not apBlaabfci S99-s! l5(aaXiv) of the General Addendum for a description of in-service death benefit applicable to Participants in Class 6. Participants to whom altemative death benefit applies (must specify): Participants in Class 6. Eligibility conditions for altemative death benefit (must specify): See subsection l5(aaXiv) of the General Addendum. -32- Augusta GMEBS Plan I (Amended Effective July 1' 2018) B. Terminated Vested Death Benefit (1) Complete this Section only if the Employer offers a terminated vested death benefit. The Employer may elect to provide a terminated vested death benefit, to be payable in the event that a Participant who is vested dies after termination of employment but before Retirement benefits corlmence. Subject to the terms and conditions of the Master Plan, the Employer hereby elects the following terminated vested death benefit (check one): B Auto A Death Benefit. A monthly benefit payable to the Participant's Pre-Retirement Beneficiary, equal to the decreased monthly retirement benefit that would have otherwise been payable to the Participant had he elected a 1009lojoint and survivor benefit under Section 7.03 of the Master Plan. tr Accrued Retirement Benefit. A monthly benefit payable to the Participant's Pre-Retirement Beneficiary which shall be actuarially equivalent to the Participant's Accrued Normal Retirement Benefit determined as of the date of death. (2) Exceptions: If a terminated vested death benefit other than that specified above applies to one or more classes of Participants, the Employer must speci$ below the death benefit payable, the class(es) to whom the different death benefit applies, and the eligibility conditions for said death benefit. Alternative Death Benefit (must specify formula that complies with definitely determinable requirements of Treasury Regulations Section 1.401-l(b)(lxi) and does not violate limits applicable to governmental plans under Code Sections 401(a)(17) and 415): No terminated vested death benefit. Participants to whom altemative death benefit applies (must speci$): Participants in Class 2. l- 2016 a reemploved. Eligibility conditions for alternative death benefit (must specify): Not applicable. -33- Augusta GN{EBS Plan I (Amended Effective July 1,201g) 19. EMPLOYEE CONTRIBUTIONS Employee contributions (check one): Are not required. Are required in the amount of 35% (insert percentage) of Eamings for all Participants. Participants in Class 2 or Class 4 (emplovee contribution rates are subiect to chanse): Participants in Class 1 or Class 3 until Januarv 1. 2019 (emplovee contribution rates are subiect to chanee: see below for Employee contribution rate for Class 1 and Class 3 Participants effective Januarv 1.2019). Are required in the amount of !9% (insert percentage) of Eamings for all Participants. Participants in Class 6 (emplovee contribution rates are subiect to chanse): Participants in Class 5. Class 7. Class 8 or Class 9 until Januarv 1. 2019 (emplovee contribution rates are subiect to chanse: see below for Emplovee contribution rate for Class 7. Class 7. Class 8 and Class 9 Participants effective Januarv 1. 2019). Are required in the amount of 5.75o/o (insert percentage) of Earnings for Participants in the following classes (must specify): Participants in Class 1. or Class 3 effective on or after Januarv 1. 2019 (emplovee contribution rates are subiect to chanse). Are required in the amount of 6.250/o (insert percentage) of Eamings for Participants in the following classes (must specify): Participants in Class 5. Class 7. Class 8. or Class 9 effective on or after Januarv 1.2019 (emplovee contribution rates are subiect to chanqe). [Repeat above subsection as neeessary if more than one contribution rate applies.l (2) Pre-Tax Treatment of Employee Contributions. If Employee Contributions are required in Subsection (1) above, an Adopting Employer may elect to "pick up" Employee Contributions to the Plan in accordance with IRC Section 414(h). In such case, Employee Contributions shall be made on a pre-tax rather than a post-tax basis, provided the requirements of IRC Section 414(h) are met. If the Employer elects to pick up Employee Contributions, it is the Employer's responsibility to ensure that Employee Contributions are paid and reported in accordance with IRC Section 414(h). The Adopting Employer must not re,port picked up contributions as wages subject to federal income tax withholding. The Employer hereby elects (check one): tr To pick up Employee Contributions. By electing to pick up Employee Contributions, the Adopting Employer specifies that the contributions, although designated as Employee Contributions, are being paid by the Employer in lieu of Employee Contributions. The Adopting Employer confirms that the executor of this Adoption Agreement is duly authorized to take this action as required to pick up contributions. This pick-up of contributions applies prospectively, and it is -34- Augusta GMEBS Plan I (Amended Effective July 1,2018) (r) tr a evidenced by this contemporaneous written document. On and after the date ofthe pick-up of contributions, a Panicipant does not have a cash or deferredelection right (within the meaning of Treasury Regulation Section 1.401(k)-1(a)(3)) with respect to the designated Employee Contibutions, which includes not having the option of receiving the amounts directly instead of having them paid to the Plan. tr Not to pick up Employee Contributions. (3) Interest on Employee Contributions. The Adopting Employer may elect to pay interest on any refund of Employee Contributions. tr lnterest shall not be paid. A lnterest shall be paid on a refund of Employee Contributions at a rate established by GMEBS from time to time. (This provision applies only to Participants in Class 2 or Class 4; see subsection 15(aa)(i) of the General Addendum for provisions on crediting interest for Class 6 and subsection 15(dd) of the General Addendum for provisions on crediting interest for other classes.) Other rate of interest (must specify rate, Section 13.06 of the Master PIan Document): subject to the provisions of 20. MODIFICATION OF'THE TERMS OF THE ADOPTION AGREEMENT If an Adopting Employer desires to amend any of its elections contained in this Adoption Agreement (or any Addendum), the Governing Authority by official action must adoft an amendment of the Adoption Agreement (or any Addendum) or a new Adoption Agreement (or Addendum) must be adopted and forwarded to the Board for approval. The amendment of the new Adoption Agreement (or Addendum) is not effective until approved by the Board and other procedures required by the Plan have been implemented. The Administrator will timely inform the Adopting Employer of any amendments made by the Board to the Plan. 21. TERMINATION OF'THE ADOPTION AGREEMENT This Adoption Agreement (and any Addendum) may be terminated only in accordance with thePlan. The Administrator will inform the Adopting Employer in the event the Board should decide to discontinue this volume submitter program. -35- Augusta GMEBS Plan I (Amended Effective July l,20lg) u 22. EMPLOYER ADOPTION AI\D AUTHORIZATION FOR AMEI\DMENTS Adoption. The Adopting Employer hereby adopts the terms of the Adoption Agreement and any Addendum, which is attached hereto and made a part of this ordinance. The Adoption Agreement (and, if applicable, the Addendum) sets fonh the Employees to be covered by the Plan, the benefits to be provided by the Adopting Employer under the Plan, and any conditions imposed by the Adopting Employer with respect to, but not inconsistent with, the Plan. The Adopting Employer reserves the right to amend its elections under the Adoption Agreement and any Addendum, so long as the amendment is not inconsistent with the Plan or the Internal Revenue Code or other applicable law and is approved by the Board of Trustees of GMEBS. The Adopting Employer acknowledges that it may not be able to rely on the volume submitter advisory letter if it makes certain elections under the Adoption Agreement or the Addendum. The Adopting Employer hereby agrees to abide by the Master Plan, Trust Agreement, and rules and regulations adopted by the Board of Trustees of GMEBS, as each may be amended from time to time, in all matters pertaining to the operation and administration of the Plan. It is intended that the Act creating the Board of Trustees of GMEBS, this Plan, and the rules and regulations of the Board are to be construed in harmony with each other. In the event of a conflict between the provisions of any of the foregoing, they shall govern in the following order: (1) The Act creating the Board of Trustees of The Georgia Municipal Employees' Benefit System, O.C.G.A. Section 47-5-l et seq. (a copy of which is included in the Appendix to the Master Defined Benefit Plan Document) and any other applicable provisions of O.C.G.A.Title 47; (2) The Master Defined Benefit Plan Document and Trust Agreement; (3) This Ordinance and Adoption Agreement (and any Addendum); and (4) The rules and regulations of the Board. In the event that any section, subsection, sentence, clause or phrase ofthis Plan shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the previously existing provisions or the other section or sections, subsections, sentences, clauses or phrases of this Plan, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudicated invalid or unconstitutional were not originally apart hereof. The Goveming Authority hereby declares that it would have passed the remaining parts of this Plan or retained the previously existing provisions if it had known that such part or parts hereof would be declared or adjudicated invalid or unconstitutional. This Adoption Agreement (and any Addendum) may only be used in conjunction with Georgia Municipal Employees Benefit System Master Defined Benefit Retirement Plan Document approved by the Internal Revenue Service under advisory letter dated .,2O_. The Adopting Employer understands that failure to properly complete this Adoption Agreement (or any Addendum), or to operate and maintain the Plan and Trust in accordance with the terms of the completed Adoption Agreement (and any Addendum), Master Plan Document and Trust, may result in disqualification of the Adopting Employer's Plan under -36- Augusta GMEBS Plan I (Amended Effective July 1,2018) the Intemal Revenue Code. Inquiries regarding the adoption of the Plan, the meaning of Plan provisions, or the effect of the IRS advisory letter should be directed to the Administra-tor. The Administrator is Georgia Municipal Employees Benefit System, with is primary business offices located at: 201Pryor Street, SW, Atlanta" Georgia, 30303. The business telephone number is: (404) 688-0472. T\e primary person to contact is: GMEBS I*gal counsel. Authorization for Amendments. Effective on and after February17,2005, the Adopting Employer hereby authorizes the volume submitter practitioner who sponsors the Plan on behafof GMEBS, to prepare arnendments to the Plan, for approval by the Board, on its behalf as provided under Revenue Procedure2005-16, as superseded by Revenue Procedure 2015-36, Revenue Procedure 20lI-49, and Announcernent 2005-37. Effective January l, 2013, Georgia Municipal Association, Inc., serves as the volume submitter practitioner for the Plan. Employer notice and signature requirements were met for the Adopting Employer before the effectivi date of February 17,2005. The Adopting Employer understands that the implementing amendment reads as follows: On and after February 17,2005, the Board delegates to the Practitioner the authority to advise and prepare amendments to the Plan, for approval by the Board, on behalf of all Adopting Employers, including those Adopting Employers who have adopted the Plan prior to the January l,2Ol3, restatement of the Plarlfor changes in the Code, the regulations thereunder, revenue rulings, other statements published by Internal Revenue Service, including model, sample, or other required good faith amendments (but only if their adoption will noi cause such Plan to be individually designed), and for corrections of prior approved plans. These amendments shall be applied to all Adopting Employers. Employer notice and signature requirements have been met for all Adopting Employlrs before the effective date of February 17,zoo5. In any event, any amendment prepared by the Practitioner and approved by the Board will be provided by the Administrator to Adopting Employers. Notwithstanding the foregoing paragraph, no amendment to the Plan shall b e prep ared "" ;l::: ;: _T:: 3::J: ::::Lires,he Ad.p,ing Employer to file Form 5300 as an individually designed plan as a result of an amendment by the Adopting Employer to incorporate a tlpe of Plan not allowable in a volume submitter plan as described in Revenue Procedure 2015-36; or as of the date the Plan is otherwise considered an individually designed plan due to the nature and extent of the amendments. If the Adopting Employer is required to obtain a determination letter for any reason in order to maintain reliance on the advisory letter, the Practitioner's authority to amend the Plan on behalf of the Adopting Employer is conditioned on the Plan receiving a favorable determination letter. -37 - Augusta GMEBS Plan I (Amended Effective July l,20lg) The Adopting Employer further understands that, if it does not give its authorization hereunder or, in the altemative, adopt another pre-approved plaq its Plan will become an individually designed plan and will not be able to rely on the volume submitter advisory letter. -38- Augusta GMEBS Plan I (Amended Effective July 1,2018) AN ORDINANCE (continued from page l) Section 2. Except as otherwise specifically required by law or by the terms of the Master Plan or Adoption Agreement (or any Addendum), the rights and obligations under the Plan with respect to persons whose employment with the Augusta, Georgia was terminated or who vacated his office with Augusta, Georgia for any reason whatsoever prior to the effective date of this Ordinance are fixed and shall be governed by such Plan, if any, as it existed and was in effect at the time of such termination. Section 3. The effective date of this Ordinance shall be July l, 2018. Section 4. All Ordinances and parts of ordinances in conflict herewith are expressly repealed. Approved by the Augusta, Georgia commission council this _ day of Attest:AUGUSTA, GEORGIA Clerk (sEAL) Approved: Mayor Attorney The terms of the foregoing Adoption Agreement are approved by the Board of Trustees of Georgia Municipal Employees Benefit System. IN WITNESS WHEREOF, the Board of Trustees of Georgia Municipal Employees Benefit System has caused its Seal and the signatures of its duly authorized officers to beiffixed this _ day of ,20_. Board of Trustees Georgia Municipal Employees Benefit System (sEAL) -39- Augusta GMEBS Plan [ (Amended Effective July l,20lg) 20 Secretary GENERAL ADDENDUM TO TIIE GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM DEFINED BENEFIT RETIREMENT PLAN ADOPTION AGREEMENT This is an Addendum to the Adoption Agreement completed byAugusta, Georgia (('Augusta") for Augusta GMEBS plan r, as follows (complete one or more sections, as applicable): (1) Addition of a new Department or a new class of Eligible Employees (for amendment of Adoption Agreement only - see Section q o1 AAoption Agreement) (check and complete as applicable): tr Employeel of (specify entity), a related governmental agency, shall be covered under this PIan, pursuant to a subscription agreement, which is attached hereto. a Certain Former ARCPC Emplovees - Certain former employees of the this this su a dsu CPC on r (3) *** ftem (2) of pre-approved Addendum - Not Applicable **?r ments - (see Section ll of AdoptionAgreement regarding waiting period) (check as appticable): X (a)waitine Period. Eligible Emptoyees shall be required to complete 304gp (specify time period) of continuous, uninteirupted service withthe Adopting Employer before they quaris for paiticipation in thePlan. The determination as to n'hether the waiting period has beensatisfied shall be made in accordance with provisions of the Master Augusta GMEBS Plan I (Amended Effecrive July l, 201 g) Plan. This waiting period provision shan apply to (check as applicable): tr Ail Regular Employees. n All Municipal Legal Officers. tr All Members of the Governing Authority. X The following class(es) (must specify): Effective Januarv. l. 2008 throueh December 3I. 2014. there was a thirtv (30) dav waitint neriodfor particination under this Ptan. Elisible Emplovees initiallvemployed or reemrrloved during this time neriod commencedparticipation in the Plan as of the first dav of the month coincidine with or followine the date thev satisfied the 30-dav waitine period. except as otherwise provided in the Adoption Agreement and this Addendum with respect to Elisible Emplovees for whom narticination was optional and who elected in accordance with the terms of the Adontion Aereement not to narticipate in this plan. and ElieibleR"erlr. E-plov""r *ho to"." e-plov"d toith th" ARCpc on o"tob* 31.2011. who did not particinate in the ARCpc's GMEBS DB pran aJ of such date. and who became Elisible Regular Emolovees of Aususta on November 1.2011. Emplovee contributions to the plan commenced as of the first full navroll rreriod that besan on or after the date that the Emplovee's particination in the Plan beean. The thirtv (30) dav waitine neriod became inapolicable to the plan on Januarv l. 2015 in accordance with Section 4.02(b) of the Master plan. such that all Elieible Emplovees who had not satisfied the 30-dav waitins period aiof Januarv 1. 2015 became Participants in the ptan as of such date. and all Elieible Emnlovees initiallv emploved or reemploved on oi after Januarv l. 2015 commenced particination in the plan on their emplovment dates. The normal no waiting period wilt apply to a[ Erigibte Employees not designated in this Section unless otherwise provided in this Section. [Repeat above subsection as necessary for each applicable waiting period andParticipant class covered under the plan.l *** Items (4) and (5) of pre-approved Addendum - Not Appticable *** (6) F'or purposes of determining anyEmployee contributions and Final Average Earnings, Earnings asdefined in Section 2.26 of the Master Plan shall be modified as follows(check all that apply): tr (a) excluding overtime pay. -2- Augusta GMEBS Plan I (Amended Effective July l,20lg) nru) X (c) tr tr (d) (e) excluding bonuses. exclud_ing reimbursed exoenses and lumo sum vacation pav (speci$ type of excluded earnings). including perquisites or allowances for use of a car or house rent. including severance payments; provided that the following limitations shall apply (must specify): tr (D including earnings). (specify type of included This definition of Earnings applies to (check one): A All Participants. inclusion of severance pavments for certain SES Participants wholerrninui6 emrrlovment on or after Anril 1. 2011 and execute a separation agreementwith Aueusta. Georsia). tr Only the following Participants (must specify): ln lhe At!40-!.8!strator relatinq to pavments that are inclnded in the definition oiEarnings pursuant to this Section, including but not limited to the amount(s) paid and the date of such payment(s). [Repeat above subsection as necessary for each applicable definition and Participant class covered under the Ptan.] *** Items (7) through (14) of pre-approved Addendum - Not Applicable **?t (15) Other (may include, but shall not be limited to, provisions relating to Master Plan sections 6.03, 6.06, 8.04, 8.06, 8.08, 8.09, 8.10, 8.12, ,.01 and 9.02): (a) Particinant Classes. The following description of classes of EligibleEmployees shall control in administering the Plan. The Class to which aperson belongs will be determined based upon the records of the Employer asreported to GMEBS. Employees shall quali$ for participation by meetingthe applicable eligibility requirements specified in Seciions 9-12 of theAdoption Agreement and this Addendum: Safi Elect New Plan): This class includes (l) rurtic srr*ty r"rsonnel who wereemployed on the original effective date of the GMEBS pl"n (March l,lgg7)and who were not participants in any other Employer-sponsored retirement J- Augusta GMEBS Plan I (Amended Effective July l, 2018) plan and (2) Public Safety Personnel who were hired after March I, 1987 and before December 17, 1996, who elected in accordance with the election procedures specified in Sections 7.ll-7.15 of the Addendum to the Adoption Agreement that became effective January l, 2008 (Ordinance No. 7017) (aflirmatively or by default) to be bound by the terms of the restated GMEBS Plan that apply to Class I Employees effective January 1,2008. For purposes of this Adoption Agreement and Addendum, the term "Public Safety Personnel" shall mean: (a) law enforcement personnel who are Full- Time Employees, are certified under the Georgia Peace Officer Standards and Training Act, and whose most recent employment with Augusta was with a Public Safety Department; and (b) fire safety personnel who are Full- Time Employees, are certified under the Georgia Fire Fighter Standards and Training Act, and whose most recent employment with Augusta was with a Public Safety Department. The term "Public Safety Department" shall include the Augusta, Georgia Fire Department, the Augusta, Georgia 9ll Department, the Richmond County Sherilfs Oflice, the Richmond County Marshall's Office, and the Richmond County Correctional Institution. The term "Full-Time Employee" shall mean an Employee who meets the minimum hours per week and months per year requirements specified under Section 10 of the Adoption Agreement pertaining to Eligibility Conditions. Class 2 (Class I Public Safetv Personnel under former GMEBS Plan Who Do Not Elect New Plan): This class includes (1) Public Safety Personnel who were employed on the original effective date of the GMEBS Plan (March 1, 1987) and who were not participants in any other Employer-sponsored retirement plan and (2) Public Safety Personnel who were hired after March 1, 1987 and before December 17r1996, who elected, in accordance with and subject to the established administrative procedures for such election, not to be bound by the terms of the restated GMEBS PIan that apply to Class I Employees effective January 1, 2008. Class 3 (Class 2 Non-Public Safetv Personnel under former GMEBS Plan Who Elect New PIan): This class includes Employees, other than Public Safety Personnel, who were employed on the effective date of the GMEBS PIan (March 1, 1987) who were not participants in any other Employer- sponsored retirement plan, and Employees, other than Public Safety Personnel, who were hired after March l, 1987 and before December 17, 1996, who elected (affirmatively or by default) in accordance with the election procedures specified in Sections 7.ll-7.15 of the Addendum to the Adoption Agreement that became effective January 1, 2008 (Ordinance No. 7017), to be bound by the terms of the restated GMEBS Plan that apply to Class 3 Employees effective January 1r 2008. Class 4 (Class 2 Non-Public Safetv Personnel under former GMEBS PIan Who Do Not Elect New Plan): This class includes Employees, other than Public safety Personnel, who were employed on the effective date of the GMEBS PIan (March 1, 1987) who were not participants in any other Augusta GMEBS Plan I (Amended Effective July l, 201 8) -4- Employer-sponsored retirement plan, and Employees, other than Public Safety Personnel, who were hired after March l, 1987 and before December 17,1996, who elected in accordance with the election procedures specified in Sections 7.ll-7.15 of the Addendum to the Adoption Agreement that became effective January 1,2008 (Ordinance No. 7017), not to be bound by the terms of the restated GMEBS Plan that apply to Class 3 Employees effective January 1,2008. Class 5 (Participants under former 1977 DB Retirement Plan Who Elect New EIq): This class includes Employees who were participants under the 1977 DB Retirement Plan immediately prior to January 1, 2008 and who elected (affirmatively or by default), in accordance with the election procedures specified in Sections 7.ll-7.15 of the Addendum to the Adoption Agreement that became effective January 1, 2008 (Ordinance No. 7017), to be bound by the terms of the restated GMEBS Plan that apply to Class 5 Employees effective January l, 2008. Class 6 (Participants under former 1977 DB Retirement Plan Who Do Not Elect New PIan): This class includes Employees who were participants under the 1977 DB Retirement Plan immediately prior to January 1, 2008 and who elected, in accordance with the election procedures specified in Sections 7.11- 7.15 of the Addendum to the Adoption Agreement that became effective January 1, 2008 (Ordinance No. 7017), not to be bound by the terms of the restated GMEBS Plan that apply to Class 5 Employees effective January 1, 2008. Class 7 (Participants under former 1998 DC Plan Who Elect New PIan): This class includes Employees who were participants under the City of Augusta-Richmond County 1998 Defined Contribution Retirement Plan immediately prior to January 1, 2008 (including elected or appointed members of the Governing Authority who participated under the 1998 DC PIan) rvho elected (affirmatively or by default), in accordance with the election procedures specified in Sections 7.ll-7.15 of the Addendum to the Adoption Agreement that became effective January 1, 2008 (Ordinance No. 7017), to transfer their defined contribution plan account balance to GMEBS and to participate under the terms of the restated GMEBS Plan that apply to Class 7 Employees effective January 1,2008. class 8 (Emplovees who Do Not Participate in Anv Plan): This class includes Employees rvho were actively employed as of october 1, 2007 and who as of said date rvere not participating in any defined benefit retirement plan or defined contribution plan or other retirement plan which was funded in whole or part by Augusta (as reflected in the records of Augusta and as reported to GMEBS). class 9 (Emplovees Hired or Re-hired after october 1. 2007): This class includes Eligible Regular Employees who are hired or re-hired by Augusta after October 1,2007, and elected or appointed members of the Governing Augusta GMEBS Plan I (Amended Effective July I , 201 8) -5- Authority who take oflice or return to olfice after October 1,2007 (subject to any applicable election requirements or other limitations on participation by members of the Governing Authority or other special classes referred to in subsection 15(b) below). This class also includes Eligible Regular Employees who were employed with the Augusta Richmond County Planning Commission (ARCPC) on October 31, 2011, who did not participate in the ARCPC's GMEBS Defined Benefit Plan as of october 31, 2011, and who became employees of Augusta on November 1, 2011. This class shall not include employees who were employed with the ARCPC on October 31' 2011, rvho participated in the ARCPC's GMEBS Defined Benefit Retirement Plan as of such date, and who became employees of Augusta on November lr20ll, untess such emptoyees subsequently terminate employment with Augusta and are later re-hired by Augusta. (b) Participation Orrtional For Elieible Emnlovees Initiallv Emploved Prior to October 1. 2017 Who Were in Certain Classes: 30-Dav Election Period: Mandatorv Participation for All Elieible Emplovees Initiallv Emoloved or Takins Office on or after October 1.2017. (D Elieible Emplovees Initiallv Emploved or Initiallv Takine Office on or after October 1. 2017. Notwithstanding the provisions of paragraph ls(bxii) below, effective on or after October l, 2017, all Eligible Employees initially employed or initially taking office as an elected or appointed member of the Governing Authority on or after such date shall become Participants in this Plan upon employment. Such Eligibte Employees for whom participation is mandatory include but are not limited to Eligible Employees in classes identified in paragraph 15(b)(ii) below for whom participation in this Plan would have been optional had they been initially employed prior to October L, 2017. See subsection 15(gg) regarding effect of reemployment or return to office by a Participation who made an election pursuant to paragraph ls(bxiD below. (iD Elisible Emplovees Initiallv Emploved or Initially Takins Office prior to October 1. 2017. Prior to October 1,2017, participation in this Plan is optional for certain classes of Eligible Regular Employees and elected or appointed members of the Governing Authority, as provided below. If participation is optional, then the individual must make an election to participate in either this Plan or the Georgia Municipal Association (GMA) Defined Contribution PIan, on a form provided by the Employer for such purpose and in accordance with procedures specified by the Employer, within 30 days after employment or taking office (see also General Addendum subsection 15(gg) concerning applicable election requirements). The election is irrevocable, and the failure to make the election within the 30-day time limit shall be deemed an irrevocable election to participate in this Plan rather than the GMA Defined Contribution Plan. Subject to the Augusta GMEBS Plan I (Amended Effective July l, 2018) -6- above election requirements, participation is optional for the following classes: Elected or Anpointed Members of Governine Authoritv - Any Employee who initially takes office (no prior service with Augusta) as an elected or appointed member of the Governing Authority (member of the Augusta, Georgia Commission Council) after October 1r 2007 or who returns to said office after October 1, 2007 (but prior to October 1,2017). However, those employed or in office as of October 1,2007 will be bound by their plan election made in accordance with and subject to the administrative procedures for such election specified under Sections 7.ll-7.15 of the Addendum to the Adoption Agreement that became effective January 1, 2008 (Ordinance No. 7017). (See subsection 15(gg) concerning the effect of later return to service.) Law Department Staff Attornevs - Any Employee who is initially employed (no prior service with Augusta) as an Augusta Law Department General Counsel or Law Department staff attorney or rvho is reemployed in said position after October 1,2007 (but prior to October 1,2017). However, those employed as of October 1, 2007 will be bound by their plan election made in accordance with and subject to the administrative procedures for such election specified under Sections 7.11-7.15 of the Addendum to the Adoption Agreement that became effective January 1, 2008 (Ordinance No. 7017\. (See subsection 15(gg) concerning the effect of later return to service.) Administrator. Assistant Administrators - Any Employee who is initially employed (no prior service rvith Augusta) as an Augusta Administrator or Assistant Administrator, or who is reemployed in said position after October l, 2007 (but prior to October l, 2017). However, those employed as of October 1,2007 will be bound by their plan election made in accordance with and subject to the administrative procedures for such election specified under Sections 7.ll-7.15 of the Addendum to the Adoption Agreement that became effective January 1,2008 (Ordinance No. 7017). (See subsection 15(gg) concerning the effect of later return to service.) Department Directors. Assistant Dent. Directors - Any Employee who is initially employed (no prior service with Augusta) as a Department Director or Assistant Department Director, or who is reemployed in said position after October l, 2007 (but prior to October 1, 2017). However, those employed as of October 1r 2007 will be bound by theirplan election made in accordance with and subject to the administrative procedures for such election specified under sections 7.ll-7.15 of the Addendum to the Adoption Agreement that became effective January 1,2008 (Ordinance No. 7017). (See subsection l5(gg) concerning the effect of later return to service.) x x Augusta GMEBS Plan I (Amended Effective July 1, 2018) -7 - X Other (must specifv): - Notwithstanding the above provisions allowing for optionat participation, participation in this Plan will be mandatory for any person who is a member of Class 8 (see subsection lS(a) above for a description of Class 8). Note: See also subsection 15(gg) concerning treatment of classes for whom participation is optional and mandatory participation in GMEBS DB Plan in the event of later termination and return to Service. (c) Formula for Elected or Appointed Members of the Governins Authoritv. The monthly normal retirement benefit for elected or appointed members of the Governing Authority shall be lll2 of 1.65%o of the Participant's Final Average Earnings multiplied by years of Total Credited Service as an elected or appointed member of the Governing Authority. This formula applies to all Participants who are elected or appointed members of the Governing Authority and who hold oflice after January 1,2010. (d) New GMEBS Plan Election bv 1998 Defined Contribution Plan Participants: Generally. Augusta, Georgia (hereinafter "Augusta") previously maintained a defined contribution plan known as the 1998 Augusta Money Purchase Plan (Nationwide Retirement Solutions Governmental Defined Contribution Plan, hereinafter referred to as the "1998 Defined Contribution Plan" or "DC Planr'). Employees who were actively employed (as reflected in the records of the Employer) as of October 1r 2007, including elected or appointed members of the Governing Authority, who were Participants in the 1998 Defined Contribution PIan and including any Employees who would have been eligible to participate under the DC Plan as of October 1,2007 but who had not yet satisfied the 30-day waiting period under the DC Plan as of October 1r2007, were required to make a one-time, irrevocable election on a form provided by Augusta for such purpose and in accordance with the administrative procedures specified in Sections 7.11-7.15 of the Addendum to the Adoption Agreement that became effective January 1, 2008 (Ordinance No. 7017) to either: (1) continue participating in the DC Plan, subject to the terms and conditions of the DC PIan, as amended and restated effective January 1,2008; or (2) waive their benefits under the DC Plan, transfer their DC Plan account balance to this PIan (new GMEBS DB Plan), and begin participating under this Plan subject to the terms and conditions of this Plan and in particular those terms and conditions applicable to Class 7 Employees. Terminated Employees and former Participants under the DC Plan (as of October 1,2007) were not permitted to make an election and continued to be subject to the terms of the DC Plan, as amended and restated effective January 1, 2008, with respect to their period of participation under the DC Plan, except as otherwise provided in subsection l5(q) below (concerning reem ployment). (e) Effect of New GMEBS DB Plan Election bv 1998 DC Plan Participants (Class A. If pursuant to the administrative procedures specified in Sections 7.11- 7.15 of the Addendum to the Adoption Agreement that became effective Augusta GMEBS Plan I (Amended Effective July l, 2018) -8- January 1, 2008 (Ordinance No. 7017) an Employee participant under the DC Plan as of October 1, 2007 elected (affirmatively or by default) to waive his participation under the DC Plan in favor of participation under this Plan (new GMEBS DB Ptan): (1) he/she was required as part of said election to authorize and direct (or he was deemed to have authorized and directed in the case of a default election) the transfer of the value of all accounts maintained on behalf of the Employee under the DC Plan as of December 31, 2007 (including all employer contributions, employee contributions, and earnings thereon up until the transfer date, but excluding any rollover contributions and earnings thereon) from the DC Plan to this Plan, for the purpose of funding benefits payable under this Plan (no partial account transfers were permitted); (2) he/she became subject to the terms of the GMEBS Master Plan, the Adoption Agreement and this Addendum generally, and the plan benefits and features that apply to Class 7 Employees in particular (as reflected in the GMEBS Adoption Agreement and this Addendum); (3) the period of service with Augusta prior to January 1, 2008 during which the Employee made required employee contributions to the DC Plan, as reflected in the records of the Employer and as reported to GMEBS, excluding any periods for which the Employee did not make employee contributions to the DC Plan and provided the Employee has not previously withdrawn or received a distribution of his DC Plan account funds (in the event of a partial withdrawal, the employee's credit for prior service will be prorated), were taken into account under this Plan for purposes of determining the amount of any retirement or death benefit payable to or on behalf of the Employee under this Plan and for purposes of meeting this PIan's minimum service requirements for vesting, and eligibilify for retirement or death benefits, except as otherwise provided in subsection 15(ee) below (concerning employee withdrawal of contributions); (4) he/she was considered vested in his transferred employer contributions as of December 31,2007 to the extent he was vested in said contributions under the terms of the DC PIan as of December 31, 2001 and he will be considered 100' vested in said employer contributions when he has at least 5 years of combined Credited Service under the former DC Plan and the new GMEBS DB plan; (5) he/she was l00o vested in his transferred employee contributions as of December 31, 2007, and the Employee has a guaranteed minimum benefit, payable in accordance with the benefit payment options available under this Plan, equal to the value of his transferred employee contributions under the DC PIan as of December 31, 2007, plus 57o interest per year after December 31, 2007, computed in accordance with subsection 15(dd) below (this provision shall not be interpreted to permit lump sum distributions, except as otherwise permitted in the Master Plan); (6) if the Employee terminates employment with Augusta before becoming 100" vested under this Plan, the amount of his employee contributions, including employee contributions transferred from the 1998 DC PIan, together with interest computed in accordance rvith subsection f 5(dd) below, will be paid to the Employee (or to the Employee's estate in the case of termination due to death) in a lump sum in lieu of any other benefit under this Plan; (7) if the Employee terminates employment, retires, or dies after becoming 1007o Augusta GMEBS Plan I (Amended Effective July l, 2018) -9 - (0 vested under this Plan, the total amount of benelits paid to the Employee (and/or his Beneficiary, as applicable) .cannot be less than the value of the Employee's transferred employee contributions as of December 31r 2007 plus any employer contributions transferred from the 1998 DC Plan, plus interest on such amounts, computed in accordance with subsection 15(dd) below, reduced by any benefits previously paid to the Employee (or his Beneficiary) under the Plan; (8) the Employee's Credited Service with other GMEBS member employers (apart from Augusta) was counted in determining whether the Employee has satisfied the minimum service requirements for vesting under this Plan; and (9) if the Employee had credited service under the 1977 DB Plan or the Old GMEBS Plan prior to January l' 2008 (excluding any periods for which the Employee did not make employee contributions and provided the Employee has not previously withdrawn or received a distribution of his employee contributions) such credited service will also be counted under this Plan for purposes of determining the amount of any retirement or death benefit payable to or on behalf of the Employee under this PIan and for purposes of meeting this Plan's minimum service requirements for vesting and eligibility for retirement or death benefits. Treatment of Transferred DC Plan Account Funds. 1998 Delined Contribution Plan account balances transferred to this Plan pursuant to subsection 15(e) above will be used to help fund benefits payable to the Employee (and/or his Beneficiary under this Plan, as applicable) under this Plan. Amounts transferred to this Plan shall not otherwise be distributable to the Employee or any other person or entity, except as otherwise provided in subsection 15(e) above or subsection 15(ee) below (concerning employee withdrawal of contributions). Upon the transfer of DC account funds to this Plan, Employees who elected the new GMEBS Plan shall have no further right, title, or interest under the DC Plan in its then current form or as amended, except with respect to any rollover contributions and earnings thereon remaining in the DC Plan. Effect of Election to Remain in DC Plan. If an Employee participant under the DC Plan as of October 1,2007 elected not to transfer to this Plan, then he will not be permitted to participate in this PIan or receive any benefit from this Plan, except as otherwise provided in this subsection l5(g) or under subsection 15(r) below (concerning reemployment). If a DC Plan participant elected not to transfer to this Plan and he had previously participated under the 1977 Plan or the old GMEBS PIan, then his eligibility for early or normal retirement benefits and the amount of any retirement benefit payable with respect to his prior period of participation under such plan (including cost- of-living adjustments), if any, shall be determined based upon the benefit formula and the other terms of 1977 Plan or the old GMEBS plan (as applicable) in effect as of the date that he ceased participating in said plan as an active employee, and his final average earnings as of said date.In no event will a DC Plan participant who elected not to transfer to this Plan be eligible for disability benefits or pre-retirement death benefits under this Plan based (e) -10- Augusta GMEBS Plan I (Amended Effective July 1,2018) on his prior old GMEBS Plan or 1977 Plan service, except as otherwise provided below with respect to reemployment. (h) New GMEBS Plan Election bv 1977 Delined Benefit PIan Particinantst Generallv. Augusta previously maintained a defined benefit plan known as the January l, 1977 Retirement Plan (hereinafter referred to as the "1977 DB Plan" or "1977 PIan"). Employees who were actively employed and who were participants in the 1977 Plan as of October 1,2007 (as reflected in the records of the Employer) \ryere required to make a one-time, irrevocable election on a form provided by Augusta for such purpose and in accordance with the administrative procedures specified in Sections 7.ll-7.15 of the Addendum to the Adoption Agreement that became effective January 1,2008 (Ordinance No. 7017) to either: (1) be subject to the plan benefits and features that apply to 1977 PIan Employees who elected the new GMEBS DB Plan (as reflected in the GMEBS Adoption Agreement and General Addendum provisions applicable to Class 5 Employees); or (2) continue to be subject to certain plan benefits and features that previously apptied under the 1977 Plan (as reflected in the GMEBS Adoption Agreement and General Addendum provisions applicable to class 6 Employees). Terminated Employees and former Participants under the 1977 Plan (as of October 1, 2007) were not permitted to make an election and the amount of benefits payable to them upon normal retirement, if any, will be determined based upon their vested accrued normal retirement benefit as determined under the terms of the 1977 Plan in effect as of the date that they terminated participation under the 1977 Plan as an active employee, and their final average earnings determined under the terms of the 1977 Plan as of said termination date (except as otherwise provided in subsection 15(s) below (concerning reemployment)). Except as otherwise provided in subsection 15(s) below (concerning reemployment), said former participants under the 1977 Plan shall otherwise be subject to the terms and conditions of theGMEBS Adoption Agreement and Addendum that apply to class 6Employees with respect to eligibility requirements for early or normal retirement, cost-of-living adjustments, early retirement reduction factors, terminated vested death benefits (none avaitable), benefit payment options (except that Retirees and beneficiaries in pay status as of December SlrZO0Twill be bound by the retirement benefit payment option previously selectedby the Retiree), interest on employee contributions, the grandfathered 415limit (see subsection 15(aa)(v)), and termination of disability retirement benefits. (i)BS lon If pursuant to the administrative procedures specified in Siction. Z.1 f-Zf S ofthe Addendum to the Adoption Agreement that became effective January 1,2008 (ordinance No. 7017) an Employee participant under the 1977 DefinedBenefit PIan as of october l, 2007 elected (affirmatively or by default) towaive certain benefits payable under the terms of the lg77 DB PIan in favorof participation under this Plan (new GMEBS DB plan): (l) he was required as part of said election to authorize (or in the case of a default election, he - ll Augusta GMEBS Plan I (Amended Effective July l, 20lg) was deemed to have authorized) the use of all employee contributions made to the 1977 Plaa (and accumulated interest thereon) to help fund benefits payable under this Plan; (2) he became subject to the terms of the GMEBS Master Plan, this Adoption Agreement and Addendum generally, and the plan benefits and features that apply to Class 5 Employees in particular (as reflected in the GMEBS Adoption Agreement and this Addendum); (3) his credited service as determined under the terms of the 1977 Plan in effect immediately prior to January 1, 2008 (as reflected in the records of the Employer and as reported to GMEBS), excluding any periods during which the Employee did not make required contributions to the 1977 Plan or any period for which the Employee had withdrawn or received a refund of employee contributions, will be taken into account under this Plan for purposes of determining the amount of any retirement or death benefit payable to or on behalf of the Employee under this Plan and for purposes of meeting the minimum service requirements for vesting and eligibility for retirement or death benefits applicable to Class 5 Employees; (a) his Credited Service with other GMEBS member employers (apart from Augusta) will be counted in determining whether the Employee has satisfied the minimum service requirements for vesting under this Plan; and (5) if the Employee had previously participated under the old GMEBS Plan, his credited service under the old GMEBS Plan prior to January 1, 2008, if any (excluding any periods for which the Employee did not make employee contributions and provided the Employee had not previously withdrawn or received a distribution of his employee contributions) will be taken into account under this Plan for purposes of determining the amount of any retirement or death benefit payable to or on behalf of the Employee under this Plan and for purposes of meeting this Plan's minimum service requirements for vesting and eligibility for retirement or death benefits. CI) Effect of Election to Remain Subiect to Certain 1977 DB Plan Provisions (Class 6). If pursuant to the administrative procedures specilied in Sections 7.11-7.15 of the Addendum to the Adoption Agreement that became effective January 1, 2008 (Ordinance No. 7017) an Employee participant under the 1977 Defined Benefit Plan as of October 1,2007 elected not to be subject to the terms of new GMEBS Plan that apply to Class 5 Participants: (1) he/she continued to be subject to certain plan benefits and features that previously applied under the 1977 PIan (as reflected in the GMEBS Adoption Agreement and Addendum provisions applicable to "Class 6" Employees); (2) employee contributions previously made to the 1977 DB Plan (and accumulated interest thereon) were used to fund Class 6 benefits payable to the Employee under this Plan; (3) he/she became subject to the applicable terms of the GMEBS Master Plan, the Adoption Agreement and this General Addendum generally, and the plan benefits and features that apply to Class 6 Employees in particular (as reflected in the GMEBS Adoption Agreement and General Addendum), except as otherwise provided in this subsection and in subsection lS(aa) (concerning certain 1977 Plan provisions that remain ineffect for Class 6 Employees) and subsection 15(t) (concerning reemployment); (4) his/her credited service under the 1977 Plan as -t2- Augusta GMEBS Plan I (Amended Effective July l, 2018) determined under the terms of the 1977 Plan in effect immediately prior to January 1, 2008 (as reflected in the records of the Employer and as reported to GMEBS), excluding any periods during which the Employee did not make required contributions to the 1977 Plan or any period for which the Employee had withdrawn or received a refund of employee contributions, will be taken into account under this Plan for purposes of determining the amount of any retirement or death benefit payable to or on behalf of the Employee under this Plan and for purposes of meeting the minimum service requirements for vesting and eligibility for retirement or death benefits applicable to Class 6 Employees; (5) his/her Credited Service with other GMEBS member employers will not be counted in determining whether the Employee has satisfied the minimum service requirements for vesting under this PIan; and (6) if he/she had previously participated under the old GMEBS PIan prior to January l, 2008, then his/her eligibility for early or normal retirement benefits and the amount of any retirement benefit payable with respect to his period of participation under the old GMEBS plan (including cost-of-living adjustments), if any, shall be determined based upon the benefit formula and the other terms of the old GMEBS plan in effect asof the date that he/she ceased participating in said plan as an active employee, and his/her final average earnings as of said date, except as otherwise provided below with respect to reemployment. (k) New Plan Election bv GMEBS DB Plan Particinants: Generally. Employees who were actively employed and who were Participants in Augusta's GMEBS Defined Benefit Plan as of October l, 2OO7 (as reflected in the records of the Employer) made a one-time, irrevocable election on a form approved for such purpose and in accordance with the procedures specifiedin Sections 7.ll-7.15 of the Addendum to the Adoption Agreement that became effective January l, 2008 (Ordinance No. 7017) to either: (l) be subject to the plan benefits and features that appty to GMEBS PIan participants who elect the new GMEBS Plan (as reflected in the GMEBS Adoption Agreement and General Addendum provisions applicable to Class1 Employees (public safety employees formerly known as "Class 1" Employees under old GMEBS PIan rvho elected the new GMEBS Plan) or Class 3 Employees (non-public safety employees formerly known as "Class2fr Participants under old GMEBS PIan who elected the new GMEBS Plan), as applicable; or (2) continue to be subject to certain ptan benefits and features that applied under the GMEBS Plan prior to January 1,2008 (,,Old GMEBS Plan" or "former GMEBS Plan") (as reflected in the new GMEBS Adoption Agreement and General Addendum provisions applicable to Class2 Employees (public safety employees formerly known as "Class l" Participants under old GMEBS Ptan rvho did not elect new GMEBS Plan) or Class 4 Employees (non-public safety employees formerly known as "Class2( Participants under old GMEBS PIan who did not elect the new GMEBS Plan), as applicable. Terminated Employees and former Participants underthe GMEBS Plan (as of October l, 2007) were not permitted to make anelection and remain subject to the old GMEBS plan terms and conditions, benefits and features that were in effect as of the person's termination date -13_ Augusta GMEBS Plan I (Amended Effective July l, 2018) (as applicable, depending on the person's classification under the old GMEBS Plan), except as otherise provided in subsection. l5(u) below (concerning reemployment). (t) Effect of New Plan Election bv GMEBS Participants (Class I and Class 3). If pursuant to the administrative procedures specified in Sections 7.11-7.15 of the Addendum to the Adoption Agreement that became effective January 1, 2008 (Ordinance No. 7017) an Employee Participant under the GMEBS Plan as of October 1, 2007 elected (affirmatively or by default) to waive benefits payable under the terms of the former GMEBS Plan in favor of benefits payable under the terms of the new GMEBS PIan that became effective January 1, 2008: (1) he/she became subject to the terms of the GMEBS Master Plan, the Adoption Agreement and this General Addendum generally, and the plan benelits and features that apply in particular to Class 1 Employees (public safety Employees formerly known as "Class l" Employees under old GMEBS Plan who elected the new GMEBS Plan) or Class 3 Employees (non-public safety Employees formerly known as "Class 2" Participants under old GMEBS Plan who elected the new GMEBS Plan), as applicable, and as reflected in the GMEBS Adoption Agreement and this Addendum; and (2) if the Employee had previously participated under the 1977 Plan, his/her credited service under the 1977 Plan prior to January l, 2008, if any (excluding any periods for which the Employee did not make employee contributions and provided the Employee had not previously withdrawn or received a distribution of his/her employee contributions) will be taken into account under this Plan for purposes of determining the amount of any retirement or death benefit payable to or on behalf of the Employee under this Plan and for purposes of meeting this Plan's minimum service requirements for vesting and eligibility for retirement or death bene{its. (m) Effect of Old Plan Election bv GMEBS Particirrants (Class 2 and Class 4). If pursuant to the administrative procedures specified in Sections 7.11-7.15 of the Addendum to the Adoption Agreement that became effective January l, 2008 (Ordinance No. 7017) an Employee Participant under the GMEBS Plan as of October 112007 elected not to waive benefits payable under the terms of the former GMEBS Plan in favor of benefits payable under the terms of the GMEBS Plan that became effective January 1, 2008: (1) he/she became subject to the terms of the GMEBS Master Plan, the Adoption Agreement and this General Addendum generally, and the plan benefits and features that apply in particular to Class 2 Employees (public safety Employees formerly known as "Class 1" Employees under old GMEBS Plan who did not elect the new GMEBS Plan) or Class 4 Employees (non-public safety Employees formerly known as 'rClass 2" Participants under the old GMEBS PIan who did not elect the new GMEBS PIan), as applicable, and as reflected in the GMEBS Adoption Agreement and this General Addendum; and (2) if he/she had previously participated under the 1977 Plan prior to Januaqr 1, 2008' then his/her eligibility for early or normal retirement benefits and the amount of any retirement benefit payable with respect to his/her period of -14- Augusta GMEBS Plan I (Amended Effective July l, 2018) participation under the 1977 Plan (including cost-of-living adjustments), if any, shall be determined based upon the benefit formula and the other terms of the 1977 plan in effect as of the date that he/she ceased participating in said plan as an active employee, and his/her final average earnings as of said date. (n) Effect of No Election (Default Election) - Participation in New GMEBS DB Plan. If a 1998 DC Plan participant, a 1977 DB Plan participant, or a GMEBS Plan participant was eligible to make an election under the applicable terms of Ordinance No. 7017 but failed or refused to submit a signed election form within the prescribed election period pursuant to any procedures established by the Interim Human Resources Director, the Employee was deemed to have irrevocably elected to participate under the terms of the new GMEBS DB Plan and became subject to the provisions of the Adoption Agreement and this General Addendum that apply to Class 1, Class 3, Class 5, or Class 7 Participants, as applicable. (o) Emplovees on Leave of Absence: Election. If an Employee participant in the 1998 DC Plan, the 1977 DB PIan, or the GMEBS Plan would otherwise have been eligible to make an election under the applicable terms of Ordinance No. 7017 but was on an approved leave of absence that included any part of the election period (and assuming the Employee did not submit an election form before the end of the election period), the Employee will be given the opportunity to make the irrevocable election pursuant to the procedures specified in Sections 7.ll-7.14 of the Addendum to the Adoption Agreement that became effective January 1, 2008 (Ordinance No. 7017), if and when the Employee returns to active employment with Augusta immediately upon expiration of said leave of absence. Said election must be submitted by the Employee to the Interim Human Resources Director rvithin one (1) calendar month of the Employee's return to active employment. If the Employee does not return to active employment with Augusta immediately following expiration of the leave of absence, the Emptoyee will be deemed to have irrevocably elected not to participate under the terms of the new GMEBS DB Plan. If the Employee returns to active employment as an Eligible Regular Employee immediately upon expiration of the leave of absence but does not make an election within one (l) calendar month after return to active employment, the Employee will be deemed to have elected the new GMEBS PIan and will be subject to the terms of the Plan applicable to Class 1, Class 3, Class 5 or Class 7, as applicable. (p) Elisible Resular Emnlovees Initiallv Emploved or Reemploved Between October 1. 2007 & Januarv 1. 2008. If an Eligible Regular Employee was initially employed or reemployed after October 1,2007 and before January 1, 2008, he or she was not eligible to participate in the 1998 DC Plan. Assuming he or she met the applicable requirements for participation in this Plan, the Employee commenced participation in this Plan as of JanuarT l,2008, and the Employee was required to begin making emproyee contributions to the Plan as of January 1, 2008. Horvever, assuming the - 15 - Augusta GMEBS Plan I (Amended Effective July 1,2018) (q) other terms and conditions of the Plan were satisfied, Eligible Regular Employees who were initially employed or reemployed after October 112007 and before January l, 2008 and who became Participants in this Plan received credit for Service between October 1r 2007 and January l, 200E, notwithstanding the fact that their employee contributions did not commence until January 1,200E. Reemplovment of Former 1998 DC Plan Participants after October 1. 2007 (No Election Onportunitv)t Participation in GMEBS DB PIan: Prior Service Credit Purchase. This subsection will not apply to any Employee who had an opportunity to make an election under subsection 15(d) (active employee election) or subsection 15(o) (election by employees on leave of absence). Except as otherwise provided in subsection l5(gg)(iii), if a former 1998 DC Plan Participant is reemployed as an Eligible Regular Employee after October 1,2007, he/she will be governed by the terms of the new GMEBS DB Plan applicable to Class 9 Employees. Said Eligible Regular Employees will not receive any credit under this PIan with respect to their Service with Augusta prior to their reemployment date for any purpose (vesting, benefit eligibility, or benefit computation) under this Plan, except as otherwise permitted under the Service Credit Purchase Addendum. Reemplovment of DC Plan Participants Who Elect DC PIan: Mandatoru Participation in GMEBS Plan. If a 1998 DC Plan Participant elected to remain in the DC Plan in accordance with subsection fs(d) (active employees) or subsection 15(o) (election by employees on leave of absence) above and is later terminated and became reemployed by Augusta as an Eligible Employee, he/she will be governed by the terms of the new GMEBS Plan applicable to Class 9 Employees, notwithstanding his/her prior election. Said Eligible Employees will not receive any credit under this Plan with respect to their Service with Augusta prior to their reemployment date for any purpose (vesting, benefit eligibility, or benefit computation) under this Plan, except as otherwise permitted under the Service Credit Purchase Addendum. Reemplovment of Former 1977 DB PIan Participants after October 1. 2007(No Election opportunitv): Mandatorv Participation in GMEBS DB Plan. This subsection will not apply to any Employee who had an opportunity to make an election under subsection 15(h) (active employee election) or subsection 15(o) (election by employees on leave of absence). Except as otherwise provided in subsection lS(gg)(iii), if a former 1977 DB PIan Participant is reemployed as an Eligible Regular Employee after October l, 2007, he/she will be governed by the terms of the new GMEBS DB PIan applicable to Class 9 Employees. Said Employees will not receive any credit under this Plan with respect to their Service with Augusta prior to their reemployment date for any purpose (vesting, benefit eligibitity, or benelit computation), if they have previously withdrawn their employee contributions to the 1977 DB Plan, except as otherwise permitted under theservice credit Purchase Addendum. If returning Eligible Regular (r) (s) -t6- Augusta GMEBS Plan I (Amended Effective July l, 2018) (t) Employees have not withdrawn or received a refund of employee contributions made to the 1977 DB Plan prior to their reemployment, they will receive credit under this Plan for credited service under the 1977 Plan relating to said contributions prior to reemployment (the amount of such credited service will be determined based on the records of the Employer as reported to GMEBS), excluding any periods during which the Employee did not make required contributions to the 1977 Plan, provided they satisS this Plan's break in service rules, if applicable. Such credit will be taken into account under this Plan for purposes of determining the amount of any retirement or death benefit payable to or on behalf of the Eligible Employee under this Plan and for purposes of meeting the minimum selvice requirements for vesting and eligibility for retirement or death benefits, unless the Employee later withdraws his employee contributions (see subsection 15(ee) below). Reemplovment of 1977 Plan Particinants Who Elect Old 1977 Plan. lf a 1977 DB Plan Participant elected the old 1977 DB Plan in accordance with subsection 15(h) (active employees) or subsection 15(o) (leave of absence) above and is later terminated and reemployed by Augusta as an Eligible Regular Employee, he/she will be governed by the terms of the new GMEBS Plan applicable to Class 9 Employees, nohvithstanding his/her prior election. This rule will also apply to a DC Plan participant or GMEBS Plan participant who made an old plan election (see subsection 15(g) and subsection 15(m)) if he/she had credited service prior to January 1, 2008, under the 1977 PIan, for purposes of determining eligibility and entitlement to benefits, if any, with respect to said prior credited service under the 1977 Plan. (u) Reemplovment of Former GMEBS Participants after October 1. 2007 (No Election Opportunitv): Mandatorv Particirration in New GMEBS DB Plan. This subsection will not apply to any Employee who had an opportunity to make an election under subsection 15(k) (active employee election) or subsection 15(o) (election by employees on leave of absence). Except as otherwise provided in subsection ls(ggxiii), if a former GMEBS Plan Participant is reemployed as an Eligible Regular Employee after October 1, 2007,, he/she will be governed by the terms of the new GMEBS DB plan applicable to Class 9 Employees. If returning Eligible Regular Employees have not withdrawn or received a refund of their employee contributions made to the GMEBS Plan prior to their reemployment, they will receive credit under this Plan for Credited Service under the GMEBS Plan prior to reemployment, subject to subsection 15(x) below (concerning credit for Service prior to March 1, I987) and subject to this Plan's break in service rules, if applicable. If they have withdrawn their contributions prior to reemployment, they will be governed by the provisions of the Master Plan concerning the effect of withdrawal. (v) Reemrrlovment of GMEBS Participants who Elected Old GMEBS Plan. If a GMEBS PIan Participant elected the old GMEBS Plan in accordance with Augusta GMEBS Plan I (Amended Effective July l, 2018) t7- subsection l5(k) (active employee election) or subsection 15(o) (election by employees on leave of absence) above and is later terminated and reemployed by Augusta as an Eligible Regular Employee, he/she will be governed by the terms of the new GMEBS PIan applicable to Class 9 Employees, notwithstanding his/her prior election. This rule will also apply to a DC Plan participant or 1977 Plan participant who made an old plan election (see subsection 15(g) and subsection 15(i)) if he/she had credited service prior to January 1, 2008 under the old GMEBS Plan, for purposes of determining eligibility and entitlement to benefits, if any, with respect to said prior credited service under the old GMEBS Plan. (w) Reemplovment of Former Participants under 1945. 1949 Plans. If a former Participant in the Augusta-Richmond County 1945 Pension Plan or the Augusta-Richmond County 1949 Pension Plan (not including those who became participants in the 1977 Plan prior to January 1, 2008) is reemployed by Augusta as an Eligible Regular Employee after October l, 2007, he/she will be governed by the terms of the new GMEBS PIan applicable to Class 9 Employees. His/her service with Augusta prior to such reemployment date will not be taken into account for any purpose (vesting, benefit eligibility, or benefit computation) under the terms of this Plan, except as otherwise permitted in the Service Credit Purchase Addendum. (x) Classes 1-4; No Credit for Service Prior to Orieinal Effective Date of GMEBS PIan. With respect to Participants in Classes 1,2,3, and 4, Credited Service does not include Service with Augusta prior to March l, 1987 (the original effective date of the GMEBS Plan), except to the extent that credit for such service is purchased in accordance with and subject to the Service Credit Purchase Addendum. However, Service by such Participants prior to March l, 1987 will be taken into account in determining whether the Participant has met the minimum service requirements for vesting and benefit eligibility under this PIan. This provision will apply regardless of the Participant's reemployment after January 1, 2008. (V) Class 8 Emnlovees: No Credit for Service Prior to Januarv l. 2008. With respect to Class 8 Employees as described in subsection 15(a), Service prior to January 1, 2008 will not be taken into account for any purpose under this Plan, except to the extent that credit for such Service is purchased in accordance with and subject to the Service Credit Purchase Addendum. (z) Disabilitv Retirement Benefits. Disability retirement benefits under this Plan shall be administered in accordance with the provisions of the GMEBS Master Plan, except as otherwise provided in this subsection 15(z) or subsection 15(aa) below (concerning disability benefits for Class 6 Participants). If a Participant (other than a Class 6 Participant) is not disabled in accordance with the GMEBS Master Plan Section 2.23(a) definition solely because he/she lacks the quarters of Social Security coverage required to receive disability insurance benefits under the Federal Social Security Act, as amended, Disability shall mean a physical or mental - 18 - Augusta GMEBS Plan I (Amended Effective July l, 201 8) disability of a Participant if the Pension Committee shall determine that he is permanently incapacitated on the basis of a certificate signed by a physician selected and engaged by the Participant, stating that: (1) such Participant is permanently and totally physically or mentally disabled by anatomical, physiological, or psychological abnormalities that are demonstrable by medically acceptable clinical and laboratory diagnostic techniques, so as to be prevented from engaging in any occupation or employment whatsoever for remuneration or profit; (2) such disability commenced on a specilied date during the period of the Participant's employment with Augusta, Georgia; (3) such disability will be permanent and continuous during the remainder of the Participant's life; and (4) such disability was not intentionally self- inflicted, incurred in the commission of a felonious enterprise, or the result of the abuse or illegal use of narcotics or drugs. The Pension Committee shall have the right to require the Participant who applies for Disability Retirement or who is receiving Disability Retirement benefits to be examined by a physician chosen by the Pension Committee to confirm the Participant's initial disability or continuation of disability. Should the physician chosen by the Pension Committee not confirm the Participant's initial disability or continuation of disability, then such physician and the physician selected by the Participant shall select a third physician by mutual agreement, who shall determine finally and unalterably whether the Participant is disabled as defined herein. (aa) Certain Old 1977 DB Plan Provisions Preserved for Class 6 Particinants. (D Class 6 Interest on Emnlovee Contributions. Notwithstanding any provision of this Plan to the contrary, for Class 6 Participants interest shall be credited on Employee Contributions from the January I next following the date of which such Contributions are made until the earlier of: (1) the date of termination of employment for any reason; and (2) the Participant's Normal Retirement Date, with such interest compounded annually at the rate of 5"h per annum. (ii) Class 6 Earlv Retirement Factors. Notwithstanding any provision of this PIan to the contrary, for Class 6 Participants, the monthly Barly Retirement benefit shall be computed in the same manner as the Normal Retirement benefit, but the benefit shall be reduced by Sll2Yo for each complete month by which the Early Retirement Date of a Participate precedes his Normal Retirement Date or Alternative Normal Retirement Date (age 65, or age 62 if the Participant has 25 years of Credited Service). (iii) Class 6 Disabilitv Retirement. (A) Emplovment-Connected Disabilitv. A Class 6 Participant may retire with a Disability Retirement benefit under the Plan if he becomes totally and permanently disabled with a "Disabilify" as defined in GMEBS Master Plan Section 2.23 (based on -19_ Augusta GMEBS Plan I (Amended Effective July l, 2018) (B) Social Security disability determination, except where Participant has insullicient quarters of Social Security coverage) from a cause arising out of and in the course of employment, as determined by the Pension Committee. If Master Plan Section 2.23(b) applies (due to insullicient quarters of Social Security coverage) and the physician chosen by the Pension Committee does not confirm the Participant's disability, then such physician and the physician chosen by the Participant shall select a third physician by mutual agreement, who shall determine finally whether the Participant is disabled within the definition of GMEBS Master Plan Section 2.23(b). Payment of the Disability Retirement benefit to Class 6 Participants shall be governed by the following provisions of this subsection 1S(aa)(iii), notwithstanding any other provision of the GMEBS Master Plan to the contrary. Class 6 Non-Admissible Causes of Disabilitv. Notwithstanding anything in this subsection ls(aa)(iii) or the Master Plan to the contrary, a Class 6 Participant shall not be entitled to receive any Disability Retirement benefit if the Pension Committee determines that the Participant's disability is a result of any of the following: excessive and habitual illegal use by the Participant of drugs or narcotics; injury or disease sustained by the Participant while willfully participating in acts of violence, riots, civil insurrections, or while committing a criminal offense; injury or disease sustained by the Participant after his employment has terminated; injury or disease sustained by the Participant while working for anyone other than Augusta and directly attributable to such employment; or intentional, self-infl icted injury. Class 6 - Continuins Examination. Once each year after commencement of Disability Retirement benefits, the Pension Committee may require proof of the continued total and permanent disability of the Class 6 Participant. The decision of the Pension Committee on all such questions shall be linal and binding. Class 6 - Amount of Emplovment-Connected Disabilitv Retirement Benefit. The monthly retirement benefit payable to a Class 6 Participant on his Disability Retirement Date, if he is entitled to an employment-connected disability benefit under subsection 15(aa)(iii)(A) above, shall be Lll2 of fifty-percent (50%) of his Final Average Earnings determined as of his Disability Retirement Date, reduced by any monthly payment received under worker's compensation law (as determined by the Human Resources Director and reported to GMEBS), or if worker's compensation is paid in a lump-sum payment, the (c) (D) -20 - Augusta GMEBS Plan I (Amended Effective July l, 2018) monthly payments otherwise payable to the Participant under the Plan shall be reduced by an amount which equitably adjusts, as determined by the lluman Resources Director, for the amount to which the Participant is eligible under worker's compensation. (E) Class 6 - Pavment of Emplovment-Connected Disabilitv Retirement Benefit. The retirement benefit to which a Class 6 Participant is entitled in the event of Disability shall be payable on the first day of each month. The first payment shall be made on the Participant's Disability Retirement Date and the Iast payment shall be the payment due next preceding the earlier of (1) the Participant's date of death, or (2) the cessation of his Disability prior to his Normal Retirement Date. The Disability Retirement Date shall be the first day of the month which coincides with or next follows the date the Pension Committee approves payment of the disability benefit. (F) Class 6 - Termination of Disabilitv Retirement Benefit. If a Class 6 Participant's Disability ceases prior to his Normal Retirement Date and he does not become reemployed by Augusta within 60 days after his recovery, all rights of the Participant in and to a Disability Retirement benefit shall cease and he shall be entitled to: (1) an Early Retirement benefit, if he had satisfied the requirements for Early Retirement as of the date of inception of his Total and Permanent Disability, or (2) t Normal Retirement benefit, if he has satisfied the requirements for Normal Retirement. Either such benefit shall be based on his Credited Service and Final Average Earnings as of the date of inception of the Participant's Disability. If the Participantrs Disability ceases and he becomes reemployed by Augusta, his employment will be deemed to have been continuous, provided that the period beginning with the first month for which he received a disability payment and ending with the date of reemployment will not be considered as Credited Service for purposes of the Plan. (G) Class 6 Non-Employment Connected Disability: 5 Year Elieibilitv Requirement. If a Class 6 Participant becomes Disabled from a cause: (1) not arising out of and in the course of his employment and (2) other than specified in subsection 15(aa)(iii)(B) above (concerning non-admissible causes of disability) after the completion of live (5) or more years of Credited Service, he shall be entitled to a Disability Retirement benefit in accordance with subsection 15(aa)(iii)(H)-(J) below. (H) Class 6 Retirement Date. Proof of Non-Emplovment Connected Disabilitv. The Disability Retirement Date of a Participant -21 - Augusta GMEBS Plan I (Amended Effective July l, 2018) shall be the date defined in subsection 15(aa)(iiixE) above. Proof of Disability shall be the same as that required in subsection f 5(aa)(iii)(A){C) above. (I) Class 6 Amount of Non-Emplovment Connected Disabilitv Benefit: Accrued Benefit. In the case of a non-employment connected Disability, the monthly retirement benefit payable to a Participant on his Disability Retirement Date shall be an amount equal to lll2 of l"/" of his Final Average Earnings multiplied by his Credited Service up to his Disability Retirement Date, reduced by any monthly payment received under worker's compensation law (as determined by the Human Resources Director and reported to GMEBS), or if workerrs compensation is paid in a lump-sum payment, the monthly payments otherwise payable to the Participant under the Plan shall be reduced by an amount which equitably adjusts, as determined by the Human Resources Director, for the amount to which the Participant is eligible under worker's compensation. (O Class 6 Pavment of Non-Emplovment Connected Disabilitv Benefit: Termination of Benefits. The provisions of subsection 15(aa)(iii)@) and subsection 15(aa)(iii)(F) above concerning payment and termination of Disability Retirement Benefits shall also apply to Class 6 Participants who are receiving non- employment connected Disability Retirement benefits. (iv) Class 6 Pre-Retirement In-Service Death Benefits. (A) In-Service Pre-Retirement Death Benefit Pavable in Event of In-Seruice Dutv-Connected Death or In-Service Non-Dutv- Connected Death: 257o of Final Average Earnings: Pavment to Designated Pre-Retirement Beneficiarv. If, on or after July 1, 2018, the employment of a Class 6 Participant is terminated by reason of his or her death either 1) while actively performing the prescribed duties of his or her job and not resulting from any misconduct or willful negligence of the Participant, as determined by the Pension Committee, or 2\ such death was not the result of the Participant actively performing the prescribed duties of his or her job, as determined by the Pension Committee, but the Participant had satisfied the Vesting requirements applicable to Class 6 Participants, a monthly benefit equal to lll2 of twenty-five (25o/o\ of the Participant's Final Average Earnings as of the date of death (as adjusted in accordance with applicable laws and regulations, including but not limited to Section a01(a)(9) of the Internal Revenue Code and Treasury Regulation 1.a01(a)(9)-6) shall be _22 _ Augusta GMEBS PIan I (Amended Effective July 1,2018) payable to the Participant's designated Primary or Secondaly Pre-Retirement Beneficiary, as applicable. (B) Pavment to Suruivins Spouse or Estate if No Desisnated Pre- Retirement Beneficiarv. If there is no designated Primary or Secondary Pre-Retirement Beneficiary, to whom this in-service pre-retirement death benefit is payable, then said benefit shall be payable to the Participant's surviving Spouse. In such case, the Participant's surviving Spouse shall be considered the Pre- Retirement Beneficiary under the PIan. In the absence of a Pre-Retirement Beneficiary (i.e., a designated Pre-Retirement Beneficiary or surviving Spouse), then a lump sum amount equal to fifty percent (50%) of the Actuarial Equivalent of the monthly death benefit described herein, if any, which would have been payable over the life of the Participant's surviving Spouse, assuming the Spouse was the same age as the Participant, shall be payable to the Participant's estate in lieu of the lifetime monthly benefit which othenvise would be payable to the Pre-Retirement Beneficiary. Grandfathered 415 Limit for Class 5 and Class 6. In accordance with Internal Revenue Code Section 415(bX10), notwithstanding any provision of the Master Plan to the contrary, with respect to Class 5 and Class 6 Participants who became participants in the 1977 DB Plan before January lr 1990, the maximum annual benefit payable in accordance rvith the IRC 415 benefit limitations contained in the Master Plan shall not be less than such Participant's Accrued Benefit under this Plan (as determined without regard to any plan amendment made after October 14r 1987). (vi) Vestins for Class 5 and Class 6 Denartment Heads. A Class 5 or Class 6 Participant who was appointed a department head by Richmond County prior to January l, 2008 shall be l00oh vested, notwithstanding the 5-year vesting requirement otherwise applicable under the Plan. (bb) Benefits Pavable As of lst of the Month for the Month. Notwithstanding any provision of the GMEBS Master PIan to the contrary, retirement benefits (including Normal Retirement, Early Retirement, and Disability Retirement Benefits) and death benefits shall be payable on the first day of the month for the month (rather than the last day). (cc) COLA Applied as of Februarv 1. Notwithstanding any provision of the GMEBS Master Plan to the contrary, the annual cost-of-living adjustment provided for in the Adoption Agreement will be applied as of February I each year (with February payment). The cost-of-living adjustment will (v) _23 _ Augusta GMEBS Plan I (Amended Effective July l, 2018) other.wise be determined in accordance with the GMEBS Master PIan and the COLA provisions of the Adoption Agreement. (dd) Interest on Emplovee Contributions. Except as otherwise provided in the Adoption Agreement and this General Addendum with respect to Participants in Classes 21 4, and 6, employee contributions shall be credited with interest at the rate of 5'h per annum, compounded annually. (See Adoption Agreement Section 19 and General Addendum subsection 15 (aa)(i)). (ee) Effect of Withdrawal of Emplovee Contributions. If a Participant terminates Service with Augusta after January l, 2008 and withdraws or receives a refund of employee contributions to this PIan following said termination (including employer and employee contributions transferred to this Plan from the DC plan, any employee contributions made to the 1977 Plan, any employee contributions made under the old or new GMEBS Plan, and/or any contributions made to purchase prior service credit), then the Participant will forfeit for him or herself, his or her heirs and assigns all of his or her rights, title, and interest in the Plan in accordance with Master PIan Section 13.03, except as otherwise provided in this Section with respect to repayment in the event of reemployment. A partial withdrawal or refund of employee contributions is not permitted. A Participant may not withdraw employee contributions as long as he or she remains in Service and may not borrow against his or her employee contributions at any time. Notwithstanding any provision of the Master Plan to the contrary, if a Participant withdraws employee contributions after January 1, 2008, and later returns to Service with Augusta as an Eligible Employee, then any service credit or benefit amount forfeited by virtue of the withdrawal or refund may be reinstated, provided that within six (6) months after his or her reemployment date (or prior to his or her termination date following reemployment, if earlier), he or she repays to this Plan in a lump sum any and all amounts previously withdrawn or refunded, plus interest calculated at the rate of 8o/o per annum. Partial repayment is not permitted. In no event will the time the Participant was absent be taken into account in calculating the amount of any benelit payable under this Plan. Said Participants will also be required to satisfy the break in service requirements of Section 4.06 of the Master Plan, if applicable. (f0 Reliance on Information from Prior Plan Administrator and from Emplover Concernins Participation in this Plan. or Concerning Participation in Other Retirement Plans of Augusta. Georgia. Richmond Countv. Georgia. or Both rrrior to Januarv 1. 2008: Administration of Benefits to Terminated Vested Participants Who Terminated Prior to Januarv 1. 20081 Insufficient Information Relatins to Calculation of Benefits under Prior Plan.(D Consistent with Sections 20.12 and 20.13 of the Master PIan and subsection (rr) of this Addendum, GMEBS is entitled to rely on, and shall not be liable for relying on, Participant information (e.g., equity balance, Credited Service, Earnings and benefit estimates) provided -24 - Augusta GMEBS Plan I (Amended Effective July 1,2018) to GMEBS by the Employer or by the administrator of any applicable prior retirement plan(s) sponsored by Augusta, Georgia, Richmond County Georgia, or both; provided, however, that if the Employer notifies GMEBS in writing that any information concerning an individual Participant is incorrect or insufficient and provides corrected information in writing along with specific authorization to rely on the corrected information, GMEBS shall be entitled to rely on, and shall not be liable for relying on, such information. In the event information relied on by GMEBS pursuant to this paragraph is incorrect or insufficient and use of such information results in an underpayment, overpayment or other error' the Employer, and not GMEBS, shall be responsible for correcting said error' including but not limited to making corrective payments to the retirement trust fund and paying any applicable damages and attorneys' fees in the event of litigation.(ii) Recognizing that documentation by previous plan administrators of the accrued benelits of Participants who terminated prior to January 1, 2008, may not provide adequate information relating to the computation of Retirement or death benefits under the Plan (e.g., Early Retirement factors or factors necessary to determine monthly Retirement benefits if a Participant elects a joint and survivor benefit) to accurately determine the amount of a Participant's monthly Disability or Retirement benefit (or death benefits payable on behalf of such Participant), the following provisions shall govern the administration of Disability, Retirement or death benefits with respect to a Participant who Ternrinated employment with the Employer prior to January 1,2008, and rvho applies for Disability or Retirement benefits (or on whose behalf death benefits become payable) on or after such date. (A) Where sufficient information necessary to compute such a Participant's benefits (or benefits payable on behalf of such a Participant) is available, including applicable prior plan documents, GMEBS will compute the Participant's Disability or Retirement benefits (or death benefits payable on behalf of the Participant) in accordance with such plan documents and supporting information. (B) Where sufficient information necessary to compute such a Participant's benefits (or benefits payable on behalf of such a Participant) is not available, if the accrued benefits of such a Participant were calculated by the plan administrator in place at the time of the Participant's termination, and GMEBS has written documentation of such calculation, GMEBS will administer Disability or Retirement benefits to that Participant (or death benefits payable on behalf of such participant) in accordance with the greater of:(1) The prior administrator's calculation of the Participant's benefits, applying the GMEBS retirement -25 - Augusta GMEBS Plan I (Amended Effective July 1,2018) factors and the standard early retirement factors in effect for said Participant's class at the time of the Participant's Disabitity, Retirement or death to determine the monthly benefit amount payable to the Participant and/or his or her Beneficiary; or (2) GMEBS's calculation of the Participant's Disability' Retirement or death benefits, using the terms of the GMEBS Plan in effect for said Participant's class at the time of the Participant's Disability, Retirement or death, including the benefit formula, the definition of Final Average Earnings and any applicable factors. (C) Where sufficient information necessary to compute such a Participant's benefits (or benefits payable on behalf of such a Participant) is not available and GMEBS does not have documentation of a prior administrator's calculation of the accrued benefits of such a Participant, GMEBS will apply the applicable terms of the GMEBS Plan in effect for said Participant's class at the time of the Participant's application for Disability or Retirement benefits (or at the time of the Participant's death, if applicable), including the benefit formula, the definition of Final Average Earnings and any applicable factors, to calculate the Participant's Disability, Retirement or death benefits.(D) This subsection (ff) shall be applied in a manner consistent with, and not in lieu of, Sections 20.12 and 20.13 of the Master PIan, as well as subsection (rr) and other applicable provisions of this Addendum, and shall apply with respect to all Participants, including but not limited to Participants actively employed on or after January l, 2017, Participants who Terminated employment prior to such date (including Participants who Terminated employment prior to January 1, 2008,) and Participants who Retired (including Participants receiving Disability Retirement benefits) or on whose behalf death benefits became payable prior to or on such date. (gg) Treatment of Classes for Whom Participation is Optional. (i) Initiallv Emploved After October 1.2007 but before October 1.2017. This provision applies only with respect to the classes for whom participation in this Plan is optional (see subsection 15(b) above). If an Eligible Employee is initially employed or initially takes office with Augusta (with no prior service for Augusta) as an elected or appointed member of the Governing Authority (member of the Augusta, Georgia Commission Council), Administrator, Assistant Administrator, Department Director, Assistant Department Director, or Law Department General Counsel or Law Department staff attorney after October 1,2007, but prior to October 1,2017, he/she must make an irrevocable election whether to participate in this Plan -26 - Augusta GMEBS Plan I (Amended Effective July 1,2018) or the DC Plan, (as amended and restated effective January 1,2008 and subject to any future amendments) in acgordance with the 30-day election time limit and other procedures referred to in subsection 15(b) above. If he/she fails or refuses to make an election within the 30-day time limit, it will be deemed an irrevocable election to participate in this PIan (not the DC Ptan). If the Employee was initially employed between October 1,2007 and January 1,2008, and he/she elected (affirmatively or by default) in accordance with the election procedures specified in Sections 7.ll-7.L5 of the Addendum to the Adoption Agreement that became effective January 1, 2008 (Ordinance No. 7017) to participate in this Plan rather than the DC Plan, the provisions of subsection 15(p) (concerning commencement of emptoyee contributions and credit for service prior to January 1, 2008) witl apply. If he/she elected pursuant to said election procedures (affirmatively or by default) to participate in this Plan rather than the DC Plan, then in the event he/she terminates or leaves office and later returns to Service with Augusta as an Eligible Employee, he/she will be required to participate in this Plan upon reemployment, and will be subject to the break in service provisions (if applicable) and other applicable provisions of this PIan concerning reemployment. If he/she elected to participate in the DC Plan (rather than this PIan), then in the event he/she terminates or leaves office and later returns to Service with Augusta as an Eligible Employee, he/she will not be able to make a plan election upon his/her reemployment and he/she rvill be required to participate in this Plan, notwithstanding his/her prior election to participate in the DC Plan. In such case, he/she will not receive any credit under this Plan with respect to Service with Augusta, prior to said reemployment date for any purpose (vesting, benefit eligibility, or benefit computation), except as otherwise permitted under the Service Credit Purchase Addendum. (ii) Emploved as of October 1. 2007: Return to Service After Election. Elected or appointed members of the Governing Authority, the Administrator, Assistant Administrators, Department Directors, Assistant Department Directors, Law Department General Counsel and Law Department staff attorneys who were employed or in office as of October l, 2007 will be bound by their plan election made (affirmatively or by default) in accordance with and subject to the procedures specified in Sections 7.ll-7.15 of the Addendum to the Adoption Agreement that became effective January 1, 2008 (Ordinance No. 7017) (unless they are a member of Class 8 in which case participation under the new GMEBS Plan will be mandatory). However, in the event they terminate or leave office after January 1, 2008, and later return to Service with Augusta as an Eligible Employee, they will not be permitted to make a plan election upon return to Service and will be required to participate under the terms of the new GMEBS Plan applicable to Class 9 Employees, notwithstanding any prior election, in the same manner and subject to _27 _ Augusta GMEBS Plan I (Amended Effective July l, 201 8) the same conditions as other Employees who made an election (affirmativety or by default) during the established election period (see subsection 15(r), subsection 15(t)' or subsection 15(v)' as applicable). (iii) Reemploved After October l. 2007: No Previous Election Onnortunitv. Subject to any applicable election limitations under the Internal Revenue Code, if a former Employee who was not employed as of October l, 2007 (not including those who had an election opportunity) returns to Service with Augusta after October 1r2007, but before October lr2017, as an Eligible Employee and as an elected or appointed member of the Governing Authority, Administrator, Assistant Administrator, Department Director, Assistant Department Director, Law Department General Counsel or Law Department staff attorney, he/she must make an irrevocable election within the 30-day election period referred to in subsection 15(b) to participate in accordance with and subject to either: (1) the terms of the new GMEBS DB Plan applicable to Class 9; or (2) the DC Plan as amended and restated effective January 1,2008, subject to any future plan amendments. Said returning Employees who last participated under the 1977 DB PIan may elect to participate under the terms of the new GMEBS DB Plan applicable to Class 6, or the terms of the new GMEBS DB PIan applicable to Class 9, or the DC PIan. If the Employee fails or refuses to make an election within the 30-day time Iimit, it will be deemed an irrevocable election to participate under the terms of the new GMEBS DB Plan applicable to Class 9. If the Employee elects (affirmatively or by default) to participate in the new GMEBS DB Plan, he will not receive any credit under this PIan with respect to Service with Augusta prior to said return to Service for any purpose (vesting, benefit eligibility, or benefit computation), except as otherwise permitted under the Seruice Credit Purchase Addendum. However, the provisions of subsection 15(s) concerning the effect of prior withdrawal or refund of employee contributions shall apply to returning former 1977 DB Plan participants who participate in the new GMEBS DB Plan upon return to Service. The provisions of subsection 15(u) concerning the effect of withdrawal or refund of employee contributions shall apply to returning former GMEBS Plan participants who participate in the new GMEBS DB Plan with respect to employee contributions withdrawn before said return. In the event the Employee terminates or leaves office after making said election, and he or she later returns to Service with Augusta as an Eligible Employee, he or she will not be able to make a plan election upon reemployment and will be required to participate under the terms ofthe new GMEBS PIan applicable to Class 9 Employees, notwithstanding any prior election. Said Participant rvill not receive any credit under this PIan with respect to Service while a participant under the DC Plan prior to said reemployment date for any purpose (vesting, benefit eligibility, or benefit computation), except as -28 - Augusta GMEBS Plan I (Amended Effective July l, 2018) otherwise permitted under the Service Credit Purchase Addendum and the provisions of subsection lS(ee) (concerning the effect of withdrawal of employee contributions) will apply with respect to those who have previously elected to participate in the new GMEBS DB Plan. (hh) Treatment of Tax Commissioner's Office Emplovees. Employees initially employed or rehired after October l, 2007 as employees of the Augusta- Richmond County Tax Commissioner's office will be eligible to participate in this PIan only if they are considered "Regular Employees" as defined in the Augusta-Richmond County Personnel Policies, and only if they meet the GMEBS Master Plan definition of "Employee" and this Plan's definition of "Eligible Employee." If the Employee satisfies these requirements, participation in this Plan will be mandatory. On and after November l,20ll, Employees of the Tax Commissioner's office who meet the minimum service requirements for participation under this Plan and who as of October 31, 2011 are not participating in any Augusta retirement plan that is wholly or partially funded by Employer contributions will be required to participate in this PIan, notwithstanding whether such Employees also participate in the Employees Retirement System of Georgia (ERS). An Employee of the Tax Commissioner's office who: (1) did not participate in any other Augusta retirement plan that is wholly or partially funded by Employer contributions on October 3lr20ll, and (2) becomes a Participant in this Plan on November l, 2011, shall receive credit for the purpose of vesting only under this Plan for any full-time (20 hours per week, regularly scheduled) service with the Tax Commissioner's Office on or after January 1, 2008 during which such employee did not participate in any other Augusta retirement plan that is wholly or partially funded by the Employer. Former Employees of the Augusta-Richmond County Tax Commissioner's office who are rehired after October l, 2007 into a department other than Augusta-Richmond County Tax Commissioner's office shall be governed by the terms of the new GMEBS DB Plan applicable to Class 9 Employees. (iD Plan Year Chanse for GMEBS Plan. Notwithstanding the Plan Year election in the Adoption Agreement, prior to January 1, 2008, the Plan Year for the Employer's GMEBS defined benefit plan was (1) the twelve (12) month periods beginning each March I through the following February 29, ending with February 28,2007; and (2) the short PIan Year starting on March 1, 2007 and ending on December 31, 2007. CIj) IRC 401(aX17) Limit Applied to Short Plan Year. For purposes of applying the IRC a0l(a)(17) limit on annual Earnings that can be taken into account under the GMEBS defined benefit Plan (the Plan), annual earnings means Earnings during the Plan Year or such other consecutive twelve (12) month period over rvhich Earnings are otherwise determined under the Plan (the determination period). The a01(a)(17) cost-of-living adjustment for a calendar year applies to annual earnings for the determination period that begins with or within such a calendar year. For the short Plan Year -29 - Augusta GMEBS Plan I (Amended Effective July 1,2018) applicable to the Plan, the annual earnings limit is an amount equal to the othervise applicable earnings limit, multiplied by a fraction, the numerator of which is the number of months in the short Plan Year, and the denominator of which is twelve (12). Notwithstanding the foregoing, for purposes of applying the IRC a01(a)(17) limit on Earnings and for all other purposes, effective with respect to Participants who commence retirement benefits on or after October 1, 2015, Final Average Earnings shall be calculated as determined in the Master PIan and Adoption Agreement (i.e., using an average of monthly Earnings). With respect to Participants who commence retirement benefits on or after September 1,2015,IRC 401(a)(17) monthly, rather than annual, limits shall be applied to the calculation retirement benefits. (kk) Amendment with Respect to 1977 DB Plan Provisions. Notwithstanding Master Plan Article XVI[, with respect to provisions of the Plan relating to the merged 1977 DB PIan, effective on an after JanuatT 1, 2008, the Employer shall have the right at any time to amend the Plan, subject to approval of such amendment by the GMEBS Board; provided, however, that no such amendment shall authorize or permit any part of the Trust Fund to be diverted to purposes other than the exclusive benefit of Participants and their beneficiaries; and further provided, that no amendment shall have the effect of re-vesting in the Employer any portion of the Trust Fund expect such amounts which remain in Fund after termination of the Plan and after all liabilities under the Plan have been satisfied. Immediate Vestinq for Senior Executive Service (SES) Participants: Additional Service Credit for SES Participants Terminated Due to Reduction in Force. (i) Immediate Vestins for Senior Executive Service (SES) Participants. Notwithstanding any provision in the Adoption Agreement or this General Addendum to the contrary, Participants in this Plan who hold a SES position listed in subsection l5(il)(iii) below on or after January l, 2009 and before April l, 2011 will be considered immediately vested in their accrued normal retirement benefit under this PIan, including any portion thereof that is attributable to non- SES Credited Service (see also Section l7(A) of the Adoption Agreement). Effective April l, 2011, Participants who hold a SES position as identified in the Augusta, Georgia Personnel Policy and Procedures Manual will be considered immediately vested in their accrued normal retirement benefit under this Plan, including any portion thereof that is attributable to non-SES Credited Service (see also Section 17(A) of the Adoption Agreement) notwithstanding the list in Section lsQlxiii) of this Addendum, below. If an individual holds an SES position but is not a Participant in this Plan, this subsection shall not apply. (il) -30- Augusta GMEBS Plan I (Amended Effective July l, 2018) (iD Additional Service Credit for Certain SES Participants Involuntarilv Terminated on March 1. 2009. Notwithstanding any provision in the Adoption Agreement or this General Addendum to the contraty and provided the requirements of this subsection ls(lD(ii) are satisfied, Participants in this Plan who were involuntarily terminated from employment with Augusta on March l, 2009 due to a layoff or reduction in force while holding a SES position listed in subsection ls(ilXiii) below wilt be treated as having an additional five (5) years of Credited Service (in addition to their actual years of Credited Service) for purposes of computing the amount of any retirement or pre- retirement death benefit payable to or on behalf of the Participant under this Plan, and for purposes of meeting the minimum service requirements for retirement and pre-retirement death benefit eligibilify under this PIan. In order to be eligible for the additional five (5) years of Credited Service under this subsection 1S(ll)(ii), the following requirements must also be satisfied: (1) The Participant's termination of employment must not be related to the Participant's conduct, as determined by the Human Resources Director; (2) the Participant must not return to employment with Augusta for at least one (1) year following termination of employment; (3) the Participant must execute any and all waivers and/or releases required by Augusta in connection with the layoff or reduction in force; and (4) the lluman Resources Director must provide GMEBS with written certification of the Participant's eligibility for additional Credited Service under this subsection 150D. If an individual is not a Participant in this Plan upon termination of employment, this subsection shall not apply. Senior Executive Service . DEPARTMENT Information Technology Board of Elections Recreation-Ad m in istration Human Relations Daniel Field Animal Control Water & Sewer Administration Fac Maintenance-General Government Tax Assessor Transit Operations Public Works - Solid Waste Public Works - Highways and Streets Richmond County Correctional Institution Human Resources Procurement Building Inspections Emergency Telephone Response Community Development (iii) POSITION Director Director Director Director Director Director Director Director Chief Appraiser Director Director Director Warden Director Director Director Director Director -31 - Augusta GMEBS Plan I (Amended Effective July l, 2018) Fire Chief Director Director Deputy Administrator Administrator General Counsel Disadvantaged Business Ent Coordinator Equal Employment Opp Coordinator Clerk of Commission Finance Director -32 - Augusta GMEBS Plan I (Amended Effective July 1,2018) Fire Department Emergency Management Agency Airport-Bush Field Administrator Administrator Law Department Disadvantaged Business Enterprise Equal Employment Opportunity Clerk of Commission Finance Department (mm) Effect of March 30. 2011 Reoreanization Plan. Phase I ("2011 Reorsanization Plan") and 20ll Reduction in Force Policv ("2011 RIF Policv'r): Effective Termination Date Under GMEBS Retirement Plan: Additional Service Credit and Severance Taken Into Account Under Retirement Plan for GMEBS Retirement PIan Participants Who Execute a Senaration Asreement Pursuant to Reorsanization Plan: Extra Five (5) Years of Service Credit for Said Participants Who Are Senior Executive Service (SES) Personnel: Service Credit for Unused Sick Leave for SES & Non-SES Participants Who Execute Separation Asreement and Retire under Plan Immediatelv Followins Termination Date: Unreduced Normal Retirement Benefit for SES & Non-SES Participants who Execute Senaration Agreement. Retire Immediately Follorving Termination Date and Meet "62 & 15" Requirement. (i) Presumed Retirement Plan Termination Date SES Participants Who Execute a Separation Asreement. Solely for purposes of determining benefits payable under the GMEBS Retirement Plan as provided in this subsection lS(mm)(i), the presumed date of Termination under the GMEBS Retirement Plan for a GMEBS Retirement PIan Participant who is involuntarily terminated from employment with Augusta, Georgia while holding a SES position listed in subsection lS(mm)(viii) below (referred to in this subsection 15(mm) as "SES Participant") and who enters into a separation agreement with Augusta pursuant to the 2011 RIF as described in the 20ll Reorganization Plan approved by the Augusta, Georgia Commission Council on March 30, 2011, shall be the last day of the month in which the Participant has exhausted his or her Severance Pay as determined by Section 500.311 of the Augusta, Georgia Personnel Policy and Procedures Manual, following the Participant's official date of separation as stated in the Participant's "Sixty (60) Day Notice Letterrt issued pursuant to the 2011 RIF Policy. The Participantts Final Average Earnings under the GMEBS Retirement PIan shall be computed as if the Participant remained employed up until said presumed date of Termination under the GMEBS Retirement PIan and as if the Participant received as Earnings for the period betweenthe Participantrs official date of separation (as stated in the Participant's 60 Day Notice Letter) and the Participant's presumed date of Termination under the GMEBS Retirement Plan an amount equal to the Severance Pay paid to the Participant in accordance with Section 500.311 of Augusta, Georgia's Personnel Policy and Procedures. In addition, the period between the Participant's official date of separation and the Participant's presumed date of Termination under the GMEBS'Retirement Plan shall be treated as Credited Service under the Retirement Plan for purposes of computing the amount of any benefit payable under the PIan, for purposes of determining whether the Participant has satisfied the applicable minimum service requirements for vesting under the Plan, and for purposes of determining whether the Participant has satisfied the applicable minimum service requirements for benefit eligibility under the Plan. (See subsections l5(mmXv), (vi), and (vii) below for description of additional Retirement PIan benefits available to SES Participants who are involuntarily terminated from employment and who enter into L separation agreement with Augusta, Georgia pursuant to the 2011 RIF Policy). (ii) Retirement Plan Termination Date for SES Participants Who Do Not Execute a Separation Agreement. The date of Termination under the GMEBS Retirement Plan for an SES Participant who is involuntarily terminated from employment pursuant to the 2011 RIF Policy and who does not enter into a separation agreement with Augusta, Georgia shall be the same as the Participant's official date of separation as stated in the Participant's "Sixty (60) Day Notice Letter" issued pursuant to the 2011 RIF Policy. (iiD Presumed Retirement PIan Termination Date for Non-SES Participants Who Execute a Separation Asreement. Solely for purposes of determining benefits payable under the GMEBS Retirement Plan as provided in this subsection l5(mm)(iii), the presumed date of Termination under the GMEBS Retirement Planfor a GMEBS Retirement Plan Participant who is involuntarily terminated from employment with Augusta, Georgia while holding a non-SES position listed in subsection l5(mm)(ix) below ("Non-SES Participant") and rvho enters into a separation agreement with Augusta, Georgia pursuant to the 2011 RIF as described in the 2011 Reorganization Plan approved by the Augusta, Georgia Commission on March 30,2011, shall be the last day of the month that is one (1) month after the Participant's official date of separation as stated in the Participantrs "Sixty (60) Day Notice Letter" issued pursuant to the 2011 RIF Policy. The Participant's Final Average Earnings under the Retirement Plan shall be computed as if the Participant remained employed up until said presumed date of Termination under the GMEBS Retirement Plan and as if the Participant received as Earnings for the period between the official date of separation and the Participant's presumed date of rermination under the Retirement -33- Augusta GMEBS Plan I (Amended Effective July l, 2018) (iv) (v) Plan an amount equal to one twelfth (lll2th) of the Participant's annual salary. In addition, the period between the Participant's oflicial date of separation and the Participantrs presumed date of Termination under the GMEBS Retirement Plan shall be treated as Credited Service under the GMEBS Retirement Plan for purposes of computing the amount of any benefit payable under the Plan, for purposes of determining whether the Participant has satisfied the applicable minimum service requirements for vesting under the Plan, and for purposes of determining whether the Participant has satisfied the applicable minimum service requirements for benefit eligibility under the Plan. (See subsections l5(mmXvi) and (vii) below for description of additional Retirement Plan benefits available to Non- SES Participants who are involuntarily terminated from employment and who enter into a separation agreement with Augusta, Georgia pursuant to the 2011 RIF Policy.) Retirement Plan Termination Date for Non-SES Participants Who Do Not Execute a Serraration Agreement. The date of Termination under the Retirement Plan for a Non-SES Participant who is involuntarily terminated from employment pursuant to the 2011 RIF Policy and who does not enter into a separation agreement with Augusta, Georgia shall be the Participant's official date of separation as stated in the Participant's "Sixty (60) Day Notice Letter" issued pursuant to the 2011 RIF Policy. Additional 5 Years of Service Credit for Senior Executive Service(SES) Participants Who Execute Separation Asreement. Notwithstanding any provision in the Adoption Agreement or this General Addendum to the contrarl, and provided the requirements of this subsection 15(mm)(v) are satisfied, a Participant in the GMEBS Retirement PIan (this Plan) who holds an SES position listed in subsection lS(mm)(viii) below as of March 30, 2011, who is involuntarily terminated from employment pursuant to the 2011 RIF as described in the 2011 Reorganization PIan approved by the Augusta, Georgia Commission on March 30r 2011 and who enters into a separation agreement with Augusta, Georgia while holding such SES position will be treated as having an additional live (5) years of Credited Service (in addition to his actual years of Credited Service and any Credited Service granted to the Participant under subsection 1s(mm)(i) above for the period between the Participant's official date of separation and the Participant's presumed date of Termination under subsection 15(mm)(i), and any Credited Service granted for unused sick leave under subsection l5(mm)(vi) below). The additional five (5) years of Credited Seruice provided for in this subsection 1S(mm)(v) shall not be construed to extend the Participant's presumed date of Termination under the Retirement Plan. Said additional five (5) years of Credited Service shall be counted under the Retirement Plan for purposes of computing the -34- Augusta GMEBS Plan I (Amended Effective July 1,2018) amount of any benefit payable under the PIan and for purposes of determining whether the Participant has satisfied the applicable minimum seruice requirements for benefit eligibitity under the Plan. fn order to be eligible for the additional five (5) years of Credited Service under this subsection 15(mm)(v), the following requirements must also be satisfied: (1) the Participant must be involuntarily separated from employment with Augusta, Georgia in accordance with the 2011 RIF as described in the 2011 Reorganization Plan; (2) the Participant must be vested in a normal retirement benefit under the terms of this PIan as of the date of his or her official separation from employment with Augusta, Georgia; (3) the Participant must execute any and all waivers and/or releases required by Augusta, Georgia in connection with the 2011 RIF Policy; and (4) the Human Resources Director must provide GMEBS with written certification of the Participant's eligibility for additional Credited Service under this subsection 15(mm)(v). If an individual is not a Participant in this Plan upon termination of employment, this subsection shall not apply. (vD Credit for Unused Sick Leave for SES and Non-SES Participants Who Execute Senaration Asreement and Retire Immediatelv Follorving Presumed Retirement Plan Termination Date. A SES or non-SES Participant identified in subsection lS(mm)(viii) or (ix) below who (1) is involuntarily terminated from employment with Augusta, Georgia pursuant to the 2011 RIF as described in the 2011 Reorganization PIan approved by the Augusta, Georgia Commission on March 30,2011; (2) enters into a separation agreement x,ith Augusta, Georgia pursuant to the 2011 RIF Policy; (3) officially separates from employment with Augusta, Georgia on the Participant's official date of separation as stated in the Participant's "Sixty (60) Day Notice Letter" issued pursuant to the 2011 RIF Policy; (4) is eligible for Early or Normal Retirement benefits as of the Participant's presumed date of Termination under the Retirement Ptan as identified in subsection 1S(mm)(i) or (iii) above (as applicable); (5) submits a completed retirement application form to GMEBS within 30 days after the Participant's presumed date of Termination under the Retirement Plan as identified in subsection 15(mm)(i) or (iii) above (as applicable) reflecting as the effective Retirement Date the first day of the month following the Participantts presumed date of Termination under the Retirement Plan; and (6) Retires under the Plan as of said effective Retirement Date, shall receive additional Credited Service in the amount of half of his or her unused sick leave, if any, up to a maximum of 6 months of additional Credited Service. The Pension Committee Secretary shall provide any and all forms requested by GMEBS in order to confirm the amount of a Participant's unused sick leave that is to count as Credited Service pursuant to this subsection lS(mm)(vi). Such Credited Service shall count for purposes of computing the amount of any retirement benefit payable to or on behalf of the Participant -35- Augusta GMEBS Plan I (Amended Effective July l, 2018) (vii) (viii) POSITION Director I (ix) POSITION Laborer I Laborer I under this Plan, for purposes of meeting the minimum service requirements for vesting, and for purposes of meeting the minimum selvice requirements for retirement benefit eligibility under this Plan. The additional Credited Service provided for in this subsection l5(mm)(vi) shall not be construed to extend the Participant's presumed date of Termination under the Retirement Plan. Unreduced Retirement Benefit for SES and Non-SES Participants Who Execute Separation Agreement and Retire Immediatelv Followins Presumed Retirement PIan Termination Date Pursuant to 2011 RIF Policv. Provided Thev Are at least 62 Years of Aee and Have at least 15 Years of Credited Service with Augusta. Georsia as of Presumed Retirement Plan Termination Date. A SES or non-SES Participant identified in subsection 1S(mm)(viii) or (ix) below who (1) enters into a separation agreement pursuant to the 2011 RIF Policy; (2) terminates employment as a result of the 2011 RIF as described in the 2011 Reorganization PIan approved by the Augusta, Georgia Commission on March 30,2011; (3) is at least 62 years of age and has at least 15 years of Credited Service with Augusta, Georgia (including any Credited Service awarded pursuant to subsection 15(mm)(v) or (vi) above) as of his or her presumed date of Termination under the Retirement Plan as identified in subsection lS(mm)(i) or (iii) above (as applicable); (4) submits a completed retirement application form to GMEBS within 30 days after the Participant's presumed date of Termination under the Retirement PIan as identified in subsection 156(mm)(i) or (iii) above (as applicable) reflecting as the effective Retirement Date the first day of the month following the Participant's presumed date of Termination under the Retirement Plan; and (5) Retires under the Plan as of said effective Retirement Date, shall receive a Normal Retirement benefit computed as provided under Section 6.01 of the Master Plan without actuarial reduction for the Participant's age. Said monthly benefit shall be based upon the Participant's Total Credited Service and his Final Average Earnings as of his presumed date of Termination under the Retirement Plan (including any additional credited service and Earnings taken into account for SES Participants under subsection 15(mm)(v) or (vi) above). senior Executive service (SES) Positions Affected bv 20ll RrF policv. DEPARTMENT Facilities and Maintenance Non-SES Positions Affected bv 20ll RIF Policv. DEPARTMENT Facilities and Maintenance Facilities and Maintenance -36- Augusta GMEBS PIan I (Amended Effective July l, 2018) Light Equipment Operator I Records Clerk II Administrative Asst EHR Aquatic Mgr Recreation Fac Assistant Director Assistant Director Athletic Supervisor Construction Clerk I* Foreman Maintenance Shop Rec Laborer I Laborer I Laborer I 0perations Manager Operations Manager* Operations Manager Operations Manager Rec Facilities Marketing Mgr Recreation Foreman Recreation Specialist I Recreation Specialist I* Superintendent II 8HR Deputy Warden Land Acquisition Agent I* WTP Supervisor I* WTPO Supervisor Operations Manager* Operations Manager Assistant Manager Operations Assistant Manager Operations Assistant Manager Operations* Assistant Manager Operations Superintendent II 8HR* Assistant Director**Not a Participant in GMEBS Retirement Ptan Facilities and Maintenance Facilities and Maintenance Facilities and Maintenance Recreation Facilities and Maintenance Facilities and Maintenance Recreation Facilities and Maintenance Facilities and Maintenance Facilities and Maintenance Facilities and Maintenance Facilities and Maintenance Facilities and Maintenance Facilities and Maintenance Facilities and Maintenance Facilities and Maintenance Recreation Recreation Recreation Recreation Facilities and Maintenance Richmond County Correction Institute Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities Utilities (x) Death Prior to Presumed Date of Termination: In Senice Death Benefit. Notwithstanding any provision in the Adoption Agreement orthis General Addendum to the contrary, in the event that a Participant who is (1) involuntarily terminated from employment with Augusta, Georgia pursuant to the 20ll RrF as described in the 20ll Reorganization Plan approved by the Augusta, Georgia commission on March 30, 20ll; (2) enters into a separation agreement with Augusta, Georgia pursuant to the 2011 RIF policy; and (3) dies prior to his or her presumed rermination Date under the Retirement plan, such Participant shall be treated under the terms of this plan ashaving died while in the Seruice of Augusta, Georgia and no Retirement benefits shall be payable to or on behalf of the participant under the Plan. However, for purposes of determining the -37 _ Augusta GMEBS Plan I (Amended Effective July l, 2018) Participant's eligibility for in service pre-retirement death benefits under the Plen and the amount of any in service pre-retirement death benefit payable, if any, the Participant will be deemed to have remained in Service until his or her presumed Termination Date and his/her Credited Seruice witl be deemed to include the period between the Participantts oflicial date of separation and his or her presumed Termination Date as set forth in subsection 15(mm)(i) or (iii), as applicable, and any Credited Service awarded pursuant to subsection 15(mm)(v), but it will not include Credited Service for unused sick leave referenced in subsection 15(mm)(vi)). In addition, for purposes of computing any in service pre-retirement death benefit payable under this subsection 15(mm)(x), the Participant's Earnings will be deemed to include any severance pay presumed to be included in the Participant's Earnings under subsection l5(mm)(i) or (iii), as applicable. If a Participant described herein dies after his or her presumed Termination Date but before his or her effective Retirement Date, then no Retirement benefits shall be payable to or on behalf of the Participant and the provisions of this subsection 15(mm)(x) will apply in determining the Participantts eligibility for and the amount of any pre-retirement terminated vested death benefit payable under the PIan. (nn) Treatment of Severance Pav for Certain Senior Executive Seruice (SES) Participants Who Terminate on or after April 1. 2011 and Who Execute a Separation Agreement. The presumed date of Termination under the GMEBS Retirement Plan for a GMEBS Retirement Plan Participant who terminates employment with Augusta, Georgia on or after April 1, 2011 while holding a position which is listed as an SES position in the Augusta, Georgia, Personnel Policy and Procedures Manual in effect as of the date of the Participant's official date of separation of employment with Augusta, who enters into a written separation and release of claims agreement with Augusta, and who receives severance pay in accordance with the applicable provisions of the Augusta, Georgia Personnel Policy and Procedures Manual in effect as of the Participant's ollicial date of separation of employment, shall be the last day of the month in which the Participant has exhausted his or her severance pay pursuant to said provisions. Notwithstanding the provisions of Section 6 of this Addendum, for purposes of calculating Final Average Earnings said Participantrs Earnings under the GMEBS Retirement Plan as of his or her presumed date of Termination shall include such severance pay.In addition, the period of time between the Participantrs official date of separation from employment with Augusta and the Participant's presumed date of Termination under the GMEBS Retirement PIan shall be treated as Credited Service under this Plan for purposes of computing the amount of any benefit payable under the Plan, and meeting the requirements for benefit eligibility under the Plan. (oo) Prior Service Credit for Certain ARCPC DC Plan Participants Who Are Transferred from the ARCPC to Aususta Effective November l. 2011. This -38- Augusta GMEBS Plan I (Amended Effective July 1,2018) subsection applies to a Participant in this Plan who: 1) was transferred from the Augusta Richmond County Planning Commission (ARCPC) to Augusta, Georgia on November l,20llr 2) participated in the ARCPC's GMEBS DB PIan prior to August 31, 20061 3) elected in accordance with the applicable terms of the ARCPC's GMEBS DB Plan to participate in the ARCPC's 401(a) Defined Contribution Plan in lieu of the ARCPC's GMEBS DB Plan after August 31, 2006; and 4) pursuant to said election, authorized the transfer of an amount equal to the present value of his or her delined benefit retirement benefit accrued up until August 31r 2006 (referred to herein as "present value amount") from the ARCPC's GMEBS DB Plan to his or her account under the ARCPC's 401(a) Defined Contribution Plan. If a Participant described in this subsection 15(oo) effects a direct rollover of an amount equal to the present value amount referred to above (without interestor earnings accumulated thereon) from his or her account under the ARCPC's a01(a) Defined Contribution Plan to the Trust Fund for this Plan prior to March 3lr 2012 (or, if sooner, prior to his or her termination of employment with Augusta), then said Participant's "Service" with the ARCPC prior to August 31,2006 as defined under the terms of the ARCPC's GMEBS DB Plan in effect as of August 31,2006, shall be counted as Credited Service under this Plan for all purposes (i.e., vesting, benefit eligibility and computation of any benefits and notwithstanding the limitation in Section 14 of the Adoption Agreement providing that only Credited Service with Augusta counts toward retirement benefit eligibility). If a Participant described in this subsection l5(oo) does not effect a direct rollover as provided herein, no period of the Participant's service with the ARCPC shall be counted for any purpose under this Plan, except as provided in this Plan's Service Credit Purchase Addendum. With respect to Participants described in this subsection 15(oo), periods of employment with the ARCPC following August 31, 2006 shall not be counted for any purpose under this Plan, except as provided in this Plan's Service Credit Purchase Addendum. Periods of service with the ARCPC that are otherwise creditable under any Augusta, Georgia retirement plan (e.g., Augusta GMEBS Plan II) shall not be counted for any purpose under this PIan. (pp) Earnings for ARCPC DC Plan Particinants Who Are Transferred from the ARCPC to Aueusta Effective November 1.2011. This subsection applies to a Participant in this Plan who: 1) was transferred from the Augusta Richmond County Planning Commission (ARCPC) to Augusta, Georgia on Novemberl,20ll and 2) became Participants in the Augusta GMEBS I Plan (this Ptan) on such date. Such Participants shall receive credit for Earnings with Augusta, Georgia, as Adopting Employer of Augusta GMEBS Plan I (this Plan), on and after November l,20ll for purposes of computing the amount of benefits payable under this Plan. Such Earnings shall be subject, however, to any provisions of this Plan that would otherwise limit such Earnings. In addition, if upon termination from employment rvith Augusta, Georgia, a Participant under this Plan has less than five (5) years of Earnings with Augusta, a Participant's Earnings with the ARCPC prior to November l, 2011 rvill be taken into account and treated as Earnings rvith Augusta as -39- Augusta GMEBS Plan I (Amended Effective July l, 201 8) necessary for purposes of calculating S-year Final Average Earnings under this Plan, notwithstanding any provision to the contrary in the Adoption Agreement (qq) Customized Plan. Although the Plan is comprised of an Adoption Agreement, Addenda, Master Plan, and Trust Agreement based on the GMEBS Master Defined Benefit Retirement PIan, which is a pre-approved volume submitter program, the Plan is customized and cannot rely on the advisory letter issued by the Internal Revenue Service for the GMEBS program. In addition to the customized provisions of the Plan described in the Adoption Agreement and Addenda, the provisions in Section 1E.03 of the Master Plan shall not apply to the Plan. (.r) Actions bv Aueusta-Richmond Countv to Facilitate 2008 Transfer. Augustawill make every reasonable effort to assure that its staff, contract professionals, and vendors cooperate with GMEBS to facilitate the transfer of assets and plan administration from the 1977 DB Plan and the 1998 DC Plan to GMEBS as of January 1, 2008. Augusta will provide GMEBS with records and information reasonably requested or necessary to facilitate the timely transfer of Plan administration and assets, including but not limited to the following information and records on active employees, terminated employees and beneficiaries: name, address, social security number, birth date, years and months of credited service as of JanuaW 1r 2008, accrued monthly normal retirement benefits, employee account balances (including earnings), beneficiary designation forms, retirement or death benefit applications, direct deposit forms, participant tax withholding forms, and 1099 tax reporting information for 2007. In particular with respect to terminated vested participants under the 1977 Plan (as of January l, 2008), Augusta will provide a listing indicating the amount of each such terminated participant's accrued normal retirement benefit under the 1977 Plan, andtheir normal retirement eligibility date. Benefits will be paid to said terminated participants based upon said information (unless the participant returns to Service with Augusta after January 1, 200E). Augusta will also provide GMEBS with the information and documents included in the retirement plan conversion timeline by January 1,2008, and it will complete any IRS filings that GMEBS reasonably requests in order to protect the 401(a)-qualified status of the GMEBS volume submitter plan or to confirm the 401(a)-qualified status of the new Augusta Adoption Agreement or Addendum. (ss) Implementation of Emplovment Asreement Grantins Additional Service Sredig. (D l0 Years of Additional Service Credit for Former Chief Aopraiser Calvin Hicks. Pursuant to an employment Agreement dated September 8, 2006 between the Richmond County Board of Assessors and Calvin C. Hicks, Jr., Mr. Hicks will be treated as having ten (10) years of credited service as of his date of hire (in addition to actual _40- Augusta GMEBS Plan I (Amended Effective July l, 2018) Credited Service accrued during his period of employment). Said additional Credited Senice will count for the purposes of satisfying minimum requirements for benefit eligibitity and minimum requirements for vesting under the PIan, and for the purpose of computing any retirement, disability or death benefits payable under the PIan. Mr. Hicks will not be deemed to have accrued any additional Earnings under the Plan in connection with the ten (10) years of additional Credited Service provided pursuant to this paragraph (ss)(i). (ii) 5 Years of Additional Service Credit for Chief Anpraiser Alveno Ross. Pursuant to an employment Agreement dated July 26, 2010, between the Richmond County Board of Assessors and Mr. Alveno Ross, Mr. Ross will be treated as having five (5) years of Credited Service as of his date of hire (in addition to actual Credited Service accrued during his period of employment). Said additional Credited Service will count for the purposes of satis$ing minimum requirements for benefit eligibility under the Plan and computing any retirement, disability or death benefits payable under the Plan. Mr. Ross will not be deemed to have accrued any additional Earnings under the Plan in connection with the five (5) years of additional Credited Service provided pursuant to this paragraph (ss)(ii). (tt) Imnlementation of Settlement Agreement with General Release: Waiver and Covenant Not to Sue. Pursuant to the Settlement Agreement with General Release entered into between Augusta, Georgia and Ms. Linda Goodman, Ms. Goodman is entitled to a monthly survivor benefit under the PIan in an amount equal to sevenQr-five percent (75o/o) of the monthly Retirement benefit to which her husband, Mr. Invin W. Goodman, was entitled in his lifetime in accordance with the Plan. (uu) Authority to Enter into Agreements to Resolve Disputes. Notwithstanding any provision to the contrarT, in accordance with its general authority to resolve disputes and other claims, the Employer is authorized to exercise such authority with respect to disputes and claims relating to this Plan, including but not limited to the authority to enter into agreements with Participants (or their Beneficiaries, as applicable). (w) Anplicable Forms: Pre-Retirement Beneficiary Forms Submitted to Prior Administrator. Forms submitted to Augusta, Georgia, Richmond County, Georgia, or a prior administrator of a retirement plan sponsored by Augusta, Georgia or Richmond County, Georgia, prior to January 1r 2008, designating a Participant's pre-retirement beneficiary for retirement plan purposes constitute Applicable Forms under this Plan for the purpose of determining the Participant's Primary and Secondary Pre-Retirement Beneficiaries, provided that such designations are not superseded by a subsequent Applicable Form designating the Participant's Primary and Secondary Pre-Retirement Beneficiaries under the Plan. -41 - Augusta GMEBS Plan I (Amended Effective July 1,2018) The terms of the foregoing Addendum to the Adoption Agreement are approved by the Augusta, Georgia Commission Council this day of 20 ,, Attest:AUGUSTA, GEORGIA CIerk (sEAL) Approved: Mayor Attorney The terms of the foregoing Addendum are approved by the Board of Trustees of the Georgia Municipal Employees Benefit System. IN WITNESS WHEREOF, the Board of Trustees of the Georgia Municipal Employees Benefit System has caused its Seal and the signatures of its duly authorized officers to be affixed this day of20-. Board of Trustees Georgia Municipal Employees Benefit System (sEAL) Secretary -42- Augusta GMEBS Plan I (Amended Effective July 1,2018) SERVICE CREDIT PTIRCHASE ADDENDUM TO THE GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM DEFINED BENEFIT RETIREMENT PLAI\ ADOPTION AGREEMENT This is an Addendum to the Augusta GMEBS PIan I Adoption Agreement completed by Augusta, Georgia. It modifies the Adoption Agreement to provide for service credit purchases for eligible Participants in the Retirement PIan for Certain Employees of Augusta, Georgia (Augusta GMEBS plan I), in accordance with and subject to the following requirements: (1) Service Credit Purchase: Elisibilify Requirements. (a) Prior Service With Aususta - Subject to any conditions specified in Section 13.B or 13.C of the Adoption Agreement and in this Service Credit Purchase Addendum, Participants in Augusta GMEBS Plan I (this PIan) who are actively employed on or after January 1, 2008, and who have any period of full-time service with Augusta, Georgia prior to January 1, 2008 (as defined in the Augusta personnel policies and procedures), provided the Service is not otherwise creditable under this Plan or any other Augusta retirement plan (i.e., the Participant has not received and has no potential to receive a retirement benefit or distribution under any Augusta retirement plan, including this Plan, that is attributable to such service or attributable to employer contributions made during such service), and provided the other requirements of this Service Credit Purchase Addendum are satisfied, may purchase credit under this Plan for such service. The purchase of prior service credit is permitted but not required under this PIan. Participants may purchase all of their prior service that is etigibte for purchase, or only a portion of such service on a pro rata basis. Such purchases will be allowed to the extent permitted by law, subject to any conditions, proofs, or acceptance that the Augusta Human Resources Director and GMEBS deem appropriate. (b) Prior Service With ARCPC - Subject to any conditions specified in Section 13.B or 13.C of the Adoption Agreement and in this Service Credit Purchase Addendum, Participants in this Planwho: 1) were employed with the Augusta-Richmond county Planning Commission ("ARCPC") on or before October 31r 2011,2) who become Eligible Regular Employees under this Plan on orafter November l, 20ll; and 3) have any period of full-time Augusta GMEBS Plan I (Amended Effective July l, 2018) service with the ARCPC prior to November 1, 20ll which is not othervise creditable under this Plan (see General Addendum Section 15(oo)), Augusta GMEBS Plan If, or any other Augusta retirement plan (i.e., the Participant has not received and has no potential to receive a retirement benefit or distribution under any Augusta retirement plan, including this Plan, that is attributable to such service or attributable to employer contributions made during such service), may purchase credit under this Plan for such service, provided the other requirements of this Service Credit Purchase Addendum are satisfied. The purchase of prior setryice credit is permitted but not required under this Plan. Participants may purchase all of their prior service that is eligible for purchase, or only a portion of such seruice on a pro rata basis. Such purchases will be allowed to the extent permitted by law, subject to any conditions, proofs, or acceptance that the Augusta Human Resources Director and GMEBS deem appropriate. (2) Use of Purchased Service Credit. Subject to any conditions or limitations provided in this Addendum, service credit purchased hereunder will be counted as Credited Service for purposes of (check all that apply): a computing the amount of benefits payable under the Plan; a meeting the minimum service requirements for vesting under the Plan' E meeting the minimum service requirements for benefit eligibility under the Plan. Application to Purchase Service Credit. A Participant who meets the eligibility requirements specified in paragraph (1) above and who wishes to purchase eligible service credit as described in paragraph (l) above may apply for such purchase by completing and submitting to the Augusta Human Resources Director an application form provided for that purpose. Participants will be responsible for providing the Augusta Human Resources Director with any information or documentation that the Augusta Human Resources Director deems necessary to establish that the Participant's service is eligible for purchase under paragraph (1) above. (3) Augusta CMEBS Plan I (Amended Effective July l. 2018) -2- (4) Annual Window Period for Application: Julv I - Aueust 31. In order to purchase service credit, eligible Participants must submit the service credit purchase application within the two-month period beginning each July I and ending August 31. If a Participant does not submit a completed application to purchase service credit within the designated window period, the Participant will not be permitted to purchase service credit. As a precondition for approval of his or her application, the Participant will be responsible for providing the Augusta Human Resources Director with any additional information or documentation that the Augusta Human Resources Director deems necessary to establish that the Participant's service is eligible for purchase under paragraph (1) above. Notwithstanding any provision herein to the contrary, no Participant may apply for or purchase prior service credit after his or her termination of employment. (5) Review bv Augusta Human Resources Director. Within a reasonable time after the end of the application period, the Augusta Human Resources Director will review the Participant's application to purchase service credit and will determine whether the application should be accepted. Upon approval of an application by the Augusta Human Resources Director, the Augusta Human Resources Director will certify on the application the number of years and months of prior service that are eligible for purchase under paragraph (1) above. (6) Fee for Cost Studv. As a precondition for approval of the application to purchase service credit, and prior to the commencement of any cost study, Participants may be required by the Employer to pay all or a portion of the cost study fee(s) associated with determining the cost to purchase the Participant's eligible service credit. Any portion of the fee that the Participant is not required to pay will be paid by the Employer. (7) Actuarial Studv to Determine Cost of Purchase. In the event that a cost study has not been undertaken prior to the Participant's submission of a completed application to purchase service credit, if the Participant's application to purchase is approved by the Pension Committee Secretary, a cost study will be undertaken as soon as reasonably practicable after the application has been approved, in order to determine the actuarial cost relating to the Participant's prior service that is eligible for purchase. (8) Lump Sum Pavment Required Within 120 Davs After Receipt of Cost Studv Results. Upon completion of the cost study, the Augusta Human Augusta GMEBS Plan I (Amended Effective July t, 2018) -3- Resources Director will notify the Participant of the lump sum amount required to purchase prior service credit, as reflected in the cost study. \Mithin 120 days of receiving this notice or of receiving notice of the Augusta Human Resources Director's approval of the Participant's application to purchase service credit, whichever is later, the Participant shall remit said lump sum amount in the form and manner required by Sections (9)-(11) below, to the Augusta Human Resources Director, and GMEBS. The Participant may remit less than the full Iump sum amount necessary to purchase all of the prior service credit which is eligible for purchase, in which case the percentage of service credit awarded will be equal to the percentage of the full amount remitted. The Augusta Human Resources Director shall have the authority to extend the 120-day time period for payment of lump sum amounts required to purchase service credit if, for reasons outside the control of the Participant, payment cannot be made within the 120-day period. However, the time limit for payment will not be extended any Iater than the start of the next annual two-month window period for application (see Section (4) above) and in no event may a Participant make such payment after his or her termination of employment. (9) Method of Pavment. To the extent permitted by the Internal Revenue Code and regulations issued thereunder, the lump sum amount referred to in Section (8) above may be paid via one or more of the following sources: (1) a direct trustee-to-trustee transfer from a 401(a) qualified retirement plan, governmental 457(b) deferred compensation plan or a 403(b) tax sheltered annuity; (2) a qualified rollover from a governmental 457(b) plan, 403(b) tax-sheltered annuity plan, a01(a) qualified plan, a03(a) annuity plan, or a 408(a) or 408(b) individual retirement account or annuity (traditional IRA); or (3) a lump sum contribution of after-tax funds. Participants shall be solely responsible for effecting the payment referred to herein. Participants will not be permitted to purchase credit via payroll deduction. (10) Limitation on Amount of Lump Sum Pavment. If the lump sum amount referred to in Section (8) is paid via any method other than as described under Section (9X1) or (9)(2) above, then the Participant shall not be permitted to contribute to the Plan in any calendar year an amount which exceeds any applicable limit specified in Internal Revenue Code Section 415. Augusta GMEBS Plan I (Amended Effecrive July 1,2018) (11) IRC 415. Other Limitations. Notwithstanding any other provision of the Adoption Agreement or this Addendum to the contrary, the PIan will not accept and shall return without intprest any contribution or portion of a contribution made to purchase service credit if such contribution would result in a violation of the applicable limitations established under Internal Revenue Code Section 415(b), (c), or (n) or any other provision of law or the PIan, or if it is later determined that the Participant's prior service is not eligible for purchase, and any prior service credit attributable to said contribution or portion of a contribution will be forfeited. (12) Return of Contributions. Contributions made to purchase prior service credit shall be used to fund retirement and death benefits payable under the PIan relating to such credit. Contributions shall not otherwise be refundable to the Participant or any other person, except as otherwise provided in this Section (12) or in Section 13.06 or 18.04 of the Master PIan Document (concerning failure to exhaust or termination of the plan, respectively). Participants (check one): tr will not be permitted to withdraw contributions made to purchaseprior service credit upon termination of employment (Participants must be vested to purchase prior service credit). tr will not be permitted to withdraw contributions made to purchase prior service credit upon termination of employment, unless they are not vested upon termination (Participants are not required to be vested to purchase prior service credit). E will be permitted to rvithdraw contributions made to purchase service credit upon termination of employment, subject to the provisions of Section 13.03(c) of the Master Plan Document concerning the effect of withdrawal. For purposes of determining the amount of any refund of contributions made to purchase service credit, said contributions shall be credited with interest thereon in accordance with Section 19 of the Adoption Agreement and subsections 15(aa) and 15(dd) of the General Addendum, as applicable, subject to any limitations on the crediting of interest in Section 13.03(c) of the Master Plan Document. tr will be permitted to withdraw contributions made to purchase service credit upon termination of employment, subject to the following conditions for repayment (must describe): Augusta GMEBS plan I (Amended Effective July l, 2018) -5- Note: Partial withdrawal of employee contributions is not permitted. If the Participant withdraws contributions made to purchase service eredit, the participant will forfeit any and all service credit and/or benefits attributable to such purchase for all purposes. (13) Repavment Upon Reemplovment. If the Participant returns to employment with the Employer after having withdrawn his contributions made to purchase prior service credit, the Participant (check one): tr not applicable (withdrawal not permitted). tr will not be permitted to re-purchase said service credit upon reemployment. tr will be permitted to re-purchase said service credit upon reemployment, based on the actuarial cost of such service credit, taking into account the additional actuarial cost of any benefit enhancements adopted prior to reemployment pursuant to Section (14) below, provided that the Participant makes application for such re-purchase within [insert time limit] after reemployment and provided the Participant effects payment for such re-purchase in accordance with and subject to the provisions of this Addendum within [insert time limit] after the application is approved. E will be permitted to re-purchase said service credit upon reemployment, subject to the following conditions for repayment (must describe other repayment method): The Participant must renav to the Plan. within six (6) months after his reemplovment date (or prior to his termination date following reemplovment. if earlier). in a lump sum anv and all amounts previouslv withdrawn or refunded. plus interest calculated at the rate of 87o per annum. Partial repavment is not permitted. In no event will the time the Participant was absent be taken into account in calculating e amount Sa Participants will also be required to satisfv the break in service requirements of Section 4.06 of the Master plan. if applicable. Augusta GMEBS Plan I (Amended Effective July l,2018) -6- (14) Definition of Actuarial Cost. The cost to purchase qualifying prior service credit shall be determined based upon the actuarial cost of said prior service credit. In applying the provisions of the Adoption Agreement and this Service Credit Purchase Addendum, the term "actuarial cost of prior service credit" means (check one): tr the actuarial accrued liability relating to such prior service as determined by the GMEBS actuary and calculated using the actuarial assumptions and methods established for this purpose in the funding policy adopted by the GMEBS Board of Trustees. E Other (must specify other method of determining actuarial cost for this purpose): the present value of proiected additional benefits relating to such prior service credit. as determined based on factors supplied bv the GMEBS actuarv and calculated usine the actuarial assumptions and methods emploved in performing the Employer's annual plan valuation. The terms of the foregoing Service Adoption Agreement are approved by Council this _ day of Attest: Clerk (sEAL) Approved: City Attorney Credit Purchase Addendum to the the Augusta, Georgia Commission 20 AUGUSTA, GEORGIA Mayor Augusta GMEBS Plan I (Amended Effective July l, 201 8) The terms of the foregoing Service Credit Purchase Addendum are approved by the Board of Trustees of the Georgia Municipal Employees Benefit System. IN wITNEss WHEREOF, the Board of rrustees of the Georgia Municipal Employees Benefit System has caused its Seal and the signatures ofits duly authorized officers to be affixed this day of Board of Trustees Georgia Municipal Employees Benefit System (sEAL) Secretary 20 -8- Augusta GMEBS Plan I (Amended Effective July 1,2018) Commission Meeting Agenda 6/5/2018 2:00 PM Ordinance for GMEBS 1 Plan Department:Clerk of Commission Department:Clerk of Commission Caption:Approve adoption of an Ordinance to revise Adoption Agreements, General Addendum and Service Credit Purchase Agreement for the GMEBS 1 plan. Waive second. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 6/5/2018 2:00 PM Affidavit Department: Department: Caption:Motion to approve 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: