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HomeMy WebLinkAbout2015-03-25-Meeting Minutes Commission Meeting Agenda Commission Chamber - 3/25/2015 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Lockett, Guilfoyle, Sias, Harris, M. Williams, Fennoy, D. Williams, Hasan, Davis and Smith, members of Augusta Richmond County Commission. Absent: Hon. Harris, member of Augusta Richmond County Commission. INVOCATION: Rev. Beotis Clark, Pastor, Jerusalem Missionary Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. Five (5) minute time limit per delegation DELEGATIONS A. Rev. Christopher Johnson RE: Support Paine College Day on behalf of the Augusta Interfaith Coalition. Item Action: None ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Rev. Johnson did not appear before the Commission. B. Ms. Katie B. DeLaigle RE: Family Portraits and Documents housed in the Gatehouse at Magnolia Cemetery. Item Action: Approved Katie_DeLaigle.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve the request from the DeLaigle family regarding the relocation of the portraits and the documents and if there is funding required from the City that it be requested. Motion Passes 8-0. Commissioner Sammie Sias Commissioner Mary Davis Passes C. Ms. Jennifer Salamanca RE: Compliance with the law to provide an interpreter to citizens and residents that speak a different language than English. As stated in the 14th amendment. Item Action: Approved Jennifer_Salamanca.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Motion Passes 9-0. Commissioner Sammie Sias Commissioner Mary Davis Passes CONSENT AGENDA (Items 1-3) ADMINISTRATIVE SERVICES 1. Motion to approve Year 2015 – 2019 Consolidated Plan and 2015 Action Plan for Community Development Block Grant (CDBG) Program, Home Investment Partnerships (HOME) Program, Emergency Solutions Grant (ESG) Program, Housing Opportunities for Persons with AIDS (HOPWA) Program. (Approved by Administrative Services Committee October 27, 2014) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9- 0. Commissioner Sammie Sias Commissioner Mary Davis Passes PETITIONS AND COMMUNICATIONS 2. Motion to approve the minutes of the regular meeting of the Commission held on March 17, 2015. Item Action: Approved Regular_Commission_Meeting_March_17_2015.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9- 0. Commissioner Sammie Sias Commissioner Mary Davis Passes APPOINTMENT(S) 3. Motion to approve the appointment of Mr. Frank Bowman to the Augusta Aviation Commission at Bush Field representing District 6. (Requested by Commissioner Hasan) Item Action: Approved Frank_Bowman_Talent_Bank_Form.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9- 0. Commissioner Sammie Sias Commissioner Mary Davis Passes ****END CONSENT AGENDA**** AUGUSTA COMMISSION 3/25/2015 AUGUSTA COMMISSION REGULAR AGENDA 3/25/2015 (Items 4-15) PLANNING 4. Request to approve a Resolution to support the Fiscal Year 2016 Federal Transit Administration (FTA) Section 5303 Metropolitan Planning Grant. Item Action: Approved FY2016FTA5303_Resolution_Only.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9- 0. Commissioner Sammie Sias Commissioner Mary Davis Passes 5. Request approval of the revised Title VI Civil Rights Program(s) pertaining to federal funding under the Federal Transit Administration (FTA) and federal aid funds under the Federal Highway Administration received by Augusta Planning and Development Department and Augusta Public Transit Department. Item Action: Approved 03172015APDD_RevisedTitle_VIProgra.pdf APT_Limited_English_Proficient_Plan_Assessment_1-17-13.pdf BusRoutesCensusTrcts_Feb2015.pdf APTTitle_VI_Plan_2-10-15.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9- Commissioner Sammie Sias Commissioner Mary Davis Passes 0. PUBLIC SERVICES 6. New Ownership Application: A. N. 15 - 16: A request by Lisa Kay Monroe for an on premise consumption Liquor, Beer, & Wine License to be used in connection with Monroe Restaurant Group, LLC, located at 816 Cotton Lane. There will be Dance. There will be Sunday Sales. District 1. Super District 9. Item Action: Approved Monroe_Restaurant_Group.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9- 0. Commissioner Sammie Sias Commissioner Mary Davis Passes 7. New Ownership Application: A. N. 15 - 17: A request by Ester Renee Clayton for an on premise consumption Liquor, Beer, & Wine License to be used in connection with 706 Lounge located at 2623 Deans Bridge Road. There will be Dance. District 2. Super District 9. Item Action: Approved 706_Lounge.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9- 0. Commissioner Sammie Sias Commissioner Mary Davis Passes 8. Motion to approve New Application: A. N. 15 - 06: request by Ok Pun Kartye for a retail package Liquor, Beer & Wine license to be used in connection with OK Wine & Spirits located at 2811 Tobacco Rd. There will be Sunday Sales. Subject to the license not being sold until the trailer in the rear is completely dismantled and the fence screening is in place. District 4. Super District 9. (Approved by Public Services Committee February 23, 2015) (No action taken in Commission meetings March 3 and March 17, 2015) (Requested by Item Action: Approved the Petitioner) OK_WINE_-SPIRITS.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner Ben Hasan, Commissioner Sammie Sias, Commissioner Dennis Williams. Motion Passes 6-3. Commissioner Marion Williams Commissioner William Lockett Passes (Approximately 20 to 30 objectors noted) 9. Discussion: A request by Shawn Ledford for Homer LLC DBA Mellow Mushroom Pizza Bakers located at 1167 Broad St. for a One Day Alcohol Special Event license for April 9, 2015. (Masters Week Block Party 12th St. between 1167 Broad St. and Jones St.) District 1. Super District 10. Item Action: Approved Homer_LLC_DBA_Mellow_Mushroon.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve the request and to ask Mr. Ledford, the neighboring bar owner and the Springfield Church pastor to meet and address the concerns regarding the church fence and the Mellow Mushroom parking lot. Motion Passes 9-0. Commissioner William Fennoy Commissioner Wayne Guilfoyle Passes 10. Discussion: A request by Michael Evertsen for Tin Lizzy's Taqueria Cantina located at 2821 Washington Rd. for an Alcohol Special Event license for 7 day April 6th thru April 12, 2015. (Masters Week in the parking lot). There will Sunday Sales. District 7. Super District 10. Item Action: Approved TIN_LIZZY.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9- 0. Commissioner Sammie Sias Commissioner Mary Davis Passes 11. Approve the bid proposal submitted by Jacobs Land Management for the Landscaping and Irrigation for the Additions and Modernizations to the Municipal Building in the amount of $109,708.00 including Add Alternate No. 1. Item Action: Approved Invitation_to_Bid_sent_to_newspaper.doc 15-120_TAB.xls Mandatory_Pre-Bid_sign-in_Sheets.pdf 12-120_Recommendation_Letter_from_Department.pdf Mail_List_and_Demandstar_Planholders.pdf 15-120_Jacobs_Land_Mgmt_Info_from_DBE.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9- 0. Commissioner Wayne Guilfoyle Commissioner William Lockett Passes PUBLIC SAFETY 12. Approve agreement with Cartegraph, Inc. to acquire 3D Imagery and Earthmine Software. RFP 14-213 Item Action: Approved Augusta-Cartegraph_Earthmine_Agreement_2015-02-25_FINAL.docx C1401038-3_City_of_Augusta.pdf Earthmine_Projected_Budget.pdf earthmine_for_GIS___Asset_Management.pdf Sign_Database_-_Tree_Survey_-_City_of_Geelong_Case_Study.pdf Pavement_Inspection_-_City_of_San_Diego_Case_Study.pdf Request_for_Proposal_sent_to_newspaper.doc 14-213_TAB.xls 14-213_Department_Recommendation_of_Award.pdf Process_Regarding_RFPs.pdf Mail_List_and_Demandstar_Planholders.pdf 14-213_Phase_II_-_Cumulative_Evaluation_Sheet.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9- 0. Commissioner William Lockett Commissioner Wayne Guilfoyle Passes FINANCE 13. Approve Public Official Liability Insurance with RSUI Indemnity Company for a premium charge of $68,695 for policy period April 19, 2015 to April 19, 2016. Item Action: Approved 2015_POL_Proposal_031115.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9- 0. Commissioner Sammie Sias Commissioner Mary Davis Passes 14. Receive as information preliminary financial reports for the year ended December 31, 2014. Item Action: Approved Upcoming Meetings www.augustaga.gov ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Motion Passes 9-0. Commissioner Wayne Guilfoyle Commissioner William Lockett Passes APPOINTMENT(S) 15. Consider a request from Commissioner Bill Fennoy on behalf of the Downtown Development Authority to appoint Mr. Rick Keuroglian, III to fill the seat on the Board created by the resignation of Mr. Sanford Loyd. Item Action: Approved Appointment_to_Downtown_Development_Authority.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9- 0. Commissioner Sammie Sias Commissioner Mary Davis Passes LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 16. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Item Action: None Commission Meeting Agenda 3/25/2015 2:00 PM Attendance 3/25/15 Department: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 3/25/2015 2:00 PM Invocation Department: Caption:Rev. Beotis Clark, Pastor, Jerusalem Missionary Baptist Church Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 3/25/2015 2:00 PM Rev. Christopher Johnson Department:Clerk of Commission Caption:Rev. Christopher Johnson RE: Support Paine College Day on behalf of the Augusta Interfaith Coalition. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 3/25/2015 2:00 PM Katie B. DeLaigle Department:Clerk of Commission Caption:Ms. Katie B. DeLaigle RE: Family Portraits and Documents housed in the Gatehouse at Magnolia Cemetery. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 3/25/2015 2:00 PM Jennifer Salamanca Department:Clerk of Commission Caption:Ms. Jennifer Salamanca RE: Compliance with the law to provide an interpreter to citizens and residents that speak a different language than English. As stated in the 14th amendment. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: EXHIBIT 3 AUTHORIZING RESOLUTION (Page 1 of 2) Resolution authorizing the filing of an application with the Department of Transportation, United States of America, and Georgia Department of Transportation, for a grant under Title 49 U.S.C., Section 5303. WHEREAS, the Secretary of the US Department of Transportation and the Commissioner of the Georgia Department of Transportation are authorized to make grants for mass transportation projects; WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local project costs; WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under Title 49 U.S.C. Section 5303 the Applicant gives an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and other pertinent directives and the U.S. Department of Transportation requirements there under; and WHEREAS, it is the goal of the Applicant that Minority Business Enterprise (Disadvantaged Business Enterprise and Women's Business Enterprise) be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority business shall have the maximum feasible opportunity to compete for contracts and purchase orders when procuring construction contracts, supplies, equipment contracts, or consultant and other services. NOW, THEREFORE, BE IT RESOLVED by Augusta Richmond County, Georgia 1. That the Designated Official Hardie Davis, Jr. , Mayor, hereinafter referred to as The Official is authorized to execute and file an application on behalf of Augusta Planning and Development Department with the Georgia Department of Transportation, to aid in the financing of a technical study grant to implement specific items of the FY 2016 Augusta Regional Transportation Study – Unified Planning Work Program. 2. That the Official is authorized to execute and file with such application and assurance or any other document required by U.S. Department of Transportation and Georgia Department of Transportation effectuating the purposes of this grant. EXHIBIT 3 AUTHORIZING RESOLUTION (Page 2 of 2) 3. That the Official is authorized to furnish such additional information as the U.S. Department of Transportation and the Georgia Department of Transportation may require in connection with the application or the project. 4. That the Official is authorized to set forth and execute Minority Business Enterprise, DBE (Disadvantaged Business Enterprise) and WBE (Women Business Enterprise) policies and procedures in connection with the project's procurement needs. 5. That the Official is authorized to execute a grant agreement on behalf of Augusta Planning and Development Department with the Georgia Department of Transportation to aid in the financing of a technical study grant to implement specific items of the Augusta Regional Transportation Study FY 2016 Unified Planning Work Program. CERTIFICATE The undersigned duly qualified and acting Mayor, of the Augusta Georgia certifies that the foregoing is a true and correct copy of a resolution, adopted at a legally convened meeting of the Augusta Richmond Commission held on March 25, 2015. If the applicant has an official seal, impress here (Seal) Hardie Davis, Jr. Mayor, City of Augusta, Georgia Lena J. Bonner, Clerk of Commission (Attest) Date EXHIBIT 4 SECTION 5303 BUDGET INFORMATION Technical Classifications* UPWP Task # Activity Line Item (ALI) Code Description Estimated Project Cost 1.1;1.2;1.4;1.6;2.1; 2.2;2.3;4.2.1;4.2.4 44.21.00 Program Support & Administration $137,543.75 4.1;4.4 44.22.00 General Development & Comprehensive Planning $10,000.00 3.1;3.2;3.4;3.6;4.2; 4.3;4.5;4.8;4.10;4. 11;4.13;4.2.10 44.23.01 Long Range Transportation Planning (System Level) $10,000.00 4.2.9 44.23.02 Long Range Transportation Planning (Project Level) 4.2.8 44.24.00 Short Range Transportation Planning 4.12 44.25.00 Transportation Improvement Program (TIP) $20,000.00 4.2.3; 4.2.6 44.26.12 Coordination of Non-Emergency Human Service Transportation $4,000.00 4.2.5 44.26.13 Participation of Transit Operators in Metropolitan & Statewide Planning 4.2.2 44.26.14 Planning for Transit Systems Management/Operations to increase Ridership $10,000.00 44.26.15 Support Transit Capital Investment Decisions through Effective Systems Planning 44.26.16 Incorporating Safety & Security in Transportation Planning 4.2.11; 4.8 44.27.00 Other Activities $6,000.00 Total Project Cost (100%) $197,543.75 Accounting Classifications Activity Line Item (ALI) Description Estimated Project Cost 41.20.01 Personnel $75,543.75 41.20.12 Fringe Benefits 41.20.03 Travel $15,000.00 41.20.04 Equipment $5,000.00 41.20.05 Supplies 41.20.06 Contractual 41.20.07 Other $1,000.00 41.20.08 Indirect Charges $101,000.00 Total Project Cost (100%) $197,543.75 Fund Allocations Federal Share (80%) $158,035.00 MPO Share (10%) $19,754.38 State Share (10%) $18,754.38 Total Project Cost (100%) $197,543.75 33 Commission Meeting Agenda 3/25/2015 2:00 PM FTA Section 5303 Grant Application Resolution Department:Planning and Development Caption:Request to approve a Resolution to support the Fiscal Year 2016 Federal Transit Administration (FTA) Section 5303 Metropolitan Planning Grant. Background:The Augusta Planning and Development Department (APDD) is the metropolitan transportation planning staff of the Augusta Regional Transportation Study serving as Metropolitan Planning Organization (MPO) representing Richmond County, Georgia. The APDD is required to submit an application to the Georgia Department of Transportation Division of Intermodal as the state administrator of federal funds under Title 49 USC Federal Transit Administration Section 5303 Metropolitan Planning funds. This grant funds conducting metropolitan transportation planning including public transit work tasks in the FY 2016 Unified Planning Work Program. Analysis:Without approval of this item the Augusta Planning Development Department cannot proceed with submitting the grant application to GDOT by the due date, March 31, 2015. Financial Impact:Local matching funds will be provided by the City of Augusta in an 80/10/10% split including 80% from the U.S. Department of Transportation – Federal Transit Administration; 10% from Georgia Department of Transportation; and 10% from the city. The city’s match is included in the budget for the Planning and Development Department. Alternatives:Approve the Resolution in support of the application and financial commitment of the 10% local matching funds. Recommendation:Approve resolution to provide local match. Funds are Available in the Following Matching funds are included in the annual budget for the Planning and Development Department Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission APDD – Internal Use Only 1 ARTS/MPO Title VI Plan CHAPTER 1: TITLE VI The Civil Rights Act of 1964 and the Fourteenth Amendment of the constitution ensures that there is no discrimination due to race, color, and national origin. The Civil Rights Act “prohibits discrimination by recipients of Federal financial assistance on the basis of race, color and national origin, including matters related to language access for limited English proficient (LEP) Persons.” These classes of individual are protected Regulations The ever changing landscape of Federal policies plays important roles influencing state and regional transportation planning. Since the conception of the Federal Aid Road Act in 1916 and every other federal transportation policy since the past century, new laws continue to influence state and regional transportation planning decisions. Some of the more recent acts include: • Intermodal Surface Transportation and Efficiency Act of 1991 (ISTEA) • Transportation Equity Act of 21st Century of 1994 (TEA-21) • Safe, Accountable, Flexible, Efficient Transportation Equity Act: A legacy for Users of 2005 (SAFETEA-LU) • The Moving Ahead for Progress in the 21st Century Act of 2012 (MAP-21) Of those listed above, Federal Transit Administration continues to enforce SAFETY-LU for projects funded in Fiscal Year 2012 and previous years that are still not completed. All of these are also reflected in Georgia Department of Transportations’ (GDOT) Statewide Transportation Improvement Program (STIP) for fiscal year 2014 – 2017. Both GDOT and ARTS MPO are subject to FHWA and FTA regulations; ARTS MPO is further required to meet their certification review process. The ARTS MPO EJP is used to promote a fair transportation planning process while meeting state and federal requirements for Title VI. Analysis Method ARTS uses the following terms and definitions for specific concepts in regional planning necessary to meet federal Title VI regulations. These terms and analytical concepts include: Minority Population – any readily identifiable groups of minority persons who live in geographic proximity, and if circumstances warrant, geographically dispersed/transient persons who will be similarly affected by a proposed USDOT program, policy or activity. Low-Income Population – any readily identifiable groups of low-income person who live in geographic proximity, and if circumstances warrant, geographically dispersed/transient persons who will be similarly affected by a proposed USDOT program, policy or activity. APDD – Internal Use Only 2 ARTS/MPO Title VI Plan Elderly Population – people 65 years and older. Children – people 16 years and younger. Disproportionately high and adverse effect on Minority and Low-Income Population – Adverse Effect that is primarily on a minority and/or low-income population or they suffer a great adverse effect than non-minority and/or non-low-income population. Benefits – For specific project, corridor or sub-area, benefits are listed in the purpose and needs statement. How the Long Range Transportation Plan and Transportation Improvement Program promotes safety, mobility, economic productivity, human and natural environment and other goals identified in the local plans for all population served by the transportation agency. Evaluation is based on: 1. Identification of impacts 2. Quantitative and qualitative tests on positive and negative impacts ARTS MPO Approach ARTS MPO Long Range Transportation Plan (LRTP) and the Transportation Improvement Program (TIP) institute certain principles to address Title Vi: 1) Identify, address, and ensure there are no disproportionate or adverse impacts on regional demographics, especially minority and low-income populations. 2) Promote and market full and fair participation by all residents and communities in the planning process. 3) Assure benefits from federal transportation programs are received equally in the target population. ARTS methodology follows both FTA and FHWA for Title VI Analysis and does so for each individual census tract. 1. Analysis: Identify Target Population, burdens, and benefits and correlate them to one another 2. Plan: Present mitigation strategies for identified burdens and make Title VI recommendations 3. Public Involvement: Document Public participation methodologies used 4. Implementation: Evaluate the implementation of the Title VI process APDD – Internal Use Only 3 ARTS/MPO Title VI Plan CHAPTER 2: ANALYSIS ARTS Title Vi data is collected from the US Decennial Census 2010 and American Community Survey 5- Year 2008-2012. Where census tracts split the boundary of the ARTS MPO region, a ratio of the data is taken based off of the proportion within the boundary. Demographic information within the ARTS MPO region is presented in Table 1: ARTS MPO Population. This population is also illustrated in Figures 1 through 6 depicting their distribution throughout the ARTS MPO region. Table 1: ARTS Population Race Total Percentage White 251,163 57.5% Black 155,777 35.7% American Indian 1,537 0.4% Asian 9.183 2.1% Hawaiian 633 0.1% Other 7,619 1.7% Two or More 10,808 2.5% Total Population 436,716 100% Sources: US Decennial Census 2010 Table 2: Hispanic Population in ARTS Hispanic Total Percentage White 8,629 43.4% Black 1,847 9.3% American Indian 226 1.1% Asian 95 0.5% Hawaiian 44 0.2% Other 6,947 34.9% Two or More 2.909 10.5% Total 19,878 100% Sources: US Decennial Census 2010 Minority population accounts for more than 42% of total population within the MPO area while non- minority population accounts for under 58%. Majority of the African American and Hispanics are found in Richmond County Georgia and Aiken County South Carolina. Columbia County Georgia has majority of the Asian population. Majority of the population whose income is below the 150% poverty level are also found in both Richmond County Georgia and Aiken County South Carolina as shown in Figure 5. Figure 6 presents the distribution of elderly within the MPO boundary, with majority of them being located in Aiken South Carolina. APDD – Internal Use Only 4 ARTS/MPO Title VI Plan APDD – Internal Use Only 5 ARTS/MPO Title VI Plan APDD – Internal Use Only 6 ARTS/MPO Title VI Plan APDD – Internal Use Only 7 ARTS/MPO Title VI Plan APDD – Internal Use Only 8 ARTS/MPO Title VI Plan APDD – Internal Use Only 9 ARTS/MPO Title VI Plan APDD – Internal Use Only 10 ARTS/MPO Title VI Plan Demographic and Low-Income Analysis Data for the demographics and low-income analysis is derived from U.S. Census 2000 and 2010. Table 3: ARTS Population by Age and Gender Source: U.S. Decennial Census 2010, ARTS The maps also documents that there are no disproportionately high and adverse effects in the area. Communities are very cohesive where many elderlies do not have vehicles yet are taking into great consideration when for any transportation projects in their area. While some areas may perceive some demographic and economic segregation, these area are part of major transportation improvement projects and have access to paratransit services. Table 4: Target Area Population Composition In MPO Percentage in MPO Four Counties Percentage White 251,163 57.5% 301,773 58.98% Black 155,777 35.7% 176,456 34.49% American Indian 1,537 0.4% 1,827 0.36% Asian 9,183 2.1% 9,516 1.86% Hawaiian 633 0.1% 673 0.13% Other Race 7,619 1.7% 9,279 1.81% Two or More Races 10,808 2.5% 12,162 2.38% Total Hispanic* 19,878 4.55% 23,620 4.62% Total Population 436,719 100.00% 511,686 100.00% Source: U.S. Decennial Census ACS 2010 Total 436,719 100% Age Under 5 30,067 7% 5 to 19 91,931 21% 20 to 64 260,966 60% 65 and over 53,755 12% Gender Male 411,147 48% Female 255,573 52% APDD – Internal Use Only 11 ARTS/MPO Title VI Plan Table 5: Countywide Location, Gender, and Age Census 2000 2010 Columbia Richmond Aiken Edgefield Columbia Richmond Aiken Edgefield Urban 74% 92% 61% 21% 84% 91% 63% 27% Rural 26% 8% 39% 79% 16% 9% 37% 73% Male 49% 48% 48% 53% 49% 48% 48% 54% Under 5 7% 7% 7% 6% 7% 8% 7% 5% Children 5 - 17 24% 21% 21% 18% 22% 18% 18% 16% Adults 18 - 64 62% 63% 61% 68% 62% 65% 62% 69% Seniors 65+ 7% 9% 11% 8% 9% 10% 14% 11% Female 51% 52% 52% 47% 51% 52% 52% 46% Under 5 6% 7% 6% 6% 6% 7% 6% 6% Children 5 - 17 22% 19% 19% 19% 20% 16% 16% 17% Adults 18 - 64 63% 62% 61% 62% 63% 64% 61% 62% Seniors 65+ 9% 13% 15% 14% 11% 13% 17% 16% Source: U.S. Decennial Census 2000 and 2010, ARTS Needs Assessment ARTS Low-Income Transportation needs include 1. Public Transit in ARTS has developed incrementally and expanded upon with very little visionary planning, leaving some areas distant from any access or availability. • Bus stops are located at inconvenient spots along major arterial and collector roads away from neighborhood, commercial, or residential centers. • Recreation centers, parks, shopping venues, and employment centers are outside any transit stops. • Transit ridership has declined due to improved traffic management, moreover, lack of awareness of transit availability. 2. Employers, Neighborhood Organizations, Civic Leaders, and others require incentives to assist in transportation improvements. • Presenting to local speaker bureaus, civic leagues, neighborhood organizations and churches while gathering information from them. • Publicizing all research, documents, plans, and projects through city webpage as well as independent transportation planning web portal. • Creating public and private partnerships with local stakeholders, organizations, and communities. 3. Alternative transportation is available in the ARTS region but coverage is limited APDD – Internal Use Only 12 ARTS/MPO Title VI Plan • Pedestrian safety improvements continues to expand throughout the area but many neighborhoods lack walkability Benefits and Burdens The ARTS provides a brief description of possible benefits, burdens and mitigation strategies in the following table. Table 6: Benefits and Burdens based on local projects Project Type Benefit Burden Mitigation New road Enhance travel conditions Increased noise pollution, effects existing neighborhoods Design ROW standards for minimum impact Complete Street Policy Provides alternative routes, and reduces traffic on major streets Construction delays in existing neighborhoods Context sensitive design in neighborhoods Local road improvements Promote system preservation Diverts traffic during construction causing heavy traffic and dangerous conditions on local streets Build curbs and sidewalks rather than shoulders Improve safety and travel conditions Fixed route service Extend accessibility to transit in EJ population Reliable financial / funding resource Improve transit frequency when possible Reduce reliance on motor vehicles and maintain air quality Increase mobility to EJ population Install bus shelters that comply with ADA policy Para Transit/Rural Transportation Provides service for people with mobility limitations Problems with ride reservation and cancelation Provide appropriate training and improve reservation policy Service provided county wide including outside target area Riders are sensitive to driver's comments and behavior Pedestrian Improvements Improve safety and alternative modes of transportation Complete Streets Policy Source: ARTS APDD – Internal Use Only 13 ARTS/MPO Title VI Plan Benefits and Burdens impact on Title Vi Target Population ARTS LRTP is financially constrained as required by state and federal regulations. Table 11 shows expected revenue and costs based on the previous LRTP’s three tier Financial Plan for the state of Georgia and South Carolina. Table 7: Expected Revenue and Costs Time Period Projected Revenue Expected Costs Balance Ge o r g i a 2011 - 2014 $ 244,286,760 $ 244,286,760 $ - 2015 - 2024 $ 1,365,415,322 $ 1,102,239,102 $ 263,176,220 2025 - 2035 $ 1,418,819,954 $ 1,369,879,856 $ 48,940,098 Total $ 3,028,522,036 $ 2,716,405,718 $ 312,116,318 So u t h Ca r o l i n a 2011 - 2014 $ 39,337,861 $ 37,463,909 $ 1,873,952 2015 - 2024 $ 118,473,572 $ 117,442,197 $ 1,031,375 2025 - 2035 $ 126,908,113 $ 124,735,851 $ 2,172,262 Total $ 284,719,546 $ 279,641,957 $ 5,077,589 Total ARTS $ 3,313,241,582 $ 2,996,047,675 $ 317,193,907 Source: GDOT, SCDOT, ARTS Staff, Aiken County, Augusta Public Transit, Best Friends Express, and ARTS 2030 LRTP Section VIII – Financial Plan. The ARTS LRTP 2030 Recommendations including the Transportation Improvement Programs, contained within the plan are used to evaluate the benefits and burdens and the impact it has on the target population. It is the impact of specific projects and plans that will determine any disproportionate adverse impacts on the ARTS population along with assessing the benefits have been distributed evenly. Measures of LRTP 2030 The following are ARTS measures are used to evaluate a projects impact on target and non-target areas. Implementation of the recommendations in the LRTP and specific TIP projects are not evaluated, only the resulting benefits and burdens. • Highway and Freeway in EJ target and non-target areas • Local Roads in EJ target and non-target areas • Pedestrian Improvements in EJ target and non-target areas • Public Transit in EJ target and non-target areas Measures Applied to LRTP 2030 ARTS LRTP 2040 is a bi-state plan providing planning, financial, and physical resources to four counties and assisting them in their efforts to ensure all residents have access to the same transportation services. Title VI Analysis is for all four counties within the MPO’s jurisdiction and is based on the measures listed above. The following table documents the funding allocation based on the same measures: APDD – Internal Use Only 14 ARTS/MPO Title VI Plan Table 8: ARTS LRTP Project Measures LRTP TIP Highway or Freeway Improvement $ 132,871,940 $97,258,942 Highway or Freeway New $ 257,466,426 Local Improvement $ 1,540,789,956 $28,224,764 Local New $ 59,299,339 Pedestrian Improvement $ 199,876,396 Pedestrian New $ 38,496,434 Public Transit $ 202,943,795 Total $ 2,431,744,286 $125,483,706 Source: ARTS, LRTP 2035, TIP Highway and Freeway Analysis New construction and future improvements to both the I-20 and I-520 will help all residents within the MPO area as well as those outside. Enhancements to I-520 with the assistance of Federal funds will assist in developing a stronger link to minorities and low-income people living in southern portions of Richmond County. Future HOV lanes, additional lanes and access points to the highways and freeways will help improve vehicular circulation and make local roads safer for pedestrians and non-commuting travelers. This will also reduce travel time through improved traffic conditions along federal highways for distance commuters between Columbia and Atlanta, while simultaneously refining linkages between Aiken and Richmond County, and improving access to major employers and healthcare in the region. Local Roads Analysis Maintenance, expansion, and creation of new local roads will benefit minorities and low-income residents throughout the ARTS area providing better access to alternative travel routes, improved traffic conditions, and reduced travel time. People living in west Columbia County outside the MPO boundary will be able to drive into the urban areas of Columbia County in less time than before improvements were made to local roads. Currently, people living outside Columbia County’s portion of ARTS must travel fifteen miles to access government facilities, central business district, and other urban amenities. People living in Aiken County outside the ARTS must travel even further – average of 20 miles – to access the government and business facilities of North Augusta and Augusta. People in Richmond County are able to access a variety of alternative and improved local routes and reduced congestion within the County while also accessing surrounding counties in less time. Improvements to local roads in these counties will facilitate better access for minorities and low-income people who live outside the ARTS. Both Pedestrian Analysis ARTS Bicycle and Pedestrian Plan as part of the Long Range Transportation Plan documents the various pedestrian oriented transportation developments occurring throughout the area. Many residents of all races, age, income, and ability now have access to greater avenues for walking, cycling, and recreation. APDD – Internal Use Only 15 ARTS/MPO Title VI Plan Aiken County’s continues to promote Safety Routes to School by expanding it to other schools throughout the County while Augusta promotes its Age-Friendly designation by GA AARP through walkability surveys in neighborhoods throughout the County. Columbia County is ensuring pedestrian safety by insisting on sidewalks in any new construction and road improvement projects. Public Transit Analysis Best Friends Express in Aiken County, South Carolina and Augusta Public Transit in Richmond County, Georgia continue to provide public transportation for residents throughout their area. Both constantly seek new opportunities to expand their service to other minority and low-income neighborhoods so even more people may have access to public transportation. Columbia County continues to promote their non-fixed route service through marketing, where people of all income levels can make reservations from the comfort of their home and be delivered to the destination of their choosing. Refer to the August Public Transportation Title VI Program for more detail information on the local public transportation. Findings ARTS continued efforts to ensure there is no discrimination within its planning area are based on some of the findings based on the analysis presented. The Long Range Transportation Plan various modes are documented below. 1. The highway system consisting of I-520 and I-20 which bisect the counties in the region primarily between Columbia and Richmond County in Georgia and Aiken County in South Carolina, benefits all four counties areas. Minority and low-income populations are located outside each of the four counties urban cores but all within the ARTS boundary. Age and racial demographics is equally distributed throughout the metropolitan area. Constant maintenance, improvements and expansion of the two Highways is critical for the ARTS MPO area. Each of the counties are anticipating population and employment growth while more and more commuters continue to travel along these two highways. Addition of HOV lanes, expansion of existing system, instillation of additional access point, and other necessary improvements to the highway network will provide greater safety for elderly and slow drivers while allowing others to travel more freely. 2. Public transportation focus primarily on the ARTS areas and are always attempting to expand into others minority and low-income neighborhoods. Public Transit fiscal costs accounted for only 7% in the ARTS LRTP 2035 Plan. Richmond County’s 10 fixed bus routes and Aiken County’s 3 fixed-bus routes continue to provide minority and low-income residents with the public transit needs while seeking to expand into other neighborhoods. Columbia County’s rural transportation on-demand route currently is not assisted by the ARTS, it is a self-sustaining system implemented by the county as an independent means to addressing their population. In Richmond County, a new bus route has currently been implemented by providing military personnel at Fort Gordon with access to public transit. Public transportation providers are planning to expand their APDD – Internal Use Only 16 ARTS/MPO Title VI Plan marketing initiatives in an effort to increase ridership and will eventually be linked to park and ride facilities throughout the ARTS area. APDD – Internal Use Only 17 ARTS/MPO Title VI Plan Chapter 3: Public Involvement Input from the public is an important part of the ARTS’ transportation planning process. Transportation presentations to local neighborhood organizations, speaker bureaus, and other community venues, the ARTS staff have collected a wide range of information from the public. ARTS has acquired online pooling to collect information from the public. This has been instrumental in collecting and compiling data at public meetings highlighting transportation issues to be addressed in the Long Range Transportation Plan. Findings from these numerous grassroots public participation events will be documented and incorporated into the ARTS Title VI Plan. Enclosed in the Appendix is ARTS Public Participation Plan Committee Involvement The ARTS is composed of three committees: Citizen Advisory Committee (CAC), Technical Coordinating Committee (TCC) and Policy Committee (PC). The CAC and TCC evaluate plans, programs, and initiatives presented to them by ARTS staff and make their recommendations to the PC. The PC is the governing body of ARTS and votes on whether to approve or reject such plans, programs and recommendations. Table 9: ARTS Committee Demographics Committee Demographic Count Citizens Advisory Committee White, Male 3 Black, Male 3 White, Female Vacant Black, Female Vacant Total 6 Technical Coordinating Committee White, Male 15 Black, Male 2 White, Female 2 Black, Female 1 Other, Female 1 Total 21 Source: ARTS The Citizens Advisory Committee (CAC) consists of twelve local citizens appointed by the governing body of each jurisdiction. Richmond, Columbia, and Aiken County all have four members on the CAC. Each member represents the public and provides the public’s concerns on transportation issues. The TCC is comprised of key transportation personnel from the counties within ARTS and it also provides recommendations to the PC. FHWA, DOT, Lower Savannah Council of Government and Central Savannah River Area Regional Commission are some of the non-voting members on both the CAC and TCC ensuring they are kept up-to-date with regional transportation issues. APDD – Internal Use Only 18 ARTS/MPO Title VI Plan Methodology The CAC works in conjunction with TCC reviewing various planning documents presented to them including but not limited to the Long Range Transportations Plan, Congestion Management Process, Unified Planning Work Program, and Title VI as well as any others prepared by ARTS. These documents are presented to them for comments and recommendations to the PC. ARTS is permitted some time to incorporate their comments into the plans, programs and initiatives before presenting to PC. Public involvement is conducted by the ARTS staff by attending civic organizations, neighborhood association meetings, and other community venues where the Long Range Transportation Plan and Transportation Improvement Programs are presented and all comments are welcome. At certain public meetings, wireless polling is conducted and results of the surveys are presented at the very same venues, showing each comment and input is taken seriously into the planning process. Public Participation Contacts A detail contact list is maintained by the ARTS for the entire area, consisting of neighborhood organizations, faith based organizations, stakeholders, public leaders, and many more. This list is used to keep people informed through the ARTS News Letter, make reservations for presentations, and gather information from an organized and structured public participation process. All meetings held by CAC, TCC, and PC are open to the public. The meetings agendas are posted online as well as distributed to interested citizens, neighborhood organizations, and stakeholders. Public notices are listed during the public involvement process for Long Range Transportation Plan, Transportation Improvement Plan, and Special Transportation Projects. Plan documents are placed in over thirty locations through the region for access to the public. These locations include public facilities, libraries, community centers, and government buildings. Public Notice Every public participation event from speaker bureaus to public meetings are posted on the website and distributed through flyers and bill drops inviting the public to attend a community meeting near them. The following is a list of locations reserved for public meetings and speaker bureaus, each encouraging the local residents and businesses to participate in the transportation planning process in their area. Speaker Bureaus: • Trinity on the Hill Methodist Church • Columbia County Exchange Club at Snelling Center • Augusta Chamber of Commerce Advocacy Council • Augusta Exchange Club at First Baptist Church • Augusta Canal Authority at Enterprise Mill • Aiken Chamber of Commerce APDD – Internal Use Only 19 ARTS/MPO Title VI Plan • Merchants Association of Columbia County • Sierra Club at Unitarian Universalist Church Public Meeting Hephzibah City Hall Warren Road Community Center 2530 Highway 88 300 Warren Road Hephzibah, GA 30815 Augusta, GA 30907 Liberty Community Center Oak Point Community Center 1040 Newmantown Road 703 East Boundary Grovetown, GA 30813 Augusta, GA 30901 Sand Hills Community Center North Augusta Community Center 2540 Wheeler Road 495 Brookside Avenue Augusta, GA 30904 North Augusta, SC 29841 Carrie J. Mays Family Life Center Odell Weeks Activity Center 1014 Eleventh Avenue 1700 Whiskey Road Augusta, GA 30901 Aiken, SC 29803 First Baptist Church of Evans Smith Hazel Recreation Center 515 N. Belair Road 400 Kershaw Street NE Evans, GA 30809 Aiken, SC 29801 Monitor of Subrecipient Each jurisdiction within the ARTS boundary is encouraged to participate in federally funded programs dedicated to transportation. Furthermore, they are also subject to review by the MPOs for Title VI compliance, ensuring there is no discrimination. From Long Range Transportation Plan projects to Transportation Improvement Programs seeking federal and state funds, each jurisdiction must show Augusta Regional Transportation Study that they are not discriminating and the projects will ensure all burden and benefits are evenly distributed. ARTS Policy Council makes the decisions, taking into account public input from the Citizen Advisory Council and professional consultation from the Technical Coordinating Committee. These committees monitor all programs and projects for Title VI and all manner of transportation related projects, programs and policies. APDD – Internal Use Only 20 ARTS/MPO Title VI Plan Chapter 4: Limited English Proficiency Plan Executive Order 13166 was signed into law by President William J. Clinton on August 11, 2000; titled Improving Access to Services for Persons with Limited English Proficiency. The purpose of this order was to ensure that people who had very limited ability to read, write, and speak English were provided the necessary assistance so they may access the same service as those who knew English proficiently. This order was geared to safeguard the use of federal funds. Each Federal agency is required to follow Title VI stipulations; any agency receiving federal funds is equally required to follow them as well. U.S. Department of Transportation’s publication of Policy Guidance Concerning Recipients’ Responsibilities to Limited English Proficient Persons ensures people are not excluded from DOT-assistance programs and activities simply due to communication. Elements The essential elements of a Limited English Proficiency Plan are as follow: 1. Identification of LEP persons 2. Identification of Language Assistance 3. Training Staff 4. Notices to LEP persons Four-Factor Analysis The first two elements – Identification of LEP Persons, and Language Assistance - is conducted through a four factor analysis as stipulated in the Department of Transportation’s guidance These factors include: 1. Number or Proportions of LEP persons in ARTS 2. Frequency of LEP persons contact with ARTS 3. Nature or importance of program for LEP persons 4. Available resources and overall costs Safe Harbor Stipulation This stipulation of Title VI provides recipients of federal funds an absolute certainty means of verifying their compliance to Limited English Proficiency requirements through written translation. Safe Harbor is met when agencies provide a written translation of all vital documents for any language for groups of people that consist of 5% or 1,000 – whichever is less – of the people serviced by the agency. Not providing all translation does not constitute breach of safe harbor, simply a guideline in the event they seek to ensure absolute compliance. Oral communication can also be conducted in situations where extensive writing my prove overburden to the agency. APDD – Internal Use Only 21 ARTS/MPO Title VI Plan LEPP Development ARTS uses the Four-Factor Analysis to identify the number of LEP persons, frequency of LEP persons utilizing program, nature of program and availability and cost of resources. Data is compiled using the U.S. Census and the LRTP. 1st Factor: Number or proportions of LEP persons in ARTS Table 10: Countywide LEP Population Columbia Richmond Aiken Edgefield Speak Only English 90.1% 94.2% 94.7% 94.1% Speak English "Very Well" 6% 4% 3% 3% Speak English "Well" 2.3% 1% 1% 1% Speak English "Not Well" 1% 1% 1% 1% Speak English "Not at All" 0% 0% 0% 1% Source: U.S. Decennial Census 2010 2nd Factor: Frequency of LEP persons contact with ARTS While number of LEP persons in the ARTS area is relatively low, frequency of how often they will utilize public transportation services in the region may increase. They will facility the requirements to develop appropriate strategies necessary to meet their langue needs. It is this small yet growing number of LEP persons in the ARTS area who will make the most use of public transportation and ARTS staff will be prepared and ensure they receive the same quality services as everyone else in the region. 3rd Factor: Nature or importance of program for LEP persons Public input during various phases of the Long Range Transportation planning process. From public meetings regarding Transportation Improvement Programs, to attending local speaker bureau and civic center meetings, meeting local residents directly and exchanging information with them about local transportation issues helps ARTS understand and plan for their needs. Presentations, handouts, and personal conversations are conducted to show ARTS commitment growing regional transportation. 4th Factor: Availability of resources and overall costs LEPP plan is primarily funded through FTA Section 5303, 5316, and 5317 programs, assisting local and regional transportation agencies with resources necessary to meet the needs of LEP persons. Assistance through these programs comes in the form of the following initiatives for ARTS: • Training staff in Spanish and Asian languages so they can better communicate with Non-English speaking users of public transit. • Coordination with Board of Education to assist in data collection and analysis of LEP persons in the ARTS area. APDD – Internal Use Only 22 ARTS/MPO Title VI Plan • GIS analysis of LEP persons in ARTS area and their use of fixed-route and non-fixed route public transit. • Publication of ARTS documents in multiple languages upon request by the public. • Marketing of public transit conducted in multiple languages, including Spanish and variety of Asian languages. Staff Training This plan is part of each ARTS staff member’s library, serving as a resource for Title VI requirements and policies currently in place. Certain staff members are proficient in other languages while others will be provided the necessary training so they too may interact with the public more directly. This document is made available both as a hard copy and online as a digital one so they may access it anywhere. Public may also obtain a copy of this for their reference in any language they require. LEP Notifications ARTS regularly publicizes a local newsletter throughout the year in variety of languages to ensure LEP persons are kept up to date of local transportation planning projects. ARTS also publicizes through variety of medias informing LEP persons public transportation services: and planning meetings, these include: • Signs in Spanish and Asian on buses and at transit stations • Local newspapers, news outlets, television and radio stations • Neighborhood and faith based organizations as well as stakeholder groups • Presentations in schools, civic leagues, and speaker bureaus Continued efforts to reach out to the public will be implemented as funding become more available. Monitoring and Updating to LEPP The LEPP is monitored and updated along with the ARTS Participation Plan both of which are subject to the ARTS Technical Coordinating Committee and Citizen Advisory Committee. Both plans are also part of the ARTS LRTP and updated accordingly. All documents are available to the public in any language they require. LEP Complain Processing The public is also permitted to use the Title VI Complaint forms for any violations they feel may have been made against them in regards to this LEPP. Title VI Complaint Form is provided in the Appendix as well as online. APDD – Internal Use Only 23 ARTS/MPO Title VI Plan Appendix A Complaint Process and Form APDD – Internal Use Only 24 ARTS/MPO Title VI Plan ATTACHMENT A: AUGUSTA, GEORGIA TITLE VI PUBLIC COMPLAINT PROCESS If you believe that you have been excluded from participation in, been denied the benefits of, or been subjected to discrimination under any Augusta Public Transit (APT) service, program or activity, you may file an official Title VI complaint with the Administrator of Augusta, Georgia (hereafter “APT Title VI Coordinator”). The following steps describe the procedures to file a complaint and how Augusta, Georgia will respond. 1. The complaint must be submitted to the APT Title VI Coordinator no later than 180 days after the date of the alleged discrimination. 2. A Title VI Complaint Form can be obtained by calling (706) 821-1721 or by downloading the form from our website at www.augustaga.gov. Please provide the following information on the complaint form or you may submit a signed written statement that contains all of the following written information:  Your name, address and how to contact you (phone number, email address, etc.);  The basis of the alleged discrimination complaint (race, color, or national origin);  How, why, when and where you believe you were excluded from participation in, were denied the benefits of, or were subjected to discrimination. If the alleged incident occurred on the bus, give date, time of day, and bus number if available;  Include the location, names and contact information of any witnesses;  Indicate whether you have filed the complaint with Federal Transit Administration; and  You must sign your letter of complaint. If you, as the complainant, are unable to read and/or write a complaint, the APT Title VI Coordinator will assist you with the complaint. APT is committed to providing open access to its services to persons with limited ability to speak or understand English; if requested by complainant, the APT Title VI Coordinator will provide language translation services. 3. The complaint shall be sent to the following address: Augusta, Georgia Janice Allen Jackson, Administrator 535 Telfair Street Room 910 Augusta, GA 30901 4. All complaints will be investigated promptly. Reasonable measures will be undertaken to preserve any information that is confidential. The APT Title VI Coordinator will review APDD – Internal Use Only 25 ARTS/MPO Title VI Plan every complaint, and when necessary, begin the investigation process. At a minimum the investigating will:  Identify and review all relevant documents, practices and procedures;  Identify and interview persons with knowledge of the alleged discrimination, that is, the person making the complaint; witnesses or anyone identified by the Complainant; anyone who may have been subject to similar activity, or anyone with relevant information. 5. Upon completion of the investigation, the APT Title VI Coordinator will complete a final report for Augusta, Georgia. The investigation process and final report should take no longer than ninety (90) days after receipt of the complaint. If a Title VI violation is found to exist, remedial steps as appropriate and necessary will be taken immediately. The Complainant will also receive a copy of the final report together with any remedial steps. If no violation is found and the complainant wishes to appeal the decision, he or she may contact the Federal Transit Administration, 230 Peachtree Street NW, Suite 800, Atlanta, GA 30303 Attention: Regional Civil Rights Officer, or by calling (404) 865-5628, or web site http://www.fta.dot.gov/civilrights/title6/civil_rights_5104.html Complainants may also file their initial Title VI complaint directly, no later than 180 days after the date of the alleged discrimination, to the Federal Transit Administration APDD – Internal Use Only 26 ARTS/MPO Title VI Plan TITLE VI COMPLAINT FORM AUGUSTA, GEORGIA File # _______ Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance. Specifically, Title VI provides that “no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” The Title VI guarantees fair treatment for all people and provides for APT, to identify and address, as appropriate, disproportionately high and adverse effects of its programs, policies, and activities on minority and low-income populations, such as undertaking reasonable steps to ensure that Limited English Proficient (LEP) persons have meaningful access to the programs, services, and information APT provides. APT works to ensure nondiscriminatory transportation in support of our mission to provide quality, dependable, safe, accessible, and affordable transit service, to enhance the social and economic quality of life for all Augusta-Richmond County citizens. APT’s Title VI Coordinator is responsible for the Civil Rights Compliance and Monitoring to ensure non-discriminatory provision of transit services and programs. Complainant Name Mailing Address Telephone Numbers (Home) (Work) Email Address List type of discrimination (please check all that apply): Race ( ) Color ( ) National Origin ( ) Other Please indicate your race/color, if it is a basis of your complaint Please describe your national origin, if it is a basis of your complaint Location where incident occurred Time and date of incident APDD – Internal Use Only 27 ARTS/MPO Title VI Plan Name/Position title of the person who allegedly subjected you to Title VI discrimination: Briefly describe the incident (use a separate sheet, if necessary): Did anyone else witness the incident? Yes ( ) No ( ) List witnesses (Use a separate sheet, if necessary) Name Address Telephone Number Name Address Telephone Number Have you filed a complaint about the alleged discrimination with the Federal Transit Administration? Yes ( ) No ( ) If yes, when? Signature Date APDD – Internal Use Only 28 ARTS/MPO Title VI Plan Appendix B ARTS Public Participation Plan APDD – Internal Use Only 29 ARTS/MPO Title VI Plan A. PURPOSE The Augusta Regional Transportation Study (ARTS) Participation Plan is designed to ensure timely and meaningful input into the metropolitan transportation planning process. The Participation Plan outlines the process to involve all interested parties in the regional transportation planning process and the development and amendment of major transportation studies undertaken as part of ARTS. The overall objective is to provide a process that is proactive, provides complete information, timely public notice, full public access to key decisions, and opportunities for early and continuing involvement. The Participation Plan replaces the ARTS Public Involvement Policy adopted on October 22, 1998. The update is in response to changes to the metropolitan transportation planning process This Plan fulfills requirements outlined in the Final Rule for Statewide and Metropolitan Transportation Planning as published in the Federal Register on February 14, 2007 by the Federal Highway Administration and Federal Transit Administration. The rules were effective on March 16, 2007. The regulations are a result of the passage of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 109-59, August 10, 2005). B. INTRODUCTION The Augusta Regional Transportation Study (ARTS) is the transportation planning process established for the Augusta GA – Aiken SC urbanized area. The Federal-Aid Highway Act of 1962 established the requirement for transportation planning in urban areas throughout the country. The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), the Transportation Equity Act for the 21st Century, adopted in 1998, and SAFETEA-LU, enacted on August 10, 2005, are the most recent laws extending the federal requirement for transportation planning. In keeping with the original federal mandate, the ARTS planning process is cooperative, continuous, and comprehensive. The ARTS planning process is cooperative because it brings together local elected officials, state and federal transportation personnel, citizens, and other interested parties to plan and program transportation projects. ARTS participants continuously evaluate transportation needs and plan for long term improvements. The ARTS process is comprehensive because it considers all modes of transportation, including cars, trucks, buses, airplanes, railroads, bicycles, and pedestrians. The ARTS area includes the urbanized part of the Augusta region, as defined by the U. S. Bureau of Census, plus the area expected to become urbanized over the next twenty years. The study area now encompasses an area that includes all of Richmond County, Georgia, part of Columbia County, Georgia, the Fort Gordon Military Reservation, part of Aiken County, South Carolina, and part of Edgefield County, South Carolina. Incorporated places within the study area include the Georgia cities of Augusta, Hephzibah, Blythe and Grovetown, and the South Carolina cities of Aiken, North Augusta, and Burnettown. ARTS Committees APDD – Internal Use Only 30 ARTS/MPO Title VI Plan The ARTS planning process is guided by four committees: the Policy Committee (PC), the South Carolina Policy Subcommittee, the Technical Coordinating Committee (TCC), and the Citizens Advisory Committee (CAC). The Policy Committee meets quarterly and is responsible for prioritizing projects and making final decisions on ARTS planning and programming issues. The committee is comprised of local elected officials, representatives of the Georgia and South Carolina Departments of Transportation, representatives of the Federal Highway Administration and Federal Transit Administration, the ARTS Project Director, and the Chairman of the CAC. The South Carolina Policy Subcommittee serves in an advisory capacity to the Policy Committee, and is responsible for insuring that the South Carolina portion of ARTS is kept up-to-date. The South Carolina Subcommittee is comprised of local elected officials (voting members), and federal, state and local appointed personnel (nonvoting members) representing the South Carolina part of the study area. The Technical Coordinating Committee (TCC) meets 6-7 times each year, normally in conjunction with the Citizens Advisory Committee, and is responsible for completing all technical work related to the ARTS planning process. The TCC maintains all of the required transportation related documentation, and serves in an advisory capacity to both the Policy Committee and Citizens Advisory Committee. The TCC is comprised of transportation engineers, planners, and managers from the federal, state, and local levels. The Citizens Advisory Committee (CAC) meets 6-7 times each year, normally in conjunction with the TCC, and is responsible for providing citizen input on all aspects of the ARTS planning process. The CAC is comprised of citizens from throughout the urban area. The role of the CAC is crucial to the success of the ARTS transportation planning process. ARTS Staff The Augusta Planning & Development Department (APDD) is the designated Metropolitan Planning Organization (MPO) for the ARTS. The Director of the APDD is the ARTS Project Director and is responsible for overall supervision of staff work on the planning process. In addition to staff of the APDD, employees of the Georgia Department of Transportation (GDOT), the South Carolina Department of Transportation (SCDOT), the Aiken County Planning and Development Department (ACPDD), and the Lower Savannah Council of Governments (LSCOG) are involved in ARTS planning activities. The ACPDD staff is responsible for planning activities in the Aiken County part of the study area. The LSCOG is responsible for planning and administrative activities for Aiken County Transit. Planners with GDOT and the SCDOT coordinate state-level aspects of any studies, assist with technical analysis, and play a major role in the development and utilization of the ARTS travel demand model. C. PARTICIPATION STRATEGY The ARTS Participation Plan encompasses five (5) components: Consultation, Public Access, Public Outreach and Education, Public Input and Evaluation APDD – Internal Use Only 31 ARTS/MPO Title VI Plan CONSULTATION OBJECTIVE: To ensure that major regional transportation documents, including the Participation Plan, are developed in consultation with the general public and other interested parties, and reflect existing and future plans for development of the region. This also involves efforts to identify and include all interested parties in the transportation planning process. The following strategies shall be used to achieve this objective: Consultation Strategies 1. The MPO shall maintain and update a list of stakeholders, and potential stakeholders, for the purpose of disseminating information about ARTS transportation plans and projects. Special attention shall be given to include members of potentially underserved groups. 2. The MPO has identified and involved groups that are traditionally underserved in the ARTS area in the transportation planning process. The ARTS will create and initiate a method (through census, GIS or other similar means) to identify those communities with high concentrations of minority, low-income, disabled or elderly populations. In addition, the MPO will also identify media that serves these communities and maintain a mailing/contact list to notify these media outlets of all regularly scheduled ARTS committee meetings. 3. The LRTP and TIP shall be prepared and / or amended by the MPO in consultation, as appropriate, with agencies and officials responsible for other planning activities in the study area. This consultation shall include, as appropriate, contacts with State, local, Indian Tribe and private agencies responsible for planned growth, economic development, environmental protection, airport operations, freight movements, land use management, natural resources, conservation and historic preservation. During the development of the ARTS LRTP and TIP the MPO will compare available plans, maps and inventories from state and local resource agencies to determine which resource will be directly or indirectly affected by the plan or program. The consultation process will include the following steps: • An initial identification of the resources and responsible agencies likely to be affected by the plan or program • A review of available information (plans, maps and inventories) derived from agency websites • Consult with the responsible agency or agencies regarding the potential impact of the plan or program • Document action taken in the consultation process, including acknowledging the receipt of comments and suggestions from resource agencies, for inclusion in the ARTS LRTP and TIP. APDD – Internal Use Only 32 ARTS/MPO Title VI Plan 4. The LRTP and TIP shall be prepared by the MPO with due consideration of governmental agencies and nonprofit organizations (including representatives of the agencies and organizations) that receive federal assistance from a source other than the U.S. Department of Transportation. 5. The procedures for processing administrative modifications and amendments to the LRTP and TIP shall be the same as those published by the Georgia Department of Transportation in December 2009 and included as Appendix G (as amended on March 4, 2010). PUBLIC ACCESS OBJECTIVE: To ensure that the general public and other interested parties have timely and convenient access to agendas, meetings, documents and other information related to the regional transportation planning process. The following strategies shall be used to achieve this objective: Public Access Strategies 1. All ARTS plans and documents shall be made available for the public to review at the ARTS office. Copies and summaries of draft documents also will be available for public review in planning offices and other locations in Richmond, Aiken and Columbia Counties (see Appendix for locations). Single copies of the current ARTS plans and documents shall be provided free of charge upon request. Copies of the Transportation Improvement Program (TIP) and Long Range Transportation Plan shall be distributed to all other participating agencies. 2. Updates to and amendments of the LRTP and TIP will be available for a 30-day public review and comment period. A 15-day public review and comment period is allowed in the event of special circumstances. Special circumstances are limited to instances in which time constraints would cause the MPO to miss a deadline for approval of a project or projects (As amended on February 8, 2010). 3. The development of the ARTS Participation Plan, and any future amendments to the plan, will be subject to a 45-day public review and comment period 4. The MPO shall provide reasonable access to technical and policy information used in the development of the LRTP and TIP. 5. The MPO shall provide, upon request and 48-hour notice, assistance to those with special needs, at ARTS meetings. 6. Public meetings will be held at convenient and accessible locations and times. All meetings, public hearings and formal events of the ARTS shall be held in facilities that are accessible by persons with disabilities. Generally speaking, meetings will be held at public facilities (see Appendix for locations), on weekday evenings and at locations that are handicapped accessible and served by public transit. PUBLIC OUTREACH AND EDUCATION APDD – Internal Use Only 33 ARTS/MPO Title VI Plan OBJECTIVE: To use effective tools and techniques to provide information about the regional transportation plans and issues to the general public and other stakeholders. The desired outcome is that the public provides meaningful input on a transportation plan or issue based upon accurate and complete information and the potential impact of alternative actions. The following strategies shall be used to achieve this objective: Public Outreach and Education Strategies 1. All ARTS meeting agendas will be distributed at least seven (7) days in advance to all committee members, area media outlets and other interested parties. Agendas and minutes of meetings will be posted on the ARTS web site. 2. All public meeting notices and notices or public review and comment periods will be published at least seven (7) days in advance of the meeting date or the start of the review and comment period. The notices also will be posted on the ARTS web site. 3. The MPO will provide the media with information pertaining to the adoption, revision or amendment of all MPO plans at least seven (7) days prior to the date of the final action. 4. Use the following tools and techniques to inform the media, general public and other interested parties about transportation plans, programs and activities: a. Press Releases – Used to announce upcoming meetings and activities and to provide information on specific issues related to transportation planning. b. Print Display Ads – Used to advertise public meetings and review and comment periods for transportation plans and projects. Display ads are published in area newspapers and distributed at public facilities throughout the ARTS area. c. Fact Sheets and Brochures– Used to provide general information about ARTS plans and programs, such as the LRTP, TIP and Unified Planning Work Program. Fact sheets available in print and electronic format. Brochures will be used to provide summary information about ARTS and its transportation planning activities. d. Direct Mailings – Used to advertise public meetings and review and comment periods for transportation plans and projects, or to provide information to a targeted area. e. ARTS Newsletter – A quarterly publication used to provide information on transportation issues, projects, documents, contacts and resources. f. ARTS Website – Used to display general information about ARTS, copies of major ARTS transportation documents, committee meeting schedules, agendas and minutes, project updates and the ARTS APDD – Internal Use Only 34 ARTS/MPO Title VI Plan Newsletter. The website is also used to advertise public meetings and review and comment periods for transportation plans and projects. g. Speaking Engagements – The MPO shall make staff available to speak to civic groups, neighborhood associations and other interested parties about ARTS transportation planning and projects. PUBLIC INPUT OBJECTIVE: To obtain meaningful and diverse input from the general public and other interested parties on regional transportation needs, plans, programs and activities. Inherent in this objective is the MPO’s responsibility to provide timely response to public input, to document the input, and to recommend changes / amendments to plans based on public comments and suggestions. Public Input Strategies 1. Identify Interested Parties – An interested party or stakeholder is defined as any person or group that is affected by a transportation plan, program or project, including those who may not be aware that they are affected. Stakeholders may include the general public; environmental; health, neighborhood, citizen and civic organizations; traditionally underserved communities such as people with disabilities, low income, and racial/ethnic minorities, as well as affected public agencies. 2. Citizens Advisory Committee – The ARTS Citizens Advisory Committee will continue to be a source of ongoing input on behalf of the general public. Efforts will be made to ensure that the committee membership reflects the diverse needs and interests of the region. 3. ARTS Committee Meetings – The ARTS committee meetings will be a regularly-scheduled forum for the discussion of, and updates on regional transportation needs, plans, programs and activities. 4. ARTS Public Meetings – ARTS public meetings will be held in conjunction with the update of the LRTP and the TIP, and the development of any special studies related to regional transportation issues. 5. Comment Cards – Comment cards will be distributed at public meetings to obtain feedback on regional transportation needs, plans, programs and activities. 6. Project Steering Committees – Ad-hoc committees will be used as needed to coordinate and participate in the completion of special regional transportation studies. Committee members will participate in facilitated meetings / workshops, complete surveys and provide input during all phases of the study (e.g. needs assessment, background research, setting goals, objectives and strategies, identifying projects). Project steering committees have been used effectively on past special studies. 7. Surveys – Surveys will be used to obtain information from the general public and other stakeholders. APDD – Internal Use Only 35 ARTS/MPO Title VI Plan 8. Visualization Techniques – The MPO will use GIS maps, sketches, drawings and similar tools at public meetings to both convey information and elicit public input about transportation plans and projects. 9. Project Web Pages – Project web pages will be used in conjunction with special studies to provide information and elicit input on the planning process, project schedule and project updates. Project web pages may include surveys and comment cards. EVALUATION OF PARTICIPATION PLAN OBJECTIVE: To continually evaluate the effectiveness of the strategies, tools and techniques used as part of the Participation Plan. The desired outcomes include increased public involvement in, and awareness of, the regional transportation planning process, and the use of tool and techniques that generate increased public input in regional transportation plans and programs. Evaluation Strategies – The MPO will use the following mix of quantitative and qualitative criteria to evaluate the effectiveness of public participation tools and techniques used in the regional transportation planning process. The table included as Appendix F summarizes how these criteria apply to the various public participation tools and techniques used by ARTS. 1. Number of phone calls, letters and e-mails received inquiring about specific projects and scheduled public meetings, or requesting more information about the regional transportation planning process. 2. Number of people attending public meetings on the LRTP, TIP or an ARTS special study project. 3. Number of issues / concerns expressed by the Citizens Advisory Committee and the response to, or change resulting from, the issue or concern. 4. Number of newspaper articles / television interviews generated by press releases and other notices to the media. 5. Number or percent of public meeting attendees indicating how they became aware of the meeting (e.g. direct mail, newspaper display ad, television, website, word-of-mouth). 6. Number of “hits” on the ARTS website per month, or number of “hits” on a project specific web page. 7. Number and type of public comments received regarding the LRTP, TIP and special studies projects. 8. Number and type of plan / project changes resulting from public comments. ADOPTION AND AMENDMENT OF PARTICIPATION PLAN 1. The ARTS Participation Plan shall be adopted by the ARTS Policy Committee only after consultation with interested parties, a 45-day public review and comment period, and the consideration of any comments received from the general public and other interested parties. APDD – Internal Use Only 36 ARTS/MPO Title VI Plan 2. Amendments to the ARTS Participation Plan shall be adopted by the ARTS Policy Committee only after consultation with interested parties, a 45-day public review and comment period, and the consideration of any comments received from the general public and other interested parties. 3. Appendices to the Participation Plan include supplemental information, such as comments received about the Participation Plan and a list of locations where ARTS plans are available for public review. Updates to the appendices are not subject to the consultation and public review and comment requirements. Revisions to appendices will be distributed to all ARTS committees, applicable federal, state and local agencies and other interested parties. 4. The ARTS Participation Plan, and any amendments or updates to the plan, will be made available at public facilities throughout the study area, and will also be posted on the ARTS Web site. APDD – Internal Use Only 37 ARTS/MPO Title VI Plan Appendix C MPO Certification CERTIFICATION OF THE AUGUSTA REGIONAL TRANSPORTATION STUDY Be it known to all, the below signees do hereby endorse and certify the Metropolitan Planning Process for the Augusta Regional Transportation Study (ARTS), and further certify that the Metropolitan Planning Process is being conducted in accordance with all applicable requirements of: I. 23 U.S.C. 134, 49 U.S.C. 5305, and this subpart o Agreements are in place to address responsibilities of each MPO for its share of the overall Metropolitan Planning Area (MPA), where multiple Metropolitan Planning Organizations share geographic portions of a Transportation Management Area (TMA). o All major modes of transportation are members of the MPO o Any changes to the MPA boundaries were reflected in the Policy Board representation. o Agreements or memorandums are signed and in place for identification of planning responsibilities among the MPO, GDOT, public transit operator(s), air quality agency(ies), or other agencies involved in the planning process. o Roles and responsibilities are defined for the development of the Long Range Transportation Plan (LRTP), Transportation Improvement Program (TIP), Unified Planning Work Program (UPWP) and other related planning documents. UPWP o The UPWP documents in detail the activities to be performed with Title 23 and the Federal Transit Act. The UPWP activities are developed, selected and prioritized with input from the State and public transit agency(ies). o The UPWP provides funding for the professional development of MPO staff. o The final UPWP is submitted in a timely manner to GDOT with authorization occurring by before the MPO’s fiscal year begins. o Amendments to the UPWP are developed and processed in accordance with procedures outlined in the MPO’s Participation Plan. o Planning activities and status reports are submitted quarterly by the MPO to GDOT. LRTP o The LRTP incorporates a minimum 20-year planning horizon. o The LRTP identifies both long-range and short-range strategies and actions leading to the development of an intermodal transportation system. o The LRTP is fiscally constrained. o The development of the LRTP and the TIP are coordinated with other providers of transportation (e.g. regional airports, maritime port operators) o All of the Moving Ahead for Progress in the 21st Century Act (MAP-21) planning factors were considered in the planning process. APDD – Internal Use Only 38 ARTS/MPO Title VI Plan o The LRTP includes a discussion of types of potential environmental mitigation activities and potential areas to carry out these activities in consultation with federal, state and tribal land management and regulatory agencies. o The Congestion Management Process (CMP) was developed as part of the LRTP in TMA’s. o The MPO approves the LRTP in a timely manner without entering into a planning lapse. o Amendments to the LRTP/STIP/TIP follow the approved Amendment Process. o The MPO approves LRTP amendments in accordance with procedures outlined in the MPO’s Participation Plan. o The transit authority’s planning process is coordinated with the MPO’s planning process. o In non-attainment and maintenance areas the MPO, as well as FHWA and FTA, must make a conformity determination on any updated or amended LRTP in accordance with 40 CFR Part 93. TIP o The TIP is updates at least every 4 years, on a schedule compatible with STIP development. o Each project included in the TIP is consistent with the LRTP. o The MPO, GDOT and the transit operator collaborate on the development of the TIP. o The TIP contains all projects to be funded under Title 23 U.S.C. and Title 49 U.S.C. Chapter 53. o The TIP is financially constrained by year and revenue estimates reflect reasonable assumptions. o The MPO TIP is included in the STIP by reference, without modification. o Amendments to the LRTP/STIP/TIP follow the approved Amendment Process. o In non-attainment and maintenance areas, the MPO as well as the FHWA and FTA must make a conformity determination on any updated or amended TIP in accordance with 40 CFR Part 93. Participation Plan o A 45-day comment period was provided before the Participation Plan process was adopted/revised. o Transportation plans, programs and projects provide timely information about transportation issues and processes to citizens and others who may be affected. o Opportunities are provided for participation for local, State, and federal environmental resource and permit agencies where appropriate. o The public involvement process demonstrates explicit consideration and responsiveness to public input received during the planning and program development process. o The transportation planning process identifies and addresses the needs of those traditionally underserved, including low-income and minority households. o The disposition of comments and changes in the final LRTP and /or TIP are documented and reported when significant comments are submitted. o Additional time is provided if the “final” document is significantly different from the draft originally made for public review. o The MPO undertakes a periodic review of the public involvement process to determine if the process is efficient and provides full an open access for all. CMP (applies to TMAs) o In TMA’s, the planning process includes the development of a CMP that provides for effective management of new and existing transportation facilities through the use of travel APDD – Internal Use Only 39 ARTS/MPO Title VI Plan demand reduction and operational management strategies, thus meeting the requirements of 23 CFR Part 500. o The CMP is fully integrated into the overall metropolitan planning process. o The CMP has established performance measures. o The MPO has a process for periodically evaluating the effectiveness of the CMP. o The CMP is updated on a periodic basis to reevaluate network strategies and projects. o The CMP work activities are included in the UPWP. List of Obligated Projects o The MPO provides a listing for all projects for which funds are obligated each year, including bicycle and pedestrian facilities. o The annual listing is made available to the public via the TIP or the LRTP. II. In non-attainment and maintenance areas, sections 174 and 176(c) and (d) of the Clean Air Act, as amended (42 U.S.C. 7504, 7506(c) and (d)) and 40 CFR part 93 o The MPO’s UPWP incorporates all of the metropolitan transportation-related air quality planning activities addressing air quality goals, including those not funded by FHWA/FTA. o Agreements exist to outline the process for cooperative planning within full nonattainment/maintenance areas that are not designated by the MPO planning area. o The MPO coordinates the development of the LRTP with SIP development and the development of Transportation Control Measures (TCM) if applicable. o The LRTP includes design concept and scope descriptions of all existing and proposed transportation facilities in sufficient detail, regardless of funding source, to permit conformity determinations. o The MPO’s TIP includes all proposed federally and non-federally funded regionally significant transportation projects, including intermodal facilities. o If applicable, the MPO ensures priority programming and expeditious implementation of TCMs from the STIP. III. Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d-1) and 49 CFR part 21 o The MPO has adopted goals, policies, approaches and measurements to address Title VI and related requirements. o The public involvement process is consistent with Title VI of the Civil Rights Act of 1964 and the Title VI assurance execution by the State. o The MPO has processes, procedures, guidelines, and/or policies that address Title VI, ADA, and DBE. o The MPO has a documented policy on how Title VI complaints will be handled. o The MPO has a demographic profile of the metropolitan planning area that includes identification of the locations of protected populations. o As appropriate, the planning process identifies/considers/addresses the needs of protected/traditionally underserved populations (low-income/minority as defined by the U.S. Census Bureau). IV. 49 U.S.C. 5332, prohibiting discrimination on the basis of race, color, creed, national origin, sex, or age in employment of business opportunity APDD – Internal Use Only 40 ARTS/MPO Title VI Plan o The MPO adheres to all requirements prohibiting discrimination against a person under, a project, program, or activity receiving financial assistance under because of race, color, creed, national origin, sex, or age. V. Section 1101(b) of MAP-21 (Pub. L. 112-141) and 49 CFR part 26 regarding the involvement of disadvantaged business enterprises in USDOT funded projects o The GDOT establishes overall goals for the percentage of work to be performed by DBE’s based on the projections of the number and types of federal-aid highway contracts to be awarded and the number and types of DBE’s likely to be available to compete for the contracts. VI. 23 CFR part 230, regarding the implementation of an equal employment opportunity program on Federal and Federal-aid highway construction contracts o The MPO as required by Title VII of the Civil Rights Act of 1964, does not discriminate on employment opportunities based on race, color, religion, sex, or national origin; VII. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and 49 CFR parts 27, 37, and 38 o The MPO as required by 49 U.S.C. 5332 prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity, otherwise known as Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, and U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act,” 49 CFR part 21 at 21.7. VIII. The Older Americans Act, as amended (42 U.S.C. 6101), prohibiting discrimination on the basis of age in programs or activities receiving Federal financial assistance o The MPO has identified strategies and services to meet the needs of older persons’ needs for transportation planning and programming. IX. Section 324 of title 23 U.S.C. regarding the prohibition of discrimination based on gender o The MPO adheres to the Act on Equality between women and men and prohibits both direct and indirect discrimination based on gender. o The MPO adheres to the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination; X. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and 49 CFR part 27 regarding discrimination against individuals with disabilities. o The MPO adheres to Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibits employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments APDD – Internal Use Only 41 ARTS/MPO Title VI Plan APDD – Internal Use Only 42 ARTS/MPO Title VI Plan Appendix D Title VI Demographics APDD – Internal Use Only Title VI PLAN 43 | Page APDD – Internal Use Only Title VI PLAN 44 | Page APDD – Internal Use Only Title VI PLAN 45 | Page Appendix E Public Transit Maps APDD – Internal Use Only Title VI PLAN 46 | Page APDD – Internal Use Only Title VI PLAN 47 | Page APDD – Internal Use Only Title VI PLAN 48 | Page Appendix F Limited English Proficiency (LEP) Plan APDD – Internal Use Only Title VI PLAN 49 | Page Introduction The purpose of this Limited English Proficiency policy guidance is to clarify the responsibilities of recipients of Federal financial assistance from the U.S. Department of Transportation (“DOT”) and assist them in fulfilling their responsibilities to Limited English Proficient (hereinafter “LEP”) persons, pursuant to Title VI of the Civil Rights Act of 1964 and implementing regulations. It was prepared in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq., and its implementing regulations provide that no person shall be subjected to discrimination on the basis of race, color, or national origin under any program or activity that receives federal financial assistance, and; Executive Order 13166 Executive Order 13166 “Improving Access to Services for Persons With Limited English Proficiency,'' reprinted at 65 FR 50121 (August 16, 2000), directs each Federal agency that is subject to the requirements of Title VI to publish guidance for its respective recipients clarifying that obligation. Executive Order 13166 further directs that all such guidance documents be consistent with the compliance standards and framework detailed in the Department of Justice's (“DOJ”) Policy Guidance entitled “Enforcement of Title VI of the Civil Rights Act of 1964--National Origin Discrimination Against Persons With Limited English Proficiency.'' (See 65 FR 50123, August 16, 2000 DOJ's General LEP Guidance). Different treatment based upon a person’s inability to speak, read, write, or understand English may be a type of national origin discrimination. Executive Order 13166 applies to all federal agencies and all programs and operations of entities that receive funding from the federal government, including state agencies, local agencies such as the Augusta Public Transit (APT) and governments, private and non-profit entities, and subrecipients. Plan Summary ARTS has developed this Limited English Proficiency Plan (LEP) to help identify reasonable steps to provide language assistance for LEP persons seeking meaningful access to ARTS service area as required by Executive Order 13166. A Limited English Proficiency person is one who does not speak English as their primary language and who has a limited ability to read, speak, write, or understand English. This plan details procedures on how to identify a person who may need language assistance, the ways in which assistance may be provided, training staff, how to notify LEP persons that assistance is available, and information for future plan updates. In developing the plan while determining the extent of obligation to provide LEP services, Augusta, Georgia through Augusta Public Transit undertook a U.S. Department of Transportation four factor LEP analysis which considers the following: 1) The number or proportion of LEP persons eligible in the APT service area who maybe served or likely to encounter an APT program, activity, or service; 2) the frequency with which LEP individuals come in contact with an APT services; 3) the nature and APDD – Internal Use Only Title VI PLAN 50 | Page importance of the program, activity or service provided by the APT to the LEP population; and 4) the resources available to the APT and overall costs to provide LEP assistance. A brief description of these considerations is provided in the following section. Four Factor Analysis 1) Number and Proportion of (LEP) Persons Served or Encountered in the Service Area Population: The City of Augusta, Georgia, through Augusta Public Transit (APT), has examined the information posted from the U.S. Census Bureau’s report of 2010 on Richmond County, Georgia. As can be seen from the table at the end of this analysis, the area then had and may still have 181,028 persons altogether, including 2,896 persons (1.6% of the total population) who said they spoke English “less than very well”. Of these LEP persons, 4,015 (2.2% of the total population) were listed as speaking Spanish, while the remainder spoke German, French, Korean, Chinese, Arabic, Gujarathi, Vietnamese, Japanese, Persian, Thai, or Portuguese. 2) Frequency in Which LEP Persons Come into Contact with the Program: APT has never had a request for an interpreter. Supervisors report having little to no contact with LEP individuals who make themselves known by requesting assistance. Of the few requesting assistance, most are Hispanics. Supervisors say they have been able to handle questions by pointing to or writing down schedule information. Two supervisors have reported helping an LEP Asian Indian gentleman by phoning his wife or a friend, both of whom could function as an interpreter. 3) Nature or Importance of the Program: The parts of Richmond County served by APT include hospitals, schools, stores, libraries, parks, community centers, recreation facilities, government buildings, and numerous businesses (e.g., hotels) where LEP individuals may work. The Hispanic Community (5,560 persons or 3% of the total population) constitutes the largest non-English group. (According to census tracts, Hispanics make up 2.17% of the population where APT provides route service.) APT has reached out to LEP members of this group by printing brochures and maps in Spanish and by advertising in Hola Augusta, the area’s monthly Hispanic newspaper. 4) Resources Available and Cost: To assess the available resources, APT has identified and contacted local individuals who are willing and able to interpret or translate for LEP Hispanics, and has learned of their fees. APT is exploring the feasibility of using the telephonic interpreting services of Language Line (www.languageline.com) to assist non-Hispanic LEP persons, and has contacted the East Central APDD – Internal Use Only Title VI PLAN 51 | Page Georgia Regional Library about assembling a list of local organizations that can help with reaching and assisting current and potential LEP riders. The area’s LEP population is not large enough to warrant a full LEP plan; nevertheless, as funds become available, APT plans to produce more information in Spanish, as needed. APT is asking employees and supervisors to report their encounters with LEP persons. How to Identify an LEP Person who Needs Language Assistance Below are tools to help identify persons who may need language assistance: 1) Examine records requests for language assistance from past meetings and events to anticipate the possible need for assistance at upcoming meetings; 2) When APT sponsored workshops or conferences are held, set up a sign-in sheet table, have a staff member greet and briefly speak to each attendee. To informally gage the attendee’s ability to speak and understand English, ask a question that requires a full sentence reply; 3) Have the Census Bureau’s “I Speak Cards” at the workshop or conference sign-in sheet table. While staff may not be able to provide translation assistance at this meeting, the cards are an excellent tool to identify language needs for future meetings. Also, have the cards available at the APT Customer Service Area; and 4) Survey drivers and other first line staff on an annual basis at the beginning of each fiscal year regarding their experience on having any direct or indirect contact with LEP individuals. Language Assistance Measures APT has or will implement the following LEP procedures. The creation of these steps are based on the very low percentage of persons speaking other languages or not speaking English at least “well,” and the lack of resources available in the APT service area: 1) Census Bureau’s “I Speak Cards” are to be located at the Customer Service window in the Transit Facility at all times. 2) When an interpreter is needed, in person or on the telephone, and the APT staff has exhausted the above options, staff will first attempt to determine what language is required. Staff shall use the telephone interpreter service – Language Line Services at http://www.languageline.com. On the Language Line home page the staff will select the Need an Interpreter Now link and follow the directions to receive and access code. APT Staff Training APDD – Internal Use Only Title VI PLAN 52 | Page All APT staff will be provided with the LEP Plan and will be educated on procedures to follow. This information will also be part of the APT staff orientation process for new hires. Training topics are listed below: 1) Understanding the Title VI policy and LEP responsibilities; 2) What language assistance services the APT offers; 3) Use of LEP “I Speak Cards”; 4) How to use the Language Line interpretation and translation services; 5) Documentation of language assistance requests; 6) How to handle a Title VI and/or LEP complaint (See Appendix B) Outreach Techniques APT does not have a formal practice of outreach techniques due to the lack of resources available in the service area. However, the following are a few options that APT will incorporate when and/or if the need arises for LEP outreach: 1) If staff knows that they will be presenting a topic that could be of potential importance to an LEP person or if staff will be hosting a meeting or a workshop in a geographic location with a known concentration of LEP persons, meeting notices, fliers, advertisements, and agendas will be printed in an alternative language, based on known LEP population in the area. 2) When running a general public meeting notice, staff will insert the clause, based on the LEP population and when relevant, that translates into “A (insert alternative Language) translator will be available”. For example: “Un traductor del idioma español estará disponible” This means “A Spanish translator will be available”. 3) Key print materials, including but not limited to maps and (schedules in the future) will be translated and made available at the APT Transit Center, on board vehicles and in communities when a specific and concentrated LEP population is identified. Monitoring and Updating the LEP Plan This plan is designed to be flexible and is one that can be easily updated. At a minimum, APT will follow the Title VI Program update schedule for the LEP Plan. Each update should examine all plan components such as: 1) How many LEP persons were encountered? 2) Were their needs met? 3) What is the current LEP population in APT service area? 4) Has there been a change in the types of languages where translation services are needed? 5) Is there still a need for continued language assistance for previously identified APT programs? Are there other programs that should be included? APDD – Internal Use Only Title VI PLAN 53 | Page 6) Have APT’s available resources, such as technology, staff, and financial costs changed? 7) Has the APT fulfilled the goals of the LEP Plan? 8) Were any complaints received? Dissemination of the APT Limited English Proficiency Plan APT will include the LEP plan on the APT website (www.augustaga.gov) together with its Title IV Policy and Complaint Procedures. The APT’s Notice of Rights under Title VI to the public posted in the APT Transfer Facility, on all APT vehicles, and in selected printed materials also refers to the LEP Plan’s availability. Any person, including social service, non-profit, and law enforcement agencies and other community partners with internet access will be able to access the plan. Copies of the LEP Plan will be provided, on request, to any person(s) requesting the document via phone, in person, by mail or email. LEP persons may obtain copies/translations of the plan upon request. Any questions or comments regarding this plan should be directed to the Augusta Public Transit Contract Manager Sharon Dottery Augusta Public Transit (APT) 1535 Fenwick Street Augusta, GA 30904 Phone: 706-821-1721 Fax: 706-821-1752 Email: sdottery@augustaga.gov APDD – Internal Use Only Title VI PLAN 54 | Page S1601: LANGUAGE SPOKEN AT HOME Subject Augusta-Richmond County consolidated government (balance), Georgia Total Percent of specified language speakers Speak English "very well" Speak English less than "very well" Estimate Margin of Error Estimate Margin of Error Estimate Margin of Error Population 5 years and over 181,028 +/-1,867 98.4% +/-0.5 1.6% +/-0.5 Speak only English 95.2% +/-1.0 (X) (X) (X) (X) Speak a language other than English 4.8% +/-1.0 65.9% +/-9.7 34.1% +/-9.7 Spanish or Spanish Creole 2.2% +/-0.7 56.5% +/-16.0 43.5% +/-16.0 Other Indo-European languages 1.5% +/-0.6 80.5% +/-11.2 19.5% +/-11.2 Asian and Pacific Island languages 0.8% +/-0.4 57.6% +/-26.0 42.4% +/-26.0 Other languages 0.3% +/-0.2 83.2% +/-17.7 16.8% +/-17.7 SPEAK A LANGUAGE OTHER THAN ENGLISH Spanish or Spanish Creole 4,015 +/-1,218 56.5% +/-16.0 43.5% +/-16.0 5-17 years 403 +/-386 100.0% +/-37.5 0.0% +/-37.5 18-64 years 2,973 +/-869 58.5% +/-22.0 41.5% +/-22.0 65 years and over 639 +/-380 20.2% +/-26.5 79.8% +/-26.5 Other Indo-European languages 2,760 +/-1,061 80.5% +/-11.2 19.5% +/-11.2 5-17 years 409 +/-416 58.9% +/-49.7 41.1% +/-49.7 18-64 years 1,786 +/-796 82.6% +/-11.5 17.4% +/-11.5 65 years and over 565 +/-353 89.2% +/-14.1 10.8% +/-14.1 Asian and Pacific Island languages 1,411 +/-739 57.6% +/-26.0 42.4% +/-26.0 5-17 years 95 +/-166 0.0% +/-77.3 100.0% +/-77.3 18-64 years 1,039 +/-666 69.8% +/-27.8 30.2% +/-27.8 65 years and over 277 +/-160 31.8% +/-30.4 68.2% +/-30.4 Other languages 542 +/-432 83.2% +/-17.7 16.8% +/-17.7 APDD – Internal Use Only Title VI PLAN 55 | Page 5-17 years 0 +/-225 - ** - ** 18-64 years 503 +/-423 81.9% +/-19.3 18.1% +/-19.3 65 years and over 39 +/-65 100.0% +/-100.0 0.0% +/-100.0 CITIZENS 18 YEARS AND OVER All citizens 18 years and over 143,849 +/-2,128 98.7% +/-0.4 1.3% +/-0.4 Speak only English 96.0% +/-1.1 (X) (X) (X) (X) Speak a language other than English 4.0% +/-1.1 68.5% +/-8.5 31.5% +/-8.5 Spanish or Spanish Creole 2.1% +/-0.7 60.7% +/-12.1 39.3% +/-12.1 Other languages 2.0% +/-0.7 76.7% +/-11.4 23.3% +/-11.4 PERCENT IMPUTED Language status 4.9% (X) (X) (X) (X) (X) Language status (speak a language other than English) 6.1% (X) (X) (X) (X) (X) Ability to speak English 5.1% (X) (X) (X) (X) (X) Page 1 of 9 AUGUSTA PUBLIC TRANSIT Limited English Proficiency (LEP) Plan Page 2 of 9 Limited English Proficient (LEP) Persons Assessment An assessment of Richmond Counties Limited English Speaking Population was performed for the year 2009. According to the 2010 Census, the percentage of population age 5 or over that speaks English less than very well in Richmond County is 1.6 percent. The corresponding number for the State of Georgia is 3.32 percent. The majority of those who do speak English less than very well in Richmond County are Spanish. Implementation Plan Augusta, Georgia has implemented the following plan to address the growing needs of our Limited English Proficient Persons in Augusta-Richmond County: • Augusta Public Transit (“APT”) publishes its system map in Spanish. • APT has notified the Limited English Proficient (“LEP”) population of the availability of these services through its web page. Page 3 of 9 Limited English Proficiency Plan Introduction The purpose of this Limited English Proficiency policy guidance is to clarify the responsibilities of recipients of Federal financial assistance from the U.S. Department of Transportation (“DOT”) and assist them in fulfilling their responsibilities to Limited English Proficient (hereinafter “LEP”) persons, pursuant to Title VI of the Civil Rights Act of 1964 and implementing regulations. It was prepared in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq., and its implementing regulations provide that no person shall be subjected to discrimination on the basis of race, color, or national origin under any program or activity that receives federal financial assistance, and; Executive Order 13166 Executive Order 13166 “Improving Access to Services for Persons With Limited English Proficiency,'' reprinted at 65 FR 50121 (August 16, 2000), directs each Federal agency that is subject to the requirements of Title VI to publish guidance for its respective recipients clarifying that obligation. Executive Order 13166 further directs that all such guidance documents be consistent with the compliance standards and framework detailed in the Department of Justice's (“DOJ”) Policy Guidance entitled “Enforcement of Title VI of the Civil Rights Act of 1964-- National Origin Discrimination Against Persons With Limited English Proficiency.'' (See 65 FR 50123, August 16, 2000 DOJ's General LEP Guidance). Different treatment based upon a person’s inability to speak, read, write, or understand English may be a type of national origin discrimination. Executive Order 13166 applies to all federal agencies and all programs and operations of entities that receive funding from the federal government, including state agencies, local agencies such as the Augusta Public Transit (APT) and governments, private and non-profit entities, and subrecipients. Plan Summary Augusta, Georgia has developed this Limited English Proficiency Plan (LEP) to help identify reasonable steps to provide language assistance for LEP persons seeking meaningful access to Augusta Public Transit services as required by Executive Order 13166. A Limited English Proficiency person is one who does not speak English as their primary language and who has a limited ability to read, speak, write, or understand English. This plan details procedures on how to identify a person who may need language assistance, the ways in which assistance may be provided, training staff, how to notify LEP persons that assistance is available, and information for future plan updates. Page 4 of 9 In developing the plan while determining the extent of obligation to provide LEP services, Augusta, Georgia through Augusta Public Transit undertook a U.S. Department of Transportation four factor LEP analysis which considers the following: 1) The number or proportion of LEP persons eligible in the APT service area who maybe served or likely to encounter an APT program, activity, or service; 2) the frequency with which LEP individuals come in contact with an APT services; 3) the nature and importance of the program, activity or service provided by the APT to the LEP population; and 4) the resources available to the APT and overall costs to provide LEP assistance. A brief description of these considerations is provided in the following section. Four Factor Analysis 1) Number and Proportion of (LEP) Persons Served or Encountered in the Service Area Population: The City of Augusta, Georgia, through Augusta Public Transit (APT), has examined the information posted from the U.S. Census Bureau’s report of 2010 on Richmond County, Georgia. As can be seen from the table at the end of this analysis, the area then had and may still have 181,028 persons altogether, including 2,896 persons (1.6% of the total population) who said they spoke English “less than very well”. Of these LEP persons, 4,015 (2.2% of the total population) were listed as speaking Spanish, while the remainder spoke German, French, Korean, Chinese, Arabic, Gujarathi, Vietnamese, Japanese, Persian, Thai, or Portuguese. 2) Frequency in Which LEP Persons Come into Contact with the Program: APT has never had a request for an interpreter. Supervisors report having little to no contact with LEP individuals who make themselves known by requesting assistance. Of the few requesting assistance, most are Hispanics. Supervisors say they have been able to handle questions by pointing to or writing down schedule information. Two supervisors have reported helping an LEP Asian Indian gentleman by phoning his wife or a friend, both of whom could function as an interpreter. 3) Nature or Importance of the Program: The parts of Richmond County served by APT include hospitals, schools, stores, libraries, parks, community centers, recreation facilities, government buildings, and numerous businesses (e.g., hotels) where LEP individuals may work. The Hispanic Community (5,560 persons or 3% of the total population) constitutes the largest non-English group. (According to census tracts, Hispanics make up 2.17% of the population where APT provides route service.) APT has reached out to LEP members of this group by printing brochures and maps in Spanish and by advertising in Hola Augusta, the area’s monthly Hispanic newspaper. Page 5 of 9 4) Resources Available and Cost: To assess the available resources, APT has identified and contacted local individuals who are willing and able to interpret or translate for LEP Hispanics, and has learned of their fees. APT is exploring the feasibility of using the telephonic interpreting services of Language Line (www.languageline.com) to assist non-Hispanic LEP persons, and has contacted the East Central Georgia Regional Library about assembling a list of local organizations that can help with reaching and assisting current and potential LEP riders. The area’s LEP population is not large enough to warrant a full LEP plan; nevertheless, as funds become available, APT plans to produce more information in Spanish, as needed. APT is asking employees and supervisors to report their encounters with LEP persons. How to Identify an LEP Person who Needs Language Assistance Below are tools to help identify persons who may need language assistance: 1) Examine records requests for language assistance from past meetings and events to anticipate the possible need for assistance at upcoming meetings; 2) When APT sponsored workshops or conferences are held, set up a sign-in sheet table, have a staff member greet and briefly speak to each attendee. To informally gage the attendee’s ability to speak and understand English, ask a question that requires a full sentence reply; 3) Have the Census Bureau’s “I Speak Cards” at the workshop or conference sign-in sheet table. While staff may not be able to provide translation assistance at this meeting, the cards are an excellent tool to identify language needs for future meetings. Also, have the cards available at the APT Customer Service Area; and 4) Survey drivers and other first line staff on an annual basis at the beginning of each fiscal year regarding their experience on having any direct or indirect contact with LEP individuals. Language Assistance Measures APT has or will implement the following LEP procedures. The creation of these steps are based on the very low percentage of persons speaking other languages or not speaking English at least “well,” and the lack of resources available in the APT service area: 1) Census Bureau’s “I Speak Cards” are to be located at the Customer Service window in the Transit Facility at all times. 2) When an interpreter is needed, in person or on the telephone, and the APT staff has exhausted the above options, staff will first attempt to determine what language is required. Staff shall use the telephone interpreter service – Language Line Services at http://www.languageline.com. On the Language Line home page the staff will select the Need an Interpreter Now link and follow the directions to receive and access code. Page 6 of 9 APT Staff Training All APT staff will be provided with the LEP Plan and will be educated on procedures to follow. This information will also be part of the APT staff orientation process for new hires. Training topics are listed below: 1) Understanding the Title VI policy and LEP responsibilities; 2) What language assistance services the APT offers; 3) Use of LEP “I Speak Cards”; 4) How to use the Language Line interpretation and translation services; 5) Documentation of language assistance requests; 6) How to handle a Title VI and/or LEP complaint (See Appendix B) Outreach Techniques APT does not have a formal practice of outreach techniques due to the lack of resources available in the service area. However, the following are a few options that APT will incorporate when and/or if the need arises for LEP outreach: 1) If staff knows that they will be presenting a topic that could be of potential importance to an LEP person or if staff will be hosting a meeting or a workshop in a geographic location with a known concentration of LEP persons, meeting notices, fliers, advertisements, and agendas will be printed in an alternative language, based on known LEP population in the area. 2) When running a general public meeting notice, staff will insert the clause, based on the LEP population and when relevant, that translates into “A (insert alternative Language) translator will be available”. For example: “Un traductor del idioma español estará disponible” This means “A Spanish translator will be available”. 3) Key print materials, including but not limited to maps and (schedules in the future) will be translated and made available at the APT Transit Center, on board vehicles and in communities when a specific and concentrated LEP population is identified. Monitoring and Updating the LEP Plan This plan is designed to be flexible and is one that can be easily updated. At a minimum, APT will follow the Title VI Program update schedule for the LEP Plan. Each update should examine all plan components such as: 1) How many LEP persons were encountered? Page 7 of 9 2) Were their needs met? 3) What is the current LEP population in APT service area? 4) Has there been a change in the types of languages where translation services are needed? 5) Is there still a need for continued language assistance for previously identified APT programs? Are there other programs that should be included? 6) Have APT’s available resources, such as technology, staff, and financial costs changed? 7) Has the APT fulfilled the goals of the LEP Plan? 8) Were any complaints received? Dissemination of the APT Limited English Proficiency Plan APT will include the LEP plan on the APT website (www.augustaga.gov) together with its Title IV Policy and Complaint Procedures. The APT’s Notice of Rights under Title VI to the public posted in the APT Transfer Facility, on all APT vehicles, and in selected printed materials also refers to the LEP Plan’s availability. Any person, including social service, non-profit, and law enforcement agencies and other community partners with internet access will be able to access the plan. Copies of the LEP Plan will be provided, on request, to any person(s) requesting the document via phone, in person, by mail or email. LEP persons may obtain copies/translations of the plan upon request. Any questions or comments regarding this plan should be directed to the Augusta Public Transit Contract Manager Sharon Dottery Augusta Public Transit (APT) 1535 Fenwick Street Augusta, GA 30904 Phone: 706-821-1721 Fax: 706-821-1752 Email: sdottery@augustaga.gov Page 8 of 9 S1601: LANGUAGE SPOKEN AT HOME Subject Augusta-Richmond County consolidated government (balance), Georgia Total Percent of specified language speakers Speak English "very well" Speak English less than "very well" Estimate Margin of Error Estimate Margin of Error Estimate Margin of Error Population 5 years and over 181,028 +/-1,867 98.4% +/-0.5 1.6% +/-0.5 Speak only English 95.2% +/-1.0 (X) (X) (X) (X) Speak a language other than English 4.8% +/-1.0 65.9% +/-9.7 34.1% +/-9.7 Spanish or Spanish Creole 2.2% +/-0.7 56.5% +/-16.0 43.5% +/-16.0 Other Indo-European languages 1.5% +/-0.6 80.5% +/-11.2 19.5% +/-11.2 Asian and Pacific Island languages 0.8% +/-0.4 57.6% +/-26.0 42.4% +/-26.0 Other languages 0.3% +/-0.2 83.2% +/-17.7 16.8% +/-17.7 SPEAK A LANGUAGE OTHER THAN ENGLISH Spanish or Spanish Creole 4,015 +/-1,218 56.5% +/-16.0 43.5% +/-16.0 5-17 years 403 +/-386 100.0% +/-37.5 0.0% +/-37.5 18-64 years 2,973 +/-869 58.5% +/-22.0 41.5% +/-22.0 65 years and over 639 +/-380 20.2% +/-26.5 79.8% +/-26.5 Other Indo-European languages 2,760 +/-1,061 80.5% +/-11.2 19.5% +/-11.2 5-17 years 409 +/-416 58.9% +/-49.7 41.1% +/-49.7 18-64 years 1,786 +/-796 82.6% +/-11.5 17.4% +/-11.5 65 years and over 565 +/-353 89.2% +/-14.1 10.8% +/-14.1 Asian and Pacific Island languages 1,411 +/-739 57.6% +/-26.0 42.4% +/-26.0 5-17 years 95 +/-166 0.0% +/-77.3 100.0% +/-77.3 18-64 years 1,039 +/-666 69.8% +/-27.8 30.2% +/-27.8 65 years and over 277 +/-160 31.8% +/-30.4 68.2% +/-30.4 Other languages 542 +/-432 83.2% +/-17.7 16.8% +/-17.7 5-17 years 0 +/-225 - ** - ** 18-64 years 503 +/-423 81.9% +/-19.3 18.1% +/-19.3 65 years and over 39 +/-65 100.0% +/-100.0 0.0% +/-100.0 CITIZENS 18 YEARS AND OVER All citizens 18 years and over 143,849 +/-2,128 98.7% +/-0.4 1.3% +/-0.4 Speak only English 96.0% +/-1.1 (X) (X) (X) (X) Speak a language other than English 4.0% +/-1.1 68.5% +/-8.5 31.5% +/-8.5 Spanish or Spanish Creole 2.1% +/-0.7 60.7% +/-12.1 39.3% +/-12.1 Other languages 2.0% +/-0.7 76.7% +/-11.4 23.3% +/-11.4 PERCENT IMPUTED Language status 4.9% (X) (X) (X) (X) (X) Language status (speak a language other than English) 6.1% (X) (X) (X) (X) (X) Ability to speak English 5.1% (X) (X) (X) (X) (X) Page 9 of 9 PAGE LEFT BLANK INTENTIONALLY S a v a n n a h R i v e r Fort Gordon North Range Rd North Range Rd 37Th St37Th St Garcia Dr Garcia Dr Poplar St Poplar St Rose Dr Rose Dr Academic Dr Academic Dr Story Dr Story Dr Apple Ct Apple Ct 2Nd Ave 2Nd Ave 32Nd St 32Nd St Brainard Ave Brainard Ave 28Th St 28Th St 29Th St 29Th St 26Th St 26Th St 27Th St 27Th St Brainard AveBrainard Ave Lane AveLane Ave Barnes AveBarnes Ave Chamberlain AveChamberlain Ave Pecan CtPecan Ct East Hospital Rd East Hospital Rd Birc h Ct Birch Ct 36T h S t36Th S t 25Th St 25Th St Gardenia Ct Gardenia Ct Quince CtQuince Ct B StB St 7Th Ave 7Th Ave 7Th Aly 7Th Aly 45Th St45Th St Pine StPine St Lake View Dr Lake View Dr Ging e r Ct Gi nge r C t North Hospital Rd North Hospital Rd Rice Dr Rice Dr 3Rd Ave 3Rd Ave Rice Rd Rice Rd Kilbourne St Kilbourne St Lilac Ct Lilac Ct Wrightsboro RdWrightsboro Rd Broad St Broad St Furys Ferry Rd Furys Ferry Rd PPlleeaassaannttHHoommeeRRdd MMoorrnniinngg ss ii dd ee DD rr RRiicchhmmoonnddHHiillllRRdd DDoouuggBBaarrnnaarrddPPkkwwyy RReeyynnoollddssSSttWalton WayWalton Way East Boundary St East Boundary St Lumpkin RdLumpkin Rd Wrightsboro RdWrightsboro Rd W alto n W a y E xt W alt o n W a y E x t MM oo llll yy PP oo nn dd RR dd Old Savannah Rd Old Savannah Rd Milledgeville RdMilledgeville Rd Druid Park Ave Druid Park Ave Wheeler RdWheeler Rd Gordon Hw yGordon H wy Fifteenth St Fifteenth St CC eennttrraallAAvvee SStteevveennssCCrreeeekk RR dd Washington Rd Washington Rd Washington RdWashington Rd 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TTrroouuppeeSStt FFiifftthhSStt DDaavviissRRdd TTwwiigg ggssSStt Gordon HwyGordon Hwy SSkkiinnnneerrMMiillllRRdd GGoorrddoonnHHwwyy SSaannddBBaarrFFeerrrryyRRdd WWrriigghhttssbboorroo RRdd M ar vin G r iffin R dMarvin G riffi n R d BBeerrcckkmmaannssRRdd WWhheeeelleerrRRdd Flowing Wells Rd Flowing Wells Rd RR ii vv ee rr ww aatt cc hh PP kk ww yy G ord o n H w yGordon H w y De a ns Brid ge R d D e an s Bridg e R d John C Calhoun Expy John C Calhoun Expy Lumpkin Rd Lumpkin Rd JJiimmmmiiee DDyyee ss ss PP kk wwyy In te r s ta te 20 O f rpInterstate 2 0 O frp Old Tobacco Rd Old Tobacco Rd Bobby Jones Expy Onrp Bobby Jones Expy Onrp Interstate 20 Onrp Interstate 20 Onrp Bobby Jones Expy OfrpBobby Jones Expy Ofrp Bobby Jones Expy Onrp Bobby Jones Expy Onrp Bobby Jones Expy Onrp Bobby Jones Expy Onrp In t e rsta t e 2 0 E BInterstate 2 0 E B BBoobbbbyy JJ oo nn ee ss EE xx pp yy Interstate 20 Ofrp Interstate 2 0 Ofrp RRiivv eerr ww aattcchh PPkk ww yy Bobby Jones Expy Bobby Jones Expy BB oobbbbyyJJoonneessEExx ppyy Interstate 20 E B Interstate 20 E B B o bb y Jo n es E x py B ob by Jo ne s Exp y In te r s ta te 2 0 W BInterstate 2 0 W B BBoobbbbyyJJoonneessEExxppyy §¨¦520 §¨¦520 §¨¦20 TRACT:TRACT:110110 TRACT:TRACT:107.09107.09 TRACT:TRACT:101.06101.06 TRACT:TRACT:107.07107.07 TRACT:TRACT:107.11107.11 TRACT:TRACT:105.12105.12 TRACT:TRACT:107.08107.08 TRACT:TRACT:105.13105.13 TRACT:TRACT:101.07101.07 TRACT:TRACT:16.0116.01 TRACT:TRACT:16.0216.02 TRACT:TRACT:105.09105.09 TRACT:TRACT:108108 TRACT:TRACT:105.08105.08 TRACT:TRACT:105.07105.07 TRACT:TRACT:105.10105.10 TRACT:TRACT:105.06105.06 TRACT:TRACT:101.05101.05 TRACT:TRACT:102.01102.01 TRACT:TRACT:105.04105.04 TRACT:TRACT:101.01101.01 TRACT:TRACT:101.04101.04 TRACT:TRACT:102.03102.03 TRACT: 10TRACT: 10 TRACT: 14TRACT: 14 TRACT:TRACT:105.11105.11 TRACT:TRACT:103103 TRACT:TRACT:106106 TRACT: 7TRACT: 7 TRACT: 15TRACT: 15 TRACT:TRACT:104104 TRACT: 6TRACT: 6 TRACT:TRACT:102.04102.04 TRACT: 3TRACT: 3 TRACT: 1TRACT: 1 TRACT: 11TRACT: 11 TRACT: 12TRACT: 12 TRACT: 13TRACT: 13 TRACT: 2TRACT: 2 TRACT: 9TRACT: 9 U10 U1 U8 U2 U7 U5 U5 U5 U6 U4U6 U3 U9 U1 U3 U9 U4 U2 U7 U8 U6 U5 U8 U4 U5 U9 U1 U5 U7 Transit Routes with Census Tracts Bus Routes1 2 3 4 5 6 7 8 910 Document Path: B:\001_GISMaps\002_Internal\Transit\BusRoutesCensusTrcts_Feb2015.mxd Produced By:City of AugustaInformation Technolgy Department - GIS Division525 Telfair Street, 3rd FloorAugusta, GA 309012/17/2015 chanti Augusta, GA Disclaimer The data represented on this map has been compiled by the best methods available. Accuracy is contingent upon the sourceinformation as compiled by various agencies and departments both internal and external to the consolidated government ofAugusta, GA. Augusta, GA and the companies contracted to develop these data assume no legal responsibilities for theinformation or accuracy contained on this map. It is strictly forbidden to sell or reproduce these maps or data for any reasonwithout the written consent of the Augusta-Richmond County Commission. 1 AUGUSTA PUBLIC TRANSIT TITLE VI PROGRAM UPDATE Prepared For: The Federal Transit Administration Prepared By: Sharon Dottery, Transit Contract Manager Augusta Public Transit March, 2015 2 AUGUSTA PUBLIC TRANSIT TITLE VI PROGRAM CHAPTER I: CIRCULAR INFORMATION Augusta Public Transit (hereinafter “APT”), as a department of the City of Augusta, Georgia is responding to applicable chapters of Circular FTA C 4702.1A, dated May 13, 2007. CHAPTER II: OVERVIEW AND OBJECTIVES The City of Augusta, Georgia, through its operation and management of APT, makes every effort to ensure that transportation services are provided at a consistent level and quality to everyone without regard to race, color, or national origin. Through its planning process, the City has reviewed social and economic effects of programs and activities on minority populations and low-income populations and has targeted service to the extent possible to these areas. Through public hearings and various other meetings, as well as through presentations to public groups, the City has promoted full and fair participation of all affected populations in transportation decision-making. On occasion, members of the minority and low-income population have called or visited APT’s office in order to request service maps and make recommendations as to pockets of the population which could be better served. As a result, routes have been modified to include those pockets of low-income residents while maintaining an effective and on-time transit route. The City has made all possible efforts to prevent the denial, reduction, or delay in benefits related to programs and activities that benefit minority populations or low-income populations, particularly in service to disabled riders. APT’s staff includes a full-time ADA Coordinator who assists riders with identifying and obtaining the most practical services available. Though limited in meaningful access to programs and activities by persons with limited English Proficiency, APT uses the local media, especially the Spanish-English newspaper Hola Augusta, to apprise customers of changes in transportation programs and services. At Hola Augusta, notices and advertisements about changes, forums, or meetings are translated into Spanish. According to the 2010 Census, only 2.35% of the population served by the transit system is of Hispanic origin. To the extent that funds and resources permit, APT has had route brochures and system maps translated into Spanish. The City of Augusta’s homepage, www.augustaga.gov, includes a link for translating all the site’s pages into Korean, Italian, French, Japanese, German, and Spanish. Through its Title VI Plan and signed Assurances, the City will abide by DOT Order 5610.2, Environmental Justice, and DOT Limited English Proficiency, 70 FR 74087. All third party contractors will also be required to comply with the guidance of the circulars. Further, the City and its third party contractors at any tier of a project will provide services without regard to 3 race, color, creed, national origin, sex or age, and will prohibit discrimination in employment or business opportunity. CHAPTER III: REQUIREMENTS FOR APPLICANTS 1. REQUIREMENT TO PROVIDE TITLE VI ASSURANCES The City of Augusta, Georgia, has submitted all required annual certifications and assurances to the Federal Transit Administration. CHAPTER IV. GENERAL REQUIREMENTS AND GUIDELINES 1. REQUIREMENT TO PROVIDE AN ANNUAL TITLE VI CERTIFICATION AND ASSURANCE: The City of Augusta, Georgia, annually submits certifications and assurances to FTA as a part of its application process. Further, the City requires compliance with the assurances and certifications from each of its third-party contractors. 2. REQUIREMENT TO DEVEOP TITLE VI COMPLAINT PROCEDURES: The City of Augusta, Georgia, has developed Title VI Complaint Procedures in compliance with 49 CFR Section 21.9(b). They are attached as a part of the Title VI plan. 3. REQUIREMENT TO RECORD TITLE VI INVESTIGATIONS, COMPLAINTS, AND LAWSUITS: Currently, there is no investigation being conducted against the City of Augusta, Georgia, by one individual as it regards Title VI complaints, lawsuits, or discrimination. Should such investigations occur, the City has set up a complaint process whereby individuals may file a formal written complaint with the Office of the City Administrator. A copy of the complaint process is attached hereto as (Attachment D). Pursuant to Title VI, the City will maintain a list of active investigations of allegations about discrimination based on race, color, or national origin. This list shall include the filing date of the investigation, lawsuit, or complaint; a summary of the allegation(s); the status of the investigation, lawsuit, or complaint; and actions taken by the recipient or sub-recipient in response to the investigation, lawsuit, or complaint. 4. REQUIREMENT TO PROVIDE MEANINGFUL ACCESS TO LIMITED ENGLISH PROFICENCY PERSONS: The City of Augusta, Georgia, through APT, is continuing to work on methods to ensure that individuals who are limited English proficient (LEP) have meaningful access to public transportation and to the benefits, services, information, and other important parts of City programs and activities. As stated in Chapter II of this response, APT arranges to 4 have advertisements and notices published in Hola Augusta, a local Hispanic newspaper. As evidenced by the demographic information attached to this Title VI plan, just 2.35% of the population in the APT service area is of Hispanic origin. To the extent that funds and resources permit, APT intends to translate route brochures and update its web-site for easier access by people with Limited English Proficiency. The Augusta Regional Transportation Study, a colorful pamphlet about the APT’s work with local planning agencies, has been available in Spanish since June 2008. Another colorful publication, Augusta Public Transit System Map, which has information in Spanish as well as English, has been available since December 2008. Both publications are offered without charge at APT’s headquarters and terminals. As has been stated, the City of Augusta’s homepage includes a link for translating all its departments’ web pages, APT’s included, into Korean, Italian, French, Japanese, German, and Spanish. Our Administrative staff maintains access to bilingual (English/Spanish) interpreters. Upon request by Limited English Proficiency persons contacting APT, bilingual interpreters can be made available to answer questions. 5. REQUIREMENT TO NOTIFY BENEFICIARIES OF PROTECTION UNDER TITLE VI: In order to comply with 49 CFR Section 21.9(d), information to the public regarding their Title VI obligations and the protections against discrimination afforded to them by Title VI is provided by Augusta Public Transit. Information is disseminated to the public through public notices and posting on Augusta Public Transit’s website. 6. REQUIREMENT TO PROVIDE ADDITONAL INFORMATION UPON REQUEST: The City of Augusta, Georgia, acknowledges that at the discretion of FTA, information other than that contained in Circular FTA C4702.1A may be requested in writing from recipients or sub-recipients to investigate complaints of discrimination or to resolve concerns about possible noncompliance with Title VI. 7. REQUIREMENT TO PREPARE AND SUBMIT A TITLE VI PROGRAM: a) Summary of public outreach and involvement activities undertaken since the last submission and a description of steps taken to ensure that minority and low- income people had meaningful access to these activities. Since the last Title VI submission, APT has been involved in numerous activities to ensure involvement of minority and low-income individuals. APT is involved with and committed to the community and its citizens by the giving of time and expertise to the following organizations: Georgia Transit Association (GTA), American Public Transportation Association (APTA), Citizens Advisory Committee (CAC), Technical Coordinating Committee (TCC), Mayor’s Council on Homelessness, CSRA Partnership for Community Health, Walton Community Seniors Advisory Council, Human Service Coordination Group, Walton Options Training Program, and the Department of Family and Children Services. 5 b) A copy of the agency’s plan for providing language assistance for persons with Limited English Proficiency that was based on the DOT Limited English Proficiency Guidance or a copy of the agency’s alternative framework for providing language assistance. As stated in Chapter II of this response, APT arranges to have advertisements and notices published in Hola Augusta, a local Hispanic newspaper. As evidenced by the demographic information attached to this Title VI plan, just 2.35% of the population in the APT service area is of Hispanic origin. To the extent that funds and resources permit, APT intends to translate route brochures. As previously mentioned, The Augusta Regional Transportation Study and Augusta Public Transit System Map are two colorful publications that have been freely available, with information in Spanish, since their introduction in 2008; and the City of Augusta’s homepage includes a link for translating all its departments’ web pages, APT’s included, into Korean, Italian, French, Japanese, German, and Spanish for the benefit of Limited English Proficiency persons. Our Administrative staff maintains access to bilingual (English/Spanish) interpreters. Upon request, bilingual interpreters can be made available to answer questions. Although it is not cost-efficient to develop a full Limited English Proficiency plan based on the service area and limited resources of the transit system, the absence of such a plan will not eliminate the City’s and Transit Department’s dedication to ensure that Limited English Proficiency persons have meaningful access to services and activities. As indicated above, schedules and brochures have been and will be developed to meet the needs of Limited English Proficiency participants, and outreach will be continued through the media, Hola Augusta included. c) A copy of the agency procedures for tracking and investigating Title VI complaints. See attached Transit Title VI Policy and Complaint Process (Attachment D). d) A list of any Title VI investigations, complaints, or lawsuits filed with the agency since the time of the last submission. This list should include only those investigations, complaints, or lawsuits that pertain to the agency submitting the report, not necessarily the larger agency or department of which the entity is a part. No Title VI investigations, complaints, or lawsuits have been filed with the agency since the time of the last submission. e) A copy of the agency’s notice to the public that it complies with Title VI and instructions to the public on how to file a discrimination complaint. See attached notice (Attachment “C”). 6 8. GUIDANCE ON CONDUCTING AN ANALYSIS OF CONSTRUCTION PROJECTS Not applicable to this project. 9. GUIDANCE ON PROMOTING INCLUSIVE PUBLIC PARTICIPATION a) Coordinating with individuals, institutions, or organizations and implementing community-based public involvement strategies to reach out to members in the affected minority and/or low-income communities. Since the last Title VI submission, APT has been involved in numerous activities to ensure involvement of minority and low-income individuals. APT is involved with and committed to the community and its citizens by the giving of time and expertise to the following organizations: Georgia Transit Association (GTA), American Public Transportation Association (APTA), Citizens Advisory Committee (CAC), Technical Coordinating Committee (TCC), Mayor’s Council on Homelessness, CSRA Partnership for Community Health, Walton Community Seniors Advisory Council, Human Service Coordination Group, Walton Options Training Program, and the Department of Family and Children Services. b) Providing opportunities for public participation through means other than written communication, such as personal interviews or use of audio or video recording devices to capture oral comments. In order to integrate, into community outreach activities, considerations expressed in the DOT Order on Environmental Justice, and the DOT Limited English Proficiency Guidance, recipients and sub-recipients should seek out and consider the viewpoints of minority, low-income, and Limited English Proficiency populations in the course of conducting public outreach and involvement activities. An agency’s public participation strategy shall offer early and continuous opportunities for the public to be involved in the identification of social, economic, and environmental impacts of proposed transportation decisions. c) Using locations, facilities, and meeting times that are convenient and accessible to low-income and minority communities. Efforts to involve minority and low-income people in public involvement activities can include both comprehensive measures, such as placing public notices at all stations and in all vehicles, and measures targeted to overcome linguistic, institutional, cultural, economic, historical, or other barriers that may prevent minority and low-income people and populations from effectively participating in a recipient’s decision-making process. 7 d) Using different meeting sizes or formats, or varying the type and number of news media used to announce public participation opportunities, so that communications are tailored to the particular community or population. APT advertises in local media when public hearings or other events are held. It advertises in the minority-owned and -operated Metro Courier, a weekly newspaper targeting the local black community, and also advertises in Hola Augusta, although it is published infrequently. It should be noted, as evidenced by the demographic information attached to this Title VI plan, that 2.35% of the population in the area served by APT is of Hispanic origin. e) Implementing DOT’s policy guidance concerning recipients’ responsibilities to LIMITED ENGLISH PROFICENCY persons to overcome barriers to public participation. As mentioned above, it is not cost-efficient to develop a full Limited English Proficiency plan, because of the Transit Department’s service area and limited resources. Still, the absence of such a plan will not eliminate APT’s dedication to ensure that Limited English Proficiency persons enjoy meaningful access to public transportation and to City programs or activities. It should be noted, as evidenced by the demographic information attached to this Title VI plan, that 2.35% of the population in APT’s service area is Hispanic. CHAPTER V: PROGRAM-SPECIFIC REQUIREMENTS AND GUIDELINES FOR RECIPIENTS SERVICE LARGE URBANIZED AREAS 1. REQUIREMENT TO COLLECT DEMOGRAPHIC DATA. The City of Augusta, Georgia, has selected Option A for this portion of the Title VI plan. Attached are demographic and service profile maps depicting 2010 census tract data for Richmond County, Georgia, and for any surrounding areas being served by APT. These maps were prepared using GIS technology. Included is a base map of the service area that shows each Census tract. Information regarding traffic analysis zones, major streets and highways, and major activity centers or transit trip is not applicable to this project. No transit facilities were recently modernized or are scheduled for modernization in the next five years. Fixed transit facilities consist of a headquarters, a transfer terminal, and a major transfer point. The fixed route service is called Augusta Public Transit and the ADA service is known as APT Paratransit. The paratransit service is available to persons certified as eligible for ADA service. The paratransit service is operated within a ¾ mile radius of each fixed route. As such, its service area is not separately identified on the transit service overlay. 8 Census tract areas are shaded and include percentages of minority and low-income population in which the transit routes currently travel. A Population/Racial Distribution Chart is also included by census tract and the total number and percentage of low-income people within each zone or tract. 2. REQUIREMENT TO SET SYSTEMWIDE SERVICE STANDARDS a) Effective Practices to Fulfill the Service Standard Requirement. The City of Augusta, Georgia, through its Public Transit Department, has developed the following service standards: i. Vehicle Load - The load factor policy for APT is defined as follows: a load factor exceeding 1:1.5 recorded at any point along the routes will be the basis for increasing service. ii. Vehicle Headway - Service on each of the routes operated by APT varies in response to the load factor policy described above or in response to other factors warranting an adjustment in service. APT operates a route with a 20-minute headway, a route with a 40-minute headway, and some routes with 60 minutes’ headway. In addition there are two routes whose headway is 30 minutes during peak hours and 60 minutes during other times. iii. On-Time Performance - Currently, on-time performance is monitored visually through supervisory ride checks and observations at the terminal or checkpoints. There is no GPS tracking system on the vehicles. Plans are in place to purchase AVL equipment to assist in determining on-time performance. Vehicles are currently equipped with 800 MHz radios so that the drivers can be in constant contact with the base station should performance problems arise, i.e. breakdowns, traffic problems, or other issues that could cause a driver to vary from the published schedule. iv. Distribution of Transit Amenities - At the current time, APT offers more than 80 shelters and more than 300 bus stop signs at various locations throughout the service area. There is a transfer facility with heating and air conditioning, restrooms, and an information booth. At the other main transfer point, APT constructed a 20-foot-by-30-foot shelter and placed several benches for passengers’ convenience. Information materials (i.e., schedules and system maps) are provided to the public at no cost. v. Service Availability - The Augusta Public Transit system sets its schedules so as to maximize convenience to riders and thereby increase ridership. Schedules are reviewed through periodic evaluations of the routes and by staff members’ serving on various committees and meeting with members of the general public (including low income, minority, disabled and elderly persons). 9 Currently the system provides service routes to public agencies, post secondary educational institutions, shopping areas, and local hospitals. As to on-demand response for ADA service, the area within three-quarters of one mile of a route is considered to be within the route’s service area. The Augusta Public Transit system is part of the larger Augusta, Georgia, urban system as designated by Census tract. Consequently, the APT system receives no operational dollars from FTA and must rely on the limited funding from local county sources. 3. REQUIREMENT TO SET SYSTEM-WIDE SERVICE POLICIES. APT is of the opinion its system-wide service policies guard against service design and operational policies that have disparate impacts on passengers. a) Effective Practices to Fulfill the Service-Policy Requirement. i. Vehicle assignment - Eighteen buses are currently available to provide service on APT’s 9 fixed routes. The buses are identically equipped and are assigned to routes based on ridership. Eight buses are available to provide on-demand service to customers certified as eligible for ADA service. ii. Transit security - Staff and drivers are always alert to possible security or criminal threats. Plans are to purchase surveillance equipment on all APT’s vehicles and to improve the security and surveillance at all APT’s facilities. The technology is to be developed without regard to race, color, and national origin. 4. REQUIREMENT TO EVALUATE SERVICE AND FARE CHANGES. The City of Augusta, through APT, chose Option B – a locally developed procedure for the evaluation of service and fare changes. A copy of the criteria developed is attached, and defines a major service change as one that affects 20% or more of the total system ridership. Service changes are conducted without discriminatory impact. During the development of this policy, the effect of service and fare changes on minority and low-income persons was considered. Maps were developed for view during public hearings, and census tract data was considered as a part of the process. On March 2, 2009, prices for fares and transfers were uniformly raised for all customers regardless of race, color, and national origin. This increase was reported by the local print and broadcast media and is documented at APT’s web site. It was the first fare increase since 2001. There haven’t been any increases in fares since 2009. 10 5. REQUIREMENT TO MONITOR TRANSIT SERVICE. The City of Augusta, Georgia, through APT, has selected Option D – Locally Developed Alternative – to meet this portion of the Title VI plan. In reviewing the routing options, the funds available, and the census tract information, transit service was monitored to assure that “no person or group of persons were discriminated against with regard to the routing, scheduling, or quality of service of transportation service furnished as a part of the project on the basis of race, color, or national origin. Frequency of service, age and quality of vehicles assigned to routes, quality of stations serving different routes, and location of routes were not determined on the basis of race, color, or national origin.” 6. REQUIREMENT TO PREPARE AND SUBMIT A TITLE VI PROGRAM. The City of Augusta, Georgia, through APT, has prepared and will submit this Title VI program to the regional FTA civil rights officer. It is the opinion of the City and APT that this plan contains all of the required information, such as: a) A copy of the agency’s demographic analysis of its beneficiaries. b) Copies of system-wide service standards and system-wide service policies adopted by the agency. c) Service changes and fare changes criteria and documentation. d) Information regarding service monitoring. CHAPTER VI: NOT APPLICABLE TO THIS PROJECT CHAPTER VII: NOT APPLICABLE TO THIS PROJECT CHAPTER VIII: COMPLIANCE REVIEWS APT resolved all findings during its last triennial review. No Title VI findings were noted. CHAPTER IX: COMPLAINTS APT has not had any Title VI complaints reported to date. CHAPTER X: EFFECTING COMPLIANCE The City of Augusta, Georgia, has cleared all the APT’s Triennial issues from 2009 and has not been notified of any further compliance issues to date. 11 ATTACHMENT A: TITLE VI PROGRAM CHECKLIST FOR ALL GRANTEES All recipients should submit the following information to the Federal Transit Administration (FTA) as part of their Title VI Program. Sub-recipients shall submit the information below to their direct recipient. Provision Circular Reference Citation in DOT Title VI Regulations or reference to the DOT Order on Environmental Justice Reporting Requirement Title VI Complaint Procedures Chapter IV, part 2 49 CFR 21.9(b) A copy of their procedures for filing a Title VI complaint INCLUDED AS ATTACHMENT Record of Title VI investigations, complaints, or lawsuits Chapter IV part 3 48 CFR 21.9(b) A list of any Title VI investigations, complaints, or lawsuits filed with the agency since the time of the last submittal NO INVESTIGATIONS, COMPLAINTS OR LAWSUITS HAVE BEEN FILED SINCE THE LAST SUBMITTAL Access to Services by Persons with Limited English Proficiency Chapter IV, part 4 49 CFR 21.5(b) and the DOT Limited English Proficiency Guidelines Either a copy of the agency’s plan for providing access to meaningful activities and programs for persons with Limited English Proficiency which was based on the DOT Limited English Proficiency guidance or a copy of the agency’s alternative framework for providing access to activities and programs. ACTIONS DESCRIBED IN PLAN NARRATIVE Notifying beneficiaries of their rights under Title VI Chapter IV part 5 49 CFR 21.9(d) A notice that it complies with Title VI and procedures the public may follow to file a discrimination complaint. INCLUDED AS ATTACHMENT Inclusive public participation Chapter IV part 9 DOT Order 5610 A summary of public outreach and involvement activities undertaken since the last submission and a description of steps taken to ensure that minority persons had meaningful access to these activities. ACTIONS DESCRIBED IN PLAN NARRATIVE 12 ATTACHMENT B: TITLE VI PROGRAM CHECKLIST FOR RECIPIENTS SERVING URBANIZED AREAS WITH POPULATIONS OF 200,000 PEOPLE OR GREATER All recipients providing service to geographic areas with 200,000 people or greater should submit the following information to the Federal Transit Administration (FTA) as part of their Title VI Program. Provision Circular Reference Citation Information to be included in the Title VI report Demographic Data Collection Chapter V, Part 1 49 CFR 21.9(b); Either demographic maps and charts prepared since the most recent decennial census, results of customer surveys that include demographic information, or demographic information on beneficiaries through locally developed procedure. INCLUDED AS ATTACHMENT Service Standards Chapter V, Part 2 49 CFR 21.5(b)(2); 49 CFR 21.5(b)(7); Appendix C to 49 CFR 21 System-wide service standards (such as standards for vehicle load, vehicle headway, distribution of transit amenities, on-time performance, transit availability, and transit security). INCLUDED IN PLAN NARRATIVE Service Policies Chapter V, Part 3 49 CFR 21.5(b)(2); 49 CFR 21.5(b)(7); Appendix C to 49 CFR 21 System-wide policies (such as policies for vehicle assignment or transit security). INCLUDED IN PLAN NARRATIVE Equity Evaluation of Service and Fare Changes Chapter V, Part 4 49 CFR 21.5(b)(2); 49CFR 21.5(b)(7); Appendix C to 49 CFR 21; An analysis of the impacts on minority and low-income populations of any significant service and fare changes that occurred since the previous report was submitted. INCLUDED IN PLAN NARRATIVE Monitoring Chapter V, Part 5 49 CFR 21.5(b)(2); 49CFR 21.5(b)(7); Appendix C to 49 CFR 21; The results of either level of service monitoring, quality of service monitoring, analysis of customer surveys, or locally developed monitoring procedure. INCLUDED IN PLAN NARRATIVE 13 ATTACHMENT C: TITLE VI NOTIFICATION PROCEDURES The City of Augusta, Georgia, as a condition for receiving financial assistance from the Federal Transit Administration, ensures that: 1. No person on the basis of race, color, or national origin will be subjected to discrimination in the level and quality of transportation services and transit related benefits. 2. The City of Augusta, Georgia, will compile, maintain, and timely submit Title VI information required by the Federal Transit Administration, copies of which will be available to the general public. 3. The City of Augusta, Georgia makes it known to the public that any person or persons alleging discrimination on the basis of race, color, national origin in regards to the provision of transportation services and transit related benefits may file a complaint with the Office of the City Administrator, or the Federal Transit Administration. Any member of the general public, who feels that his or her Title VI rights have been violated in any manner may file a formal written complaint at the Office of the City Administrator, located at 535 Telfair St., Suite 910, Augusta, GA 30901, phone 706-821- 2400, within 30 days from the date of the last alleged discriminatory act. Complaining parties will receive written notification of the determined resolution. The APT Title VI Coordinator will set a mutually agreed-upon time and place for the review process with the applicant and/or representatives within 30 working days of the request. The complainant may submit documents or other information to be included with the record and considered in the review process. The complainant will generally be issued a letter of findings and recommendations from the Office of the City Administrator within 90 working days after filing a complaint. If additional time is needed to investigate a complaint, then all parties will be notified by the City Administrator. Individuals may withdraw a formal grievance and decide to seek mediation or an informal resolution at any point in the complaint process. Procedures to correct any deficiencies found through the complaint will be initiated within 30 working days of the conclusion of the Administrator’s investigation. If no deficiencies are found to exist as a result of the complaint, a written response will be sent to the complainant within 90 working days detailing the investigation and the results of that investigation. Any complainant not satisfied with the results of the investigation may further appeal his or her complaint to the office of the Federal Transit Administration, Regional Civil Rights Office, 230 Peachtree St., NW, Suite 800, Atlanta, GA 30303, no later than 180 days after the date of the alleged discrimination. 4. The City of Augusta, Georgia, through its Public Transit Department, will notify the general public of its Title VI responsibilities by posting this statement at the Department’s headquarters and terminal and on the Department’s web page. The 14 statement will be posted to meet requirements of individuals with Limited English Proficiency. The person whose signature appears below is authorized to sign this assurance on behalf of the grant applicant or recipient. ___________________________________ Hardie Davis, Jr., Mayor Date 15 ATTACHMENT D: AUGUSTA, GEORGIA AUGUSTA PUBLIC TRANSIT (APT) TITLE VI PUBLIC COMPLAINT PROCESS If you believe that you have been excluded from participation in, been denied the benefits of, or been subjected to discrimination under any Augusta Public Transit (APT) service, program or activity, you may file an official Title VI complaint with the Administrator of Augusta, Georgia (hereafter “APT Title VI Coordinator”). The following steps describe the procedures to file a complaint and how Augusta, Georgia will respond. 1. The complaint must be submitted to the APT Title VI Coordinator no later than 180 days after the date of the alleged discrimination. 2. A Title VI Complaint Form can be obtained by calling (706) 821-1721 or by downloading the form from our website at www.augustaga.gov. Please provide the following information on the complaint form or you may submit a signed written statement that contains all of the following written information:  Your name, address and how to contact you (phone number, email address, etc.);  The basis of the alleged discrimination complaint (race, color, or national origin);  How, why, when and where you believe you were excluded from participation in, were denied the benefits of, or were subjected to discrimination. If the alleged incident occurred on the bus, give date, time of day, and bus number if available;  Include the location, names and contact information of any witnesses;  Indicate whether you have filed the complaint with Federal Transit Administration; and  You must sign your letter of complaint. If you, as the complainant, are unable to read and/or write a complaint, the APT Title VI Coordinator will assist you with the complaint. APT is committed to providing open access to its services to persons with limited ability to speak or understand English; if requested by complainant, the APT Title VI Coordinator will provide language translation services. 3. The complaint shall be sent to the following address: Augusta, Georgia Janice Allen Jackson, Administrator 535 Telfair Street Room 910 Augusta, GA 30901 16 4. All complaints will be investigated promptly. Reasonable measures will be undertaken to preserve any information that is confidential. The APT Title VI Coordinator will review every complaint, and when necessary, begin the investigation process. At a minimum the investigating will:  Identify and review all relevant documents, practices and procedures;  Identify and interview persons with knowledge of the alleged discrimination, that is, the person making the complaint; witnesses or anyone identified by the Complainant; anyone who may have been subject to similar activity, or anyone with relevant information. 5. Upon completion of the investigation, the APT Title VI Coordinator will complete a final report for Augusta, Georgia. The investigation process and final report should take no longer than ninety (90) days after receipt of the complaint. If a Title VI violation is found to exist, remedial steps as appropriate and necessary will be taken immediately. The Complainant will also receive a copy of the final report together with any remedial steps. 6. If no violation is found and the complainant wishes to appeal the decision, he or she may contact the Federal Transit Administration, 230 Peachtree Street NW, Suite 800, Atlanta, GA 30303 Attention: Regional Civil Rights Officer, or by calling (404) 865-5628, or web site http://www.fta.dot.gov/civilrights/title6/civil_rights_5104.html Complainants may also file their initial Title VI complaint directly, no later than 180 days after the date of the alleged discrimination, to the Federal Transit Administration. 17 File #__________ ATTACHMENT E AUGUSTA, GEORGIA AUGUSTA PUBLIC TRANSIT (APT) TITLE VI PUBLIC COMPLAINT FORM Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance. Specifically, Title VI provides that “no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” The Environmental Justice component of Title VI guarantees fair treatment for all people and provides for APT, to identify and address, as appropriate, disproportionately high and adverse effects of its programs, policies, and activities on minority and low-income populations, such as undertaking reasonable steps to ensure that Limited English Proficient (LEP) persons have meaningful access to the programs, services, and information APT provides. APT works to ensure nondiscriminatory transportation in support of our mission to provide quality, dependable, safe, accessible, and affordable transit service, to enhance the social and economic quality of life for all Augusta-Richmond County citizens. APT’s Title VI Coordinator is responsible for the Civil Rights Compliance and Monitoring to ensure non-discriminatory provision of transit services and programs. Complainant Name Mailing Address Telephone Numbers (Home) (Work) Email Address 18 File #__________ List type of discrimination (please check all that apply): Race ( ) Color ( ) National Origin ( ) Other Please indicate your race/color, if it is a basis of your complaint Please describe your national origin, if it is a basis of your complaint Location where incident occurred Time and date of incident Name/Position title of the person who allegedly subjected you to Title VI discrimination: Briefly describe the incident (use a separate sheet, if necessary): Did anyone else witness the incident? Yes ( ) No ( ) List witnesses (Use a separate sheet, if necessary) Name Address Telephone Number Name Address Telephone Number 19 File #__________ Have you filed a complaint about the alleged discrimination with the Federal Transit Administration? Yes ( ) No ( ) If yes, when? Signature Date 20 ATTACHMENT F AUGUSTA PUBLIC TRANSIT’S FARE/SERVICE CHANGE POLICY AND PROCEDURES The policy of Augusta Public Transit is to evaluate transit fares and routes every three years or when needed. In the event there is a need for a change in fares, elimination or reduction of services and that change affects at least 20% of the ridership, Augusta Public Transit will schedule a public hearing. The purpose of the public hearing will be to solicit comments from transit riders and the public regarding the proposed changes. Augusta Public Transit’s procedures for informing the public are as follows: 1. Notices of Public Hearings will be published in local newspapers: The Augusta Chronicle, Metro Courier, and Hola Augusta. Notices will also be given to all media outlets for maximum coverage. 2. Notices of Public Hearings will be posted in all transit vehicles and at the Downtown Transfer Facility. 3. Conduct the public meeting. 4. Review and consider comments made at the public hearing. 5. Submit recommendations for fare/service changes to the Public Services Committee for approval. 6. Submit the recommendations by the Public Services Committee to the Full Commission for final approval. 7. Upon receiving approval from the Full Commission, fare/service changes will be implemented within 30 days after the date of approval. 21 ATTACHMENT G: CENSUS AND ROUTE MAPS AUGUSTA PUBLIC TRANSIT 22 ATTACHMENT H DEMOGRAPHIC CHARTS AUGUSTA PUBLIC TRANSIT AUGUSTA PUBLIC TRANSIT SERVICE AREA: POPULATION / RACE DISTRIBUTION CHART 2010 Census Total Population Black Pop. Hispanic Pop. Native American Pop. Asian Pop. Native Hawaiian Pop. Other Race Pop. Total Minority Pop. Tract # # % # % # % # % # % # % # % 1 3,809 1,289 33.84% 82 2.15% 26 0.68% 91 2.39% 1 0.03% 8 0.21% 1,497 39.30% 2 3,115 1,715 55.06% 72 2.31% 16 0.51% 78 2.50% 0 0.00% 14 0.45% 1,895 60.83% 3 1,464 822 56.15% 48 3.28% 12 0.82% 11 0.75% 3 0.20% 3 0.20% 899 61.41% 6 2,952 2,006 67.95% 72 2.44% 26 0.88% 16 0.54% 5 0.17% 8 0.27% 2,133 72.26% 7 1,246 1,104 88.60% 26 2.09% 2 0.16% 7 0.56% 1 0.08% 0 0.00% 1,140 91.49% 9 1,125 964 85.69% 12 1.07% 2 0.18% 63 5.60% 3 0.27% 3 0.27% 1,047 93.07% 10 3,005 1,384 46.06% 90 3.00% 29 0.97% 49 1.63% 16 0.53% 7 0.23% 1,575 52.41% 11 1,769 113 6.39% 41 2.32% 12 0.68% 55 3.11% 0 0.00% 3 0.17% 224 12.66% 12 4,600 2,269 49.33% 121 2.63% 42 0.91% 92 2.00% 3 0.07% 4 0.09% 2,531 55.02% 13 1,401 753 53.75% 32 2.28% 12 0.86% 29 2.07% 3 0.21% 5 0.36% 834 59.53% 14 2,216 2,149 96.98% 14 0.63% 13 0.59% 4 0.18% 1 0.05% 1 0.05% 2,185 98.60% 15 990 975 98.48% 1 0.10% 1 0.10% 1 0.10% 0 0.00% 1 0.10% 982 99.19% 16.01 5,261 3,753 71.34% 378 7.18% 31 0.59% 83 1.58% 14 0.27% 20 0.38% 4,279 81.33% 16.02 3,996 908 22.72% 100 2.50% 32 0.80% 75 1.88% 3 0.08% 7 0.18% 1,125 28.15% 101.01 3,804 928 24.40% 214 5.63% 32 0.84% 118 3.10% 3 0.08% 11 0.29% 1,306 34.33% 101.04 4,114 1,337 32.50% 172 4.18% 32 0.78% 283 6.88% 5 0.12% 16 0.39% 1,845 44.85% 101.05 5,133 882 17.18% 223 4.34% 40 0.78% 218 4.25% 16 0.31% 11 0.21% 1,390 27.08% 101.06 5,332 1,719 32.24% 316 5.93% 59 1.11% 293 5.50% 10 0.19% 18 0.34% 2,415 45.29% 101.07 2,641 1,004 38.02% 171 6.47% 12 0.45% 124 4.70% 12 0.45% 14 0.53% 1,337 50.62% 102.01 5,125 957 18.67% 121 2.36% 17 0.33% 89 1.74% 15 0.29% 3 0.06% 1,202 23.45% 102.03 4,212 2,247 53.35% 186 4.42% 44 1.04% 168 3.99% 25 0.59% 8 0.19% 2,678 63.58% 102.04 13,854 6,880 49.66% 821 5.93% 87 0.63% 523 3.78% 66 0.48% 49 0.35% 8,426 60.82% 103 5,132 4,102 79.93% 155 3.02% 37 0.72% 25 0.49% 0 0.00% 0 0.00% 4,319 84.16% 104.00 3,705 3,005 81.11% 106 2.86% 24 0.65% 18 0.49% 2 0.05% 5 0.13% 3,160 85.29% 105.04 6,917 4,852 70.15% 385 5.57% 51 0.74% 81 1.17% 12 0.17% 23 0.33% 5,404 78.13% 105.06 4,829 2,995 62.02% 189 3.91% 30 0.62% 53 1.10% 17 0.35% 9 0.19% 3,293 68.19% 105.07 5,731 4,022 70.18% 269 4.69% 32 0.56% 68 1.19% 16 0.28% 9 0.16% 4,416 77.05% 105.08 6,575 2,010 30.57% 150 2.28% 37 0.56% 69 1.05% 5 0.08% 14 0.21% 2,285 34.75% 23 AUGUSTA PUBLIC TRANSIT SERVICE AREA: POPULATION / RACE DISTRIBUTION CHART 2010 Census Total Population Black Pop. Hispanic Pop. Native American Pop. Asian Pop. Native Hawaiian Pop. Other Race Pop. Total Minority Pop. Tract # # % # % # % # % # % # % # % 105.12 4,874 4,062 83.34% 195 4.00% 34 0.70% 56 1.15% 2 0.04% 17 0.35% 4,366 89.58% 105.13 3,451 2,687 77.86% 123 3.56% 30 0.87% 46 1.33% 7 0.20% 9 0.26% 2,902 84.09% 106 4,401 4,065 92.37% 86 1.95% 21 0.48% 8 0.18% 7 0.16% 7 0.16% 4,194 95.30% 107.07 3,122 2,588 82.90% 145 4.64% 29 0.93% 54 1.73% 12 0.38% 4 0.13% 2,832 90.71% 107.08 5,786 4,475 77.34% 294 5.08% 36 0.62% 124 2.14% 11 0.19% 16 0.28% 4,956 85.66% 107.09 5,432 4,616 84.98% 292 5.38% 40 0.74% 89 1.64% 17 0.31% 0 0.00% 5,054 93.04% 107.11 3,460 2,153 62.23% 139 4.02% 32 0.92% 77 2.23% 23 0.66% 10 0.29% 2,434 70.35% 108 9,600 2,487 25.91% 1454 15.15% 148 1.54% 372 3.88% 73 0.76% 67 0.70% 4,571 47.61% 110 1,689 740 43.81% 45 2.66% 14 0.83% 23 1.36% 1 0.06% 6 0.36% 829 49.08% 168,605 91,680 54.38% 3,959 2.35% 691 0.41% 2,594 1.54% 219 0.13% 242 0.14% 99,385 58.95% 24 ATTACHMENT I AUGUSTA PUBLIC TRANSIT SYSTEM MAP SPANISH PANEL 25 ATTACHMENT J AUGUSTA PUBLIC TRANSIT SYSTEM MAP 26 ATTACHMENT K ARTICLE FROM HOLA AUGUSTA Commission Meeting Agenda 3/25/2015 2:00 PM Title VI Program Department:Planning and Development Caption:Request approval of the revised Title VI Civil Rights Program(s) pertaining to federal funding under the Federal Transit Administration (FTA) and federal aid funds under the Federal Highway Administration received by Augusta Planning and Development Department and Augusta Public Transit Department. Background:Title VI Civil Rights of 1964 states that “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” Title VI bars intentional discrimination as well as unintended discrimination impact (i.e., a neutral policy or practice that has a disparate impact on protected groups). Augusta Georgia, as a recipient of federal funds from the U.S. Department of Transportation under the Federal Transit Administration (FTA) and Federal Highway Administration (FHWA) is required to comply with, to implement the U.S. Department of Transportation Title VI regulations (49 CFR part 21) and guidelines as a recipient of FTA Section 5303 Metropolitan Planning Program, FTA Section 5307, 5310 & 5311 in accordance with Circular FTA C 4702.1 B issued October 1, 2012; and FHWA federal-aid funds. The City of Augusta GA, through the Augusta Planning and Development Department (APDD), in partnership with Aiken County Planning and Development Department, functions as the MPO. The Augusta Regional Transportation Study, known as ARTS, is the regional Metropolitan Planning Organization (MPO). This governing policy and procedures encompass the administration, operations, and implementation of metropolitan transportation planning, public transportation service and operations, projects, plans, programs and construction of transportation infrastructure funded in part or wholly funded with federal funds undertaken within and/or by the Augusta Planning and Development Department, Augusta Public Transit Department and Engineering Department. Analysis:Without approval of this item the Augusta Georgia would not be in compliance with federal regulations. Financial Impact:Compliance with Title VI of the Civil Rights of 1964 is a requirement as a recipient of federal funds pertaining to FTA Grants (Section 5303, 5307, 5310 & 5311); and FHWA federal– aid highway funds. This program is required to be administered in order to file a grant application; and process requisitions for payment of federal funds. Alternatives:Do not approve and fail to comply with federal regulations of the U.S. Department of Transportation – Federal Transit Administration and Federal Highway Administration. Recommendation:Approve the revised Title VI Civil Rights Program to comply with federal regulations under the U.S. Department of Transportation – Federal Transit Administration and Federal Highway Administration. Funds are Available in the Following Accounts: Not Applicable REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 3/25/2015 2:00 PM Alcohol Application Department:Planning & Development Caption:New Ownership Application: A. N. 15 - 16: A request by Lisa Kay Monroe for an on premise consumption Liquor, Beer, & Wine License to be used in connection with Monroe Restaurant Group, LLC, located at 816 Cotton Lane. There will be Dance. There will be Sunday Sales. District 1. Super District 9. Background:This is a New Ownership Application. Formerly in the name of Bryan Mitchell. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $5,855.00. Alternatives: Recommendation:Planning & Development recommends approval. The R.C.S.O. recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 3/25/2015 2:00 PM Alcohol Application Department:Planning & Development Caption:New Ownership Application: A. N. 15 - 17: A request by Ester Renee Clayton for an on premise consumption Liquor, Beer, & Wine License to be used in connection with 706 Lounge located at 2623 Deans Bridge Road. There will be Dance. District 2. Super District 9. Background:This is a New Ownership Application. Formerly in the name of Nelliesha Holland. Analysis:The applicant meets the requirements of The city of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $4,800.00 Alternatives: Recommendation:Planning & Development recommends approval. The R.C.S.O recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Alcohol Number l. Name of Business 2. Business Address 3. City 4. Business5. Applicant Name and Address: Applicant Social Security # If Application is a frqnsfer, list previous Applicant: Augusta-Ricirmonrl C ountY l8l5 Ivlarvin Griffin Road Augusta, GA 30906 ALCOHOL BEVERAGE APPLICATION Year'Alcohol Account Nrrmber hl6:: 11 # Phone(!&) %o r|il.e Z,AI D.o.B. t7 - t5 - nr+6.$ $Business Location: Map & Parcel Zoning Location Manager(s) 11. 12. 10. Is Applicant an Americaq0r=@or Alien lawfully admitted for permanent residency? ({Yes ( )No OWNERSIilP INFORMATION Corporation(ifapplicable): DateChartered: t-lc- {*lO *70?2 Mailing Address: Name of Btisiness Attention Address CrtylStatelZip Corporate Name: Lf-C List name and other required information for each person having interest in this business. 15.What type of business will you operate in this location?( ) Restaurant(/) Package Store ( ) Other: ( ) Lounge ( ) Convenience Store Total License Fee: $ Prorated License Fee: (After July I ONLY) $ Have you ever applied for an Alcohol Beverage License before: fE9 If so, give year of application and its disposition: *oD7/ ao 4W alcoholic beverages? (p Yes ( ) No If so, please initial. 0k - 13. 14. 16. ( ) Individual Name Position SSNO#Address Interest F\,<- kkL-fJ=-0t,flEP-E}*lz.|lLNT-kkffi&"fi I O0 e/n Lisensb Information Liquor Eleer Wine Dance Sundav Sales Retail Packase Dealer x x x v Consumption on Premises lVholesale 17. 18.Attach a passport-size photograph (front view) taken wilhin two years. Write name on back of the dealer submitting the license application. 19. Has any liquor business in which you hold, or have held, any financial interest, or are employed, or have been employed, ever been cited for any violation of the rules and regulations of Richmond County or the State Revenue Commission relating to the sale and distribution of distilled spirits? (X) Yes ( ) No If yes, give tull details: UAIFR ArtF .cN,E 20.Have you ever been arrested, or held by Federal, State, or other law-enftrrcement authorities, for any violation of any Federal, State, County or lvlunicipal law, regulation or ordinance? (Do not include fiaffrc violations, with the exception of any offenses pertaining to alcohol or dnrgs.) All other charges must be included, even if they are dismissed. ( )Yes (pNo ,, If yes, give reason charged or held, date and place where charged and its dispositlon. '{,21. 22.List the name and cther required inforrnation for each person, firm or corporation having any interest in the business. 0K_ ?ut cttot 4frPTyT= 23. If a neW application,.dffach a surveyor?s plat and staie the straight line distance from the property iine of school, church, librry, or public recreation area to the wall of the A.) Church b>o H - C.) School )-ll7 Public R.ecreation YF Do solemnly swear, subject to the,penalties of false answers made by rire as the applicant in the f,orgoing alcoholic beverage application are true. I hereby certifu that qr< f xWe . - - - is personally known to be, that heishe signed hisArer name to the tbregolng application stating to me that he/she knew and understood all statements and answers made herein, and, under administered by me, has swnrn that said statements and answers are This &?t day of ---:, in the ]rear lc FOR OFFICE TJSE ONI,Y I Department I App..,'.,*i'D.ni'Coiiun.:nts *t_..-.-*- The Board oiCommissioners or:. the -:---- dai; of' (Approved, Disapprcved) the forgoing applicat.ir:n. B.) Library Z i4 t',lr D.) State of Georgia; Augusta-Richmond County,I,24. 25. I I --LI List owner or owners of building and property. Recommendaticn Alcohol Inspgqt_ol Administrator Date in the year Commission Meeting Agenda 3/25/2015 2:00 PM Alcohol Application Department:Planning & Development Caption:Motion to approve New Application: A. N. 15 - 06: request by Ok Pun Kartye for a retail package Liquor, Beer & Wine license to be used in connection with OK Wine & Spirits located at 2811 Tobacco Rd. There will be Sunday Sales. Subject to the license not being sold until the trailer in the rear is completely dismantled and the fence screening is in place. District 4. Super District 9. (Approved by Public Services Committee February 23, 2015) (No action taken in Commission meetings March 3 and March 17, 2015) (Requested by the Petitioner) Background:This is a new location. Analysis:The applicant meets the requirements of the City Of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $4660.00. Alternatives: Recommendation:Planning & Development recommends approval. The RCSO recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 3/25/2015 2:00 PM Alcohol Special Event Application Department:Planning & Development Caption:Discussion: A request by Shawn Ledford for Homer LLC DBA Mellow Mushroom Pizza Bakers located at 1167 Broad St. for a One Day Alcohol Special Event license for April 9, 2015. (Masters Week Block Party 12th St. between 1167 Broad St. and Jones St.) District 1. Super District 10. Background:This is Masters Week Block Party. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $60.00. Alternatives: Recommendation:Planning & Development recommends approval. The RSCO recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Augusta-Richmond C ounty 1815 Marvin Griffin Road Augusta, GA 30906 ALCOHOL BEVERAGE APPLICATION l. 2. aJ. 4. 5. Alcohol Number Name of Business Fortv-One, lnc. d/b/a Tin Lizzy's Taqueria Cantina Business Address 2821 Washington Road City Auousta State GA Zip 30909 Business Phone (404-) 822.3849 Home Phone ( 678 ) 849.7922 Applicant Name and Address: Michael Thomas Evertsen 100 Hampton Walk Marietta. GA 30067 Applicant Social Security #D.o.B. Zlpnl-1-999- If Application is a transfer, list previous Applicant: Road Runner Cafe Year 2015 Alcohol AccountNumber /Oti' l{o 6. 7. 8. 9. Business Location: Map & Parcel 0120065010 Zoning C3 Location Manager(s)TBD - Michael Evertsen and Andrew McKoski for ooenino. 10. Is Applicant an American Citizen or Alien lawfully admitted for permanent residency?(X)Yes ( ) No OWNERSHIP INFORMATION Corporation (if applicable): Date Chartered: 81112002 Mailing Address: Name of Business Forty-One, lnc. d/b/a Tin Lizzy's Taqueria Cantina ll. 12. Attention Address CitylStatelZip Michael Evertsen 2030 Powers Ferry Road, SE, Suite 460 Atlanta, GA 30339 13. 14. Ownership Type: Corporate Name: (X)Corporation ( )PartnershipForty-One, lnc. ( ) Individual T ist name and other required information for each person having interest in this business. Name Position SSNO #Address I Interest Michael Evertsen Owner I 100 Hampton Walk, Marietta, 30067 30% John Piemonte Owner 1805 Buckhead Ln, Atlanta, 30324 25o/. Chris Hadermann Owner 3954 Sheldon Dr, Atlanta,30342 25o/< Andrew McKoski Owner 502 Hascall Road, Atlanta, 30309 20ol 15.What type of business will (X) Restaurant ( ( ) Package Store ( you operate in this location?( ) Convenience Store) Lounge ) Other: Total License Fee: 5 5445 + 120 app fee Prorated License Fee: (After July 1 ONLY) $ 16.Have you ever applied for an Alcohol Beverage License before:Not in Augusta-Richmond If so, give year of application and its disposition: License Information Liouor Beer Wine Dance Sundav Sales Retail Packase Dealer Consumption on Premises X X x X Wholesale 17. alcoholic beverages? (X) Yes ( ) No If so, please initial. Are you familiar with Georgia and Augusta-Richmond County laws reg4 18.AAach a passport-size photograph (front view) taken within two y"ars. Write name on back of the dealer submitting the license application. Has any liquor business in which you hold, or have held, any financial inLterest, or areemployed, or have been employed, ever been cited for any violation of the rules andregulations of Richmond County or the State Revenue Commission relatirrLg to the saleand distribution of distilled spirits? ( ) yes (X ) No 19. If yes, give full details: 20.Have you ever been arrested, or held bV F List owner or owners of building and property. lffalter W. Lyon - 318 Coffee Ave S., Douglas, GA 31533 authorities, for any violation of any Federal, State, County or Municipal law, regulationor ordinance? (Do not include traffrc violations, with the exception of any iff.rr..,pertaining to alcohol or drugs.) All other charges must be included, "r"r if they aredismissed. ( )Yes (x)No If yes, give reason charged or held, date and place where charged and its disposition. 21. 22. 23. Listthenameandotherrequiredinformationforeachperson,fi,m@ any interest in the business. See #14 If a new application, attach a surveyor's plat and state the straight line distan"e fro- the property line of school, church, library, or public recreation area to the wall of the building where alcohol beverages are sold. A.) Church B.) Library C.) Schoolnla nla D.) Public Recreation State of Georgia, Augusta-Richmond County,I, Michael Thomas Evertsen Do solemnly swear, subject to the penalties of false swearing, that the statements and answers made by me as the applj in the forgoing alcoholic beverage application are true- 25.I hereby certiff that Mich Evertsen is personally known to be, nla nla 24. that he/she signed hislher name to knew and understood all statements The Board of Commissioners on the day of (Approved, Disapproved) the forgoing application. the foregoing application stating to me that he/she and answers made herein, and, under oath acfually administered by me, has sworn that said statements and answers are true.This (p aay of 4r-,b , in the V"u, Xp ii- . *lPl-.?tvst,-giomi, 'rsdl,ltiv6irib6ff#orsFOR OFFICE USE ONLY Department Recommendation Alcohol Insoector Administrator Date in the year Commission Meeting Agenda 3/25/2015 2:00 PM Alcohol Special Event Application Department:Planning & Development Caption:Discussion: A request by Michael Evertsen for Tin Lizzy's Taqueria Cantina located at 2821 Washington Rd. for an Alcohol Special Event license for 7 day April 6th thru April 12, 2015. (Masters Week in the parking lot). There will Sunday Sales. District 7. Super District 10. Background:This a Masters Week Event. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $420.00. Alternatives: Recommendation:Planning & Development recommends approval. The RCSO recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Invitation to Bid Sealed bids will be received at this office on Friday, February 13, 2015 @ 11:00 a.m. for furnishing: Bid Item 15-120 Landscaping & Irrigation for the Additions and Modernizations to the Municipal Building for Recreation, Parks & Facilities Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 706-821-2422 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. A Mandatory Pre Bid Conference will be held on Friday, January 30, 2015 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605 a mandatory 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 Tuesday, February 3, 2015 @ 5:00 p.m. No bid will be accepted by fax, all must be received by mail or hand delivered. No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening. 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 places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Augusta Chronicle January 8, 15, 22, 29, 2015 Metro Courier January 14, 2015 Revised: 8/15/2011 UNOFFICIAL Vendors JACOBS LAND MANAGEMENT 733 SCOTT NIXON MEMORIAL DR. AUGUSTA, GA 30907 LAURELWOOD LANDSCAPING 1359 W MARTINTOWN ROAD NORTH AUGUSTA, SC 29860 Original YES YES 4 copies YES YES Attachment B YES YES Addendum #1 YES YES E-Verify #417873 473169 SAVE Form YES YES Bid Bond YES YES Landscaping & Irrigation for the Additions and Modernizations to the Municipal Building BASE PRICE $99,858.00 $132,820.17 ADD ALTERNATE No. 1 $9,850.00 $13,614.70 TOTAL BASE PRICE AND ADD ALTERNATE No. 1 $109,708.00 $146,434.87 Bid Opening Bid Item #15-120 Landscaping & Irrigation for the Additions and Modernizations to the Municipal Building for Augusta, Georgia - Recreation, Parks & Facilities Department Bid Due: Friday, February 20, 2015 @ 11:00 a.m. Total Number Specifications Mailed Out: 38 Total Number Specifications Download (Demandstar): 5 Total Electronic Notifications (Demandstar): 282 Mandatory Pre-Bid Conference/Telephone Conference Attendees: 5 Total packages submitted: 2 Total Noncompliant: 0 The following vendors submitted a "No Bid" response: NATE'S LAWN CARE / 2712 DAVIS MILL ROAD / HEPHZIBATH, GA 30815 SPRINGWOOD NURSERY / 4545 COX RD. / EVANS, GA 30809 TWO STATE LANDSCAPING / 515 MCKINNES PARK / EVANS, GA 30809 Page 1 of 1 Disadvantaged Business Enterprise Department Yvonne Gentry DBE Director Disadvantaged Business Enterprise Department 530 Greene Street – Room 600B - Augusta, GA 30901-4414 (706) 821-2406– Fax (706) 821-4228 WWW.AUGUSTAGA.GOV MEMORANDUM TO: Ron Hock, Interim Director Recreation, Parks & Facilities Department FROM: Yvonne Gentry, Director Disadvantaged Business Enterprise Department DATE: March 6, 2015 SUBJECT: REVIEW AND APPROVAL OF RECOMMMENDED CONTRACTOR Bid #15-120 Landscaping & Irrigation for the Additions & Modernizations to the Municipal Building This memo is to transmit the review and concurrence of compliance by Jacob’s Land Management in meeting the LSBOP Utilization goal of ten percent (10%) for the above referenced project. The goal setting methodology considered the following factors based on good faith efforts of the contractor:  The project total estimated cost  Value of the scope of work where availability exists  Maximum participation to be achieved through locally owned small business Contractor must prepare and submit a monthly utilization report with each pay request to the DBE Department. If you have questions, please contact me at (706) 821-2406. Commission Meeting Agenda 3/25/2015 2:00 PM Approve the bid proposal submitted by Jacobs Land Management for Landscaping and Irrigation for the Additions and Modernizations to the Municipal Building Department:Recreation, Parks and Facilities Caption: Approve the bid proposal submitted by Jacobs Land Management for the Landscaping and Irrigation for the Additions and Modernizations to the Municipal Building in the amount of $109,708.00 including Add Alternate No. 1. Background:This contact will provide the Landscaping and Irrigation for the Additions and Modernizations to the Municipal Building. Bid proposals to provide and install Landscaping and Irrigation for the Additions and Modernizations to the Municipal Building were received from two (2) companies (Jacobs Land Management and Laurel Wood Landscaping)). Review and analysis of the two (2) compliant bid proposals were performed by the Procurement Department, assisted by Capital Improvements Program Management (CIPM). The bid proposal from Jacobs Land Management was judged to be in the best interest of the project and Augusta, Georgia. Analysis:This Contract will provide Landscaping and Irrigation for the Additions and Modernizations to the Municipal Building. TOTAL OF CONTRACT IS $ 109,708.00. Financial Impact:This Contract amount for the bid proposal is within the project’s budget. Alternatives:1. Approve the Contract with Jacobs Land Management in the amount of $ 109,708.00 including Add Alternate No. 1 for the Landscaping and Irrigation for the Additions and Modernizations to the Municipal Building. 2. Not approve the Contact. Recommendation:1. Approve the Contract with Jacobs Land Management in the amount of $ 109,708.00 including Add Alternate No. 1 for the Landscaping and Irrigation for the Additions and Modernizations to the Municipal Building. Funds are Available in the Following Accounts: GL: 328-05-1120 JL: 212-05-5101 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 3/25/2015 2:00 PM 2015-2019 Consolidated Plan Department:Housing and Community Development Caption:Motion to approve Year 2015 – 2019 Consolidated Plan and 2015 Action Plan for Community Development Block Grant (CDBG) Program, Home Investment Partnerships (HOME) Program, Emergency Solutions Grant (ESG) Program, Housing Opportunities for Persons with AIDS (HOPWA) Program. (Approved by Administrative Services Committee October 27, 2014) Background:In order to fulfill statutory and regulatory requirements mandated by the U.S. Department of Housing and Urban Development with regard to the 2015-2019 Consolidated Plan and 2015 Action Plan, the City of Augusta is required to make available for public comment the 2015-2019 Consolidated Plan that provides the jurisdiction an opportunity to review the City of Augusta, Housing and Community Development Department’s local strategy to address needs in the areas of community development, economic development, housing and homelessness. This proposal includes an Action Plan for 2015 with a budget that includes anticipated funding allocations for the Community Development Block Grant ($1,689,993), HOME ($673,471), ESG ($151,819) and HOPWA ($1,072,089) plus CDBG Program Income from loan repayments of $150,000 and HOME loan repayments of $235,000. Analysis:If supported by the Augusta-Richmond County Commission, the Housing and Community Development Department will be able to fund these projects in accordance with the submission of the 2015- 2019 Consolidated Plan to the U. S. Department of Housing and Urban Development (HUD). Financial Impact:If approved by the City Commission, the Plan will continue to provide funding of needed services and housing projects for low- to moderate-income households throughout Augusta – Richmond County. Alternatives:None. Recommendation:Accept the 2015-2019 Consolidated Plan Action Plan by resolution, so that the Housing and Community Development Department may move to submit this plan to the HUD Regional Office (Atlanta, GA) for REVIEW AND APPROVAL. Funds are Available in the Following Accounts: N/A. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission 1 SOFTWARE, SERVICES, AD MAITEACE AGREEMET THIS AGREEMENT (hereinafter the "Agreement") is made this ______ day of ______________, 2015, (the "Effective Date") by and between Augusta, GA, a political subdivision of the State of Georgia, with its place of business at 535 Telfair Street, Building 200, Augusta, GA U.S.A., 30901-2374, (hereinafter the "City"), and Cartegraph Systems, Inc., with its principal place of business at 3600 Digital Drive; Dubuque, IA 52003, (hereinafter the "Vendor"). The City and the Vendor are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." RECITALS A. The Vendor desires to perform and assume responsibility and obligation for the provision of certain professional services, as hereinafter described, on the terms and conditions set forth herein. Vendor represents that it is experienced in providing contracted services to public clients, can legally do business in the State of Georgia, and is familiar with the scope of work of the City. B. The City desires to engage Vendor to render such services, as hereinafter described, for the Earthmine Implementation Project (the “Project”) on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the City and the Vendor agree as follows: OPERATIVE PROVISIOS SECTIO I EGAGEMET AD SERVICES OF THE VEDOR 1. Engagement of Vendor. The City hereby engages the Vendor, and the Vendor promises and agrees to furnish to the City, subject to the terms and conditions set forth in this Agreement, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional services necessary for the Project (the "Services") as well as any software tools (the “Program”) necessary to use, report on, view, or otherwise access the product(s) being implemented by the Vendor. The Services and Program(s) are more particularly described in Exhibit A attached hereto and incorporated herein by reference. The Vendor agrees to perform the Services and Program(s) in accordance with the terms and conditions of this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations in effect at the time the Services and Program(s) are provided. 2. Performance of the Vendor; Standard of Care. The Vendor accepts the relationship of trust and confidence established between the City and the Vendor by the terms of this Agreement. The Vendor covenants with the City to perform all Services under this Agreement in a skillful and competent manner, exercising a high standard of skill, quality and care while doing so. Vendor represents and maintains that it is skilled in the professional calling necessary to perform the Services, and that it shall employ all required proven and tested methods known for successfully implementing the services required to satisfy this contract. Vendor shall also cooperate with the City and any other consultants or contractors engaged by or on behalf of the City in performance of the Project. The Vendor covenants to use its commercially reasonable efforts to perform its duties and obligations under this Agreement in an efficient, expeditious 2 and economical manner, consistent with the best interests of the City and the professional standard of care set forth in this Agreement. SECTIO II RESPOSIBILITIES OF THE VEDOR 1. The Vendor's Responsibilities for Costs and Expenses. Except as otherwise expressly stated herein, the Vendor shall be solely responsible for all costs and expenses incurred relative to the Vendor, personnel of the Vendor and sub-contractors of the Vendor in connection with the performance of the Services, including, without limitation, payment of salaries, fringe benefits contributions, bonding fees, payroll taxes, withholding taxes and other taxes or levies, office overhead expense, travel expenses, telephone and other telecommunication expenses, and document reproduction expenses. 2. Independent Contractor. The Services shall be performed by Vendor or under its supervision. Vendor shall determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The Vendor represents that it possesses the professional and technical personnel required to perform the Services. The City retains Vendor on an independent contractor basis and not as an employee of the City. Vendor retains the right to perform similar or different services for others during the term of this Agreement. The personnel performing the Services on behalf of the Vendor shall at all times be under the Vendor's exclusive direction and control. The Vendor shall pay all expenses, including, without limitation, all wages, salaries, fringe benefit contributions, payroll taxes, withholding taxes, other taxes or levies and all other amounts due such personnel for the Services or due others as a result of the performance by such personnel of the Services. Vendor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to, all reports for social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3. Vendor’s Project Manager. The Vendor shall designate and assign a project manager ("Project Manager"), who shall coordinate all phases of the Services and act as the Vendor’s representative for performance of this Agreement. The Project Manager shall have full authority to represent and act on behalf of the Vendor for all purposes under this Agreement, and shall be available to the City at all reasonable times. The Project Manager shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures employed by Vendor’s personnel, as well as the satisfactory coordination of all portions of the Services under this Agreement. The Vendor designates Alyssa Thingvold be its Project Manager, but reserves the right to appoint another person as Project Manager upon written notice to the City, or to appoint no project manager if none is needed by mutual agreement with the City. 4. Key Personnel. Vendor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Vendor may substitute other personnel of at least equal competence upon written approval of City. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Vendor at the request of the City. 5. Personnel; Licenses. The Vendor represents and warrants that it and all personnel engaged in performing Services are and shall be fully qualified, authorized and permitted under state and local law to perform such Services. The Vendor shall be responsible to City for any errors or omissions in the execution of the 3 Services under this Agreement. The Vendor represents and warrants that it and all personnel and sub- Vendors engaged in performing the Services have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the Services under this Agreement. The Vendor further represents and warrants that it, its employees and sub-contractors shall keep in effect all such licenses, permits, qualifications and other approvals during the term of this Agreement. Any personnel performing Services under this Agreement who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, or a threat to the safety of persons or property, or any personnel who fail or refuse to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Vendor and shall not be re-employed to perform any of the Services or to work on the Project. 6. City Network Security and Integrity. If the Vendor will require access to the City’s computer infrastructure, the Vendor will sign a VPN Vendor Access Agreement with the City, verifying that the Vendor will respect the integrity of City’s network and security protocols. This agreement is attached as Exhibit F. 7. Time of Performance. Vendor shall use commercially reasonable efforts to complete the services covered under and pursuant to this Agreement as directed by the City's Project Administrator by the date of project completion as described in Exhibit D, Project Schedule, (“the Completion Date”), unless earlier terminated as provided herein, or as may be modified by mutual written agreement. Vendor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with any schedule of services mutually acceptable to the Parties. Delays in implementation which are not addressed and rectified may result in the City calling the Performance Bond provided for in Section II-18 of this agreement. Vendor is not responsible for delay in performance caused by hurricanes, tornadoes, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. 8. Software License and Support Agreement. The vendor will provide the software licenses identified in Exhibit A for the City’s use as governed by the Software License and Support Agreement, a copy of which is attached as Exhibit B. 9. Consistency with City Policies. City and Vendor Project Manager shall discuss in advance of all critical decision points all matters relating to the Services in order to ensure that the Services proceed in a manner consistent with the goals and policies of the City. 10. Conformance to Applicable Requirements. All aspects of the provision of the Services by Vendor shall conform to all applicable city, county, state, and federal laws, rules and regulations in effect at the time the services are provided. 11. Prohibition Against Transfers. The Vendor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly by operation of law without the prior written consent of the City. Any attempt to do so without the prior written consent of the City shall be null and void, and any assignee, sub-lessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. 12. Progress. The Vendor is responsible to keep the City Project Manager and/or his or her duly authorized designee informed on a regular basis regarding the status and progress of the Services, activities performed and planned, and any meetings that have been scheduled or are desired relative to the Services or this Agreement. 13. Confidentiality. No news releases, including photographs, public announcements or confirmations of the same, of any part of the subject matter of this Agreement or any phase of the Services shall be made 4 without prior written consent of the City, such consent to not be unreasonably withheld, and provided in a timely manner. The information which results from the Services in this Agreement is to be kept confidential, unless the release of information is authorized by the City. All Report Materials, either created by or provided to Vendor in connection with the performance of this Agreement, shall be held confidential by Vendor. Such materials shall not, without the prior written consent of City, by used by Vendor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Vendor which is otherwise known to Vendor or is otherwise generally known, or has become known, to the related industry, shall be deemed confidential. Vendor shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 14. Georgia Open Records Act. The Vendor acknowledges that this Agreement and certain documentation may be subject to the Georgia Open Records Act (O.C.G.A. § 50-18-70, et seq.). Vendor shall cooperate fully in responding to such requests and shall make all records, not exempt, available for inspection and copying as required by law. Vendor shall clearly mark any information provided to City which Vendor contends is Proprietary Information. Vendor shall notify City immediately of any Open Records request arising out of this contract and shall provide to City a copy of any response to the same. 15. No Set Hours/Right to Contract. The Vendor’s obligation hereunder is to complete the Services in accordance with this Agreement and to meet any deadlines established pursuant to this Agreement. The Vendor has no obligation to work any particular schedule, hours or days, or any particular number of hours or days. However, the Vendor shall coordinate with the City in achieving the results and meeting the goals established pursuant to this Agreement. 16. Accounting Records. Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Vendor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 17. Safety. Vendor shall execute and maintain its Services so as to avoid injury or damage to any person or property. In carrying out its Services, the Vendor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 18. Performance Bond. Within forty-five (45) days of the making of this contract, Vendor shall have obtained a performance bond for the total amount of software and services provided for this project per Exhibit A. Proof of the acquisition of the bond shall be provided to the City and attached to the contract as Exhibit E. 19. Insurance Requirements. The Vendor shall, at all times that this Agreement is in effect, cause to be maintained in force and effect an insurance policy(s) that will ensure and indemnify the City 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 Vendor in performance of the work during the term of this Agreement. 5 SECTIO III RESPOSIBILITIES OF THE CITY 1. Cooperation. The City shall cooperate with the Vendor relative to the provisions of the Services. To the extent permitted by applicable law, the City shall provide criteria and information in its possession, or reasonably obtainable by it, as requested by Vendor, and shall make that information and related data available for Vendor’s use during the performance of this Agreement. The City shall render decisions required by this Agreement within the time indicated, or if not specifically stated, with reasonable promptness so as not to unduly delay the progress of Vendor’s Services. 2. City’s Project Manager and Project Staff. The City shall designate and assign a City project manager (“City Project Manager”) who shall have full authority to represent and act on behalf of the City for all purposes under this Agreement. The City Project Manager, or his/her designee, shall be the principal officer of the City for liaison with the Vendor, and shall review and give approval to the details of the Services as they are performed, in particular, but not exhaustively, Project Plan, Functional Requirement Specifications, Statements of Work, Acceptance Plans, Statements of Completion, Change Order Requests. In addition, the City Project Manager shall ensure proper and timely availability of all City personnel required by the Vendor for successful completion of project tasks, in particular, but not exhaustively, Business and Systems Analysts, IT staff, Subject Matter Experts. The City designates Michele Pearman to be its City Project Manager, but reserves the right to appoint another person as City Project Manager upon written notice to the Vendor. 3. Project Plan. The City shall be responsible for meeting specific milestones and providing specific deliverables that have been agreed to in Exhibit D. Should the City fail to meet the agreed milestones or to provide the agreed deliverables, the Vendor will inform the City of the consequences thereof and reserves the right to modify the project plan accordingly. SECTIO IV COMPESATIO 1. Compensation. In consideration of the performance by Vendor of the Services, the City shall pay to the Vendor compensation at the rates set forth in Exhibit “A” attached hereto and incorporated herein by reference. Total compensation under this Agreement shall not exceed the Total Project amount as indicated in Exhibit “A” without written approval of the City Administrator or the Augusta Commission depending on the amount of the excess and the reason why the initial amount was insufficient. 2. Extra Service. The Vendor shall not receive additional compensation for any extra service unless such extra service has been authorized in writing by the City prior to the commencement of the extra service. The City shall pay the Vendor for extra service in accordance with the fee schedule set forth in Exhibit “A”. As used herein, “Extra Service” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. 3. Payment of Compensation. The Vendor shall submit invoices to the City as defined in the payment milestones in Exhibit D, or on such other basis as may be mutually agreed upon by the Parties. Each 6 invoice will be itemized. The City shall make payments to the Vendor within thirty (30) days following the date of receipt of the invoice, unless the City disputes the amount of the Compensation the Vendor claims it is owed under this Agreement. Any disputed amount shall be handled as discussed herein. 4. Reimbursements. Vendor shall not be reimbursed for any expenses unless they are authorized in writing by City and they are of a type approved in advance as part of this contract. Such reimbursable expenses, if approved, shall include only those expenses which are reasonably and necessarily incurred by Vendor in the interests of the Project. Reimbursable expenses will be paid only at the actual cost to the Vendor, with no mark-up for overhead or profit. Expenses may be included as part of the overall project cost, provided that they are “Not to Exceed” a certain amount as determined by the Vendor. 5. Disputed Sums. The City will withhold up to one hundred percent (100%) of any disputed portion of Compensation until resolution of the dispute with the Vendor. Such withholding shall only take place due to non-performance of the Vendor, with non-performance being defined as the inability to complete the project or parts thereof when Augusta has fulfilled its obligation to the vendor, and shall not be deemed to constitute a failure to pay by the City. The Vendor shall not have the right to allege a breach of this Agreement for failure to pay by the City and to discontinue its performance of the Services hereunder for a period of thirty (30) days from the date Compensation is withheld hereunder. The City’s Project Manager and the Vendor’s Project Manager shall attempt to promptly resolve the dispute. The Vendor shall have an immediate right to appeal to the City Administrator with respect to withheld amounts. The determination of the City Administrator with respect to such matters shall be final, subject to the mediation and arbitration provisions provided herein. Nothing herein shall be construed as limiting the Parties rights to pursue all available legal remedies. 6. This project is in part funded by grant funds supplied by a Federal Grant through Augusta Public Transit. Required Federal clauses as they apply to this agreement are attached as Exhibit G. SECTIO V EXPIRATIO AD TERMIATIO 1. Events of Default. Each of the following events shall constitute an “Event of Default”: A. The Vendor shall fail to observe, perform or comply with any material term, covenant, agreement or condition of this Agreement which is to be observed, performed or complied with by the Vendor, if such failure continues uncured for thirty (30) calendar days after the City gives the Vendor written notice of the failure and the specific nature of such failure. B. The Vendor shall commit any fraud, misrepresentation, breach of fiduciary duty, willful misconduct, or intentional breach of any provision of this Agreement. 2. Termination Upon Event of Default. Failure of the Vendor, which has not been remedied or waived, to perform or otherwise comply with a material condition of the Agreement shall constitute default. The City may terminate this contract is part or in whole upon written notice to the Vendor pursuant to this term. 3. Expiration. Unless extended as provided for herein, this Agreement shall naturally expire on the 7 Completion Date. 4. Payment Upon Termination. Upon a termination of this Agreement, the City shall pay to the Vendor the part of the Compensation which would otherwise be payable to the Vendor with respect to the Services which had been adequately completed as of the date of termination, less the amount of all previous payments with respect to the Compensation. 5. Termination by Vendor: Vendor may terminate this Agreement only upon the substantial breach by the City of a material provision of this Agreement including failure to pay. 6. Termination for Convenience: Upon advance written notice to Vendor, the City may, without cause and without prejudice to any other right or remedy of Vendor, elect to terminate the Agreement. In such case, Vendor shall be paid (without duplication of any items): A. For completed and acceptable work executed in accordance with the terms of the agreement prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such work; B. For expenses incurred prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the contract documents in connection with uncompleted work, plus fair and reasonable sums for overhead and profit on such expenses; C. For all claims, costs, losses and damages incurred in settlement of terminated contracts with subcontractors, suppliers and others, and; for reasonable expenses directly attributable to termination. 7. Termination by Either Party. In the event of termination of this Agreement by either the City or the Vendor, both agree to the following: A. City shall destroy the Program(s) as defined in the Software License and Support Agreement, Exhibit “B”, together with all copies, modifications and merged portions, or B. Return the Program(s) together with all copies, modifications and merged portions to Vendor, or C. City may continue to use the Program(s) with the permission of the Vendor, with no expectation of continued maintenance, support, update, or upgrade. D. In cases referenced according to items A and B above, Vendor shall certify in writing that all proprietary information, data, schema, or documentation belonging to City have either been returned to Licensee or destroyed and vice versa. SECTIO VI GEERAL PROVISIOS 1. Nondiscrimination by the Vendor. The Vendor represents and agrees that the Vendor, its affiliates, subsidiaries, or holding companies do not and will not discriminate against any subcontractor, Vendor, employee, or applicant for employment because of race, religion, color, sex, handicap, national origin or any other protected classification under federal or state law. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment 8 advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 2. City’s Rights to Employ Other Vendors. The City reserves the right to employ other Vendors in connection with this Project. 3. Conflicts of Interest; Prohibited Interests. Vendor maintains and warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Vendor, to solicit or secure this Agreement. Further, Vendor warrants that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Vendor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 4. Subcontracting. The Vendor shall not subcontract any portion of the Services except as expressly stated herein, without prior written consent of the City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 5. Waiver. No waiver of any default shall constitute a waiver of any other breach or default, whether of the same or any other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by other parties shall give the other any contractual right by custom, estoppel, or otherwise. 6. Notices. All notices required hereunder shall be given in writing to the following addresses or such other addresses as the parties may designate by written notice: To the City: Tameka Allen, IT Director 535 Tekfair Street, Building 200 Augusta, GA 30901-2374 T: 706.821.2522 F: 706.821.2530 Copies to: Office of the City Administrator 535 Telfair Street, Suite 910 Augusta, GA 30901 T: 706.821.2400 To the Vendor: Cartegraph Systems, Inc. 3600 Digital Drive Dubuque, IA 52003 Notice shall be deemed received as follows, depending upon the method of transmittal: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail, certified, return receipt requested, as of five (5) days after deposit in the U.S. Mail. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 9 7. Authority to Enter Agreement. The Vendor has all requisite power and authority to conduct its business and to execute, deliver and perform all of its obligations under this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to enter into this Agreement so as to bind each respective Party to perform the conditions contemplated herein. 8. Severability. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect. 9. Time is of the Essence. Time is of the essence in this Agreement, and all parties agree to execute all documents and to proceed with due diligence to complete all covenants and conditions set forth herein. 10. Governing Law and Venue. The law of the State of Georgia shall govern the Contract between City and the Vendor with regard to its interpretation and performance, and any other claims related to this agreement. All claims, disputes and other matters in question between City and Vendor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Vendor, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. 11. Entire Agreement. This Agreement contains the entire agreement of the City and the Vendor, and supersedes any prior or written statements or agreements between the City and the Vendor. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by both Parties. 12. Binding on Assigns. Each and all of the covenants and conditions of this Agreement shall be binding on, and shall inure to, the benefit of the successors and assigns of the respective parties. 13. Captions. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, content or intent of this Agreement. 14. Construction. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language in all parts of this Agreement shall be construed simply, according to its fair meaning and not strictly for or against any party. 15. Cooperation/Further Acts. The Parties shall fully cooperate with one another in attaining the purposes of this Agreement. In connection therewith, the Parties shall take any additional further acts and steps and sign any additional documents as may be necessary, appropriate and convenient to attain the purposes of this Agreement. 16. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 17. Incorporation of Exhibits. The “Exhibits” constitute a material part hereof, and are hereby incorporated into the Agreement by reference as though fully set forth herein. The terms “Attachment”, “Exhibit”, and “Schedule” shall be synonymous for purposes of this agreement. 10 18. References. All references to the Vendor shall include all personnel, employees, agents and sub-Vendors of the Vendor. 19. Go-Live. “Go Live” shall be the date on which the software is expected to be placed into operational use by the Customer. 20. System Acceptance. “System Acceptance” as used herein means the date on which all of the following events have taken place: A. 30 calendar days have passed since “Go-Live”. B. Solution is operating as proposed and there are no outstanding concerns, problems, or issues encountered by the City that hinder the operational use of the system for its intended purpose. 23. Precedence of Documents. For the resolution and interpretation of any inconsistencies in this Agreement and/or the Exhibits or Attachments hereto which are incorporated herein by this reference, the terms and conditions of this Agreement shall take precedence over any Exhibits or Attachments hereto and any inconsistency between the Exhibits and Attachments will be resolved by the priority in which they are listed as Exhibits. 24. Temporary suspension or delay of performance of contract. To the extent that it does not alter the scope of this agreement, Augusta, GA may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by Vendor under this agreement. 25. Defective pricing. To the extent that the pricing provided by Vendor is erroneous and defective, the parties may, by agreement, correct pricing errors to reflect the intent of the parties. 26. Hold harmless. Except as otherwise provided in this agreement, Vendor shall indemnify and hold harmless Augusta, GA, and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from the performance of its Work. 27. Prohibition against contingent fees. The Vendor warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement 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 Vendor for the purpose of securing business and that the Vendor has not received any non-City fee related to this Agreement without the prior written consent of the City. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. 28. Georgia Prompt Pay Act not applicable. The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act. 29. E-Verify Requirement. All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United 11 States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services 30. Right to Inspect Premises. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of Vendor or any subcontractor of Vendor or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. 31. Local Small Business Language: In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Contractor expressly agrees to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE § 1-10-129(d)(7), for all contracts where a local small business goal has been established, the contractor is required to provide local small business utilization reports. Contractor shall report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Director of minority and small business opportunities, and shall be submitted at such times as required by Augusta, Georgia. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from the contractor and/or collecting liquidated damages. 32. Survival. The following sections, along with any other provisions which by their terms survive, shall survive the expiration or termination of this Agreement. A. Section II (6) – City Network Integrity and Security B. Section II (14) - Confidentiality C. Section V (6) - Termination by Either Party D. Section VI (11) - Governing Law and Venue E. Exhibit F – Vendor Network Access Policy 33. Modification Requires Legislative Approval. “Contractor acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to 12 Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts 13 Wherefore the above referenced parties have caused this agreement to be executed in two originals by and through their duly authorized officials: FOR AUGUSTA, GA: FOR Cartegraph Systems, Inc.: By: By: Name: Hardie Davis, Jr. Name: Randy L. Skemp Title: Mayor Title: CRO, Executive VP Sales Date: Date: Attest: Name: Lena Bonner, Clerk of Commission Date: 14 EXHIBIT A VEDOR SOFTWARE & LICESES Vendor Proposal Dated February 16, 2015 is incorporated herein by reference and shall be known as Exhibit A. 15 EXHIBIT B SOFTWARE SUPPORT SERVICES earthmine Annual Software Support Services The support services to be provided hereunder (the “Support Services”) shall consist of: 1. Technical assistance provided by Cartegraph Systems, Inc. to the <client> relating to the software “earthmine” provided, via telephone, email or if Cartegraph determines, onsite. 2. Cartegraph will respond to critical incidents (defined as effecting: security, data integrity or preventing core functions from working). Critical incidents are those affecting all users with no work around. Cartegraph will respond within twenty-four (24) hours or next business day. Resolution will be a priority based on best effort. 3. A support incident is a request by Augusta for Software Support relating to a separate occurrence, event, or problem, which has prompted the request for said Software Support but a work around is possible. Response time within forty-eight (48) hours. Support incident requests to be sent to support@cartegraph.com or by phone at 800-688-2656 x6200. 4. Resolution will be based on availability to resources on a best effort. Upgrades to the base earthmine software application are provided as required. Please send submission of problems via email for enhancement requests to support@cartegraph.com. Additional Services At the request of the Augusta and with its consent, Cartegraph may also provide technical, operational or other assistance or consulting to Augusta in excess of the amount included in the Annual Support at Cartegraph’s standard daily rate, then in effect. Conditions The termination of the Support Services agreement can occur by failure to renew at the anniversary date. Cartegraph makes no warranty, express or implied, including the merchantability or warranty of fitness for a particular purpose of any kind whatsoever, and all such warranties are hereby excluded by Cartegraph and waived by Augusta. Cartegraph shall have no liability with respect to its obligations under this agreement for consequential, exemplary, incidental or punitive damages. In any event, Cartegraph’s maximum liability to Augusta shall be limited to the amounts actually paid to Cartegraph during the immediate twelve (12) month agreement term. 16 EXHIBIT C Removed 17 EXHIBIT D PROJECT SCHEDULE *All dates are tentative and subject to change based on mutual agreement of Augusta and Cartegraph. Event Projected Completion Date* Status / Comments Selection of Vendor 4th Quarter 2014 COMPLETE Contract Negotiation January 2015 Approval of Contract by Law Department February 2015 Administration / Commission Approval March 2015 Contract Signing March 2015 Initial Billing for Software Licenses (100% of Software & Services) Billable upon contract signing Billable upon contract signing Implementation (Go Live) To Be Determined Will be scheduled pending arrival of equipment that must be ordered by Augusta IT and installation of infrastructure and equipment as needed. Implementation Billing 30% of pavement and/or street level mapping services, $53,960.01 To Be Determined Due upon commencement of pavement and/or street level mapping services Implementation Billing 30% of pavement / street level mapping services, $53,960.01 To Be Determined Due upon field completion of pavement and/or street level mapping services Implementation Billing 30% of pavement / street level mapping services, $53,960.01 To Be Determined Due upon completion of AQ/QC Process for Collected Data Acceptance Testing To Be Determined Final Delivery + 30 calendar days Implementation Billing 10% pavement and/or street level mapping services, $17,986.97 To Be Determined Due at conclusion of Acceptance Testing System Acceptance At completion of acceptance testing Pending completion of system requirements *All dates are subject to change upon mutual agreement of Augusta and Vendor. 18 EXHIBIT E PERFORMACE BOD (TO BE ACQUIRED WITHI 45 DAYS OF PROJECT APPROVAL) 19 EXHIBIT F VEDOR REMOTE ETWORK ACCESS POLICY AD PROCEDURES Purpose The purpose of this policy is to ensure that a secure method of connectivity is provided between Augusta- Richmond County and the vendor and to provide guidelines for the use of the network and computing resources associated with the remote connectivity in order to ensure the safety, integrity, and operability of Augusta- Richmond County Information Systems. Scope This policy applies to all Augusta-Richmond County systems, application and/or servers/devices requiring support by external vendors on behalf of Augusta-Richmond County. Definitions A Virtual Private Network (VPN) provides a secure network connection over the Internet between an individual and a private network (164 bit encryption). By utilizing the public Internet for data transport, VPN provides a low cost solution to remote access or connectivity. Policy A. Vendor Remote Access Request and Approvals 1. All requests for remote access for vendors must be made in advance through the Project Leader responsible for the vendor. It is the Project Leader’s responsibility to ensure that the vendor has provided all of the required information in the proper format. 2. All vendor remote access requests must first have the Assistant Director of the Business Application Services signature for approval as well as the Director of Information Technology. 3. As part of the request and approval process, the technical and administrative contact within the vendor’s organization or someone at a higher level within the company will be required to read and sign the VPN Access policy form and any additional documents, such as the Augusta-Richmond County Non- Disclosure Agreement. 4. Once Vendor Remote Access has been approved, it is valid until changes in this policy or technology make it necessary, in Augusta’s estimation, to require a new form to be filed. 5. Remote Access will only be available to Vendors that have signed Annual Support and Maintenance Contracts with Augusta. B. Connectivity 1. The vendor will be required to use Augusta-Richmond County’s standard method for connecting to the network. The current standard method is Cisco’s VPN client. 2. The vendor will be given a unique user ID and password to authenticate the VPN access. The password may be subject to regular changes. 20 3. Only one person may be connected to the VPN at any given time. 4. Access will be restricted to only the servers located in IT that were approved for the vendor. 5. Access will be restricted to only the ports necessary for connectivity. 6. Access will not be open 24/7. The vendor must request access every time it is necessary and only during business hours of 8:30am – 5:00pm EST. Access outside of these hours may be requested but will need additional approval and will be handled on a case by case situation. C. Vendor Request Process 1. The vendor will contact the Project Leader to request access. 2. The Project Leader is responsible for logging the request for access and justification in the change control log. 3. The Project Leader will document reason for access and email Firewall Administrators to have the VPN opened. 4. A firewall administrator will open the VPN and reply to the Project Leader’s email notifying them it has been opened. 5. Once the vendor has completed their work and the application has been tested, they will notify the Project Leader that the work is complete. D. etwork Security 1. Vendor will allow only the vendor’s employees approved in advance by Augusta-Richmond County to access the network connection. Vendor shall be solely responsible for ensuring that Authorized Vendor Employees are not security risks, and upon Augusta-Richmond County’s request, Vendor will provide Augusta-Richmond County with any information reasonably necessary for Augusta-Richmond County to evaluate security issues relating to any Authorized Vendor Employee. 2. Vendor will promptly notify Augusta-Richmond County whenever any Authorized Vendor Employee leaves the Vendor’s employ or no longer requires access to the Network Connection. 3. Each party will be solely responsible for the selection, implementation and maintenance of security procedures and policies that are sufficient to ensure that (a) such party’s use of the Network Connection is secure and is used only for authorized purposes, and (b) such party’s business records and data are protected against improper access, use, loss, alteration or destruction. 4. Vendor shall notify Augusta-Richmond County in writing promptly upon a change in the user base for the work performed over the Network Connection or whenever in vendor’s opinion a change in the connection and/or functional requirements of the Network Connection is necessary. E. Protection of Augusta-Richmond County Private Information and Resources The Augusta-Richmond County network support group responsible for the installation and configuration of a specific vendor connection must ensure that all possible measures have been taken to protect the integrity and privacy of Augusta-Richmond County confidential information. At no time should Augusta-Richmond County rely on access/authorization control mechanisms at the vendor’s site to protect or prohibit access to Augusta-Richmond County confidential information. 21 Augusta-Richmond County shall not have any responsibility for ensuring the protection of vendor information. The vendor shall be entirely responsible for providing the appropriate security measures to ensure protection of their private internal network and information. F. Audit and Review of Vendor etwork Connections All aspects of the vendor network connections up to, but not including Augusta-Richmond County firewall, will be monitored by the appropriate IT staff. Where possible automated tools will be used to audit tasks. Monthly reports should be generated on the authentication database showing the specific login entries. All vendor network connections will be reviewed on a quarterly basis and information regarding specific vendor network connection will be updated as necessary. Obsolete vendor network connections will be terminated following confirmation with the Project Leader that the connection is indeed obsolete. G. Augusta-Richmond County IT Security Augusta-Richmond County IT Security has the responsibility for maintaining related policies and standards. IT Security will also provide advice and assistance regarding judgment calls, and will facilitate information gathering in order to make a correct decision. H. Enforcement Any vendor found in violation of this policy will be subject to, but not limited to, loss of VPN privileges and other action up to and including dissolution of contract and/or legal action if Augusta systems are compromised. 22 EXHIBIT G FTA CLAUSES INCORPORATED BY REFERENCEFTA CLAUSES INCORPORATED BY REFERENCEFTA CLAUSES INCORPORATED BY REFERENCEFTA CLAUSES INCORPORATED BY REFERENCE This agreement incorporates by reference the following Federal Transit Administration required clauses with the same force and effect as set forth in full in the main text of the agreement. It is understood and agreed that the Contractor is obligated by and to Augusta, Georgia (hereinafter referred to as Augusta, Georgia) for any specifications or documentation required of Augusta, Georgia under these clauses. Master Grant Agreement FTA MA (21) dated October 1, 2013: http://www.fta.dot.gov Circular 4220.1F, dated November 1, 2008, Rev. 3/18/2013: http://www.fta.dot.gov/legislation_law/12349_8641.html FTA’s Best Practices Procurement Manual (BPPM), offers suggested procedures, methods, and examples on conducting third party procurements to assist in meeting the standards of FTA Circular 4220.1F. The BPPM is available at: http://www.fta.dot.gov/funding/thirdpartyprocurement/grants_financing_6037.html The Code of Federal Regulations (CFR) website is available at: http://www.gpoaccess.gov/cfr/index.html. 1. No Government Obligation to Third PartiesNo Government Obligation to Third PartiesNo Government Obligation to Third PartiesNo Government Obligation to Third Parties. The contractor agrees, absent express written consent of the Federal Government, that the Federal Government is not a party to the contract and shall not be subject to any obligations or liabilities to any third party contractor, or any sub-recipient, or any other party pertaining to any matter resulting from this contract or purchase order. The contractor agrees to include a similar provision in each subcontract financed in whole or in part with federal assistance provided by the FTA. 2. Program Fraud and False or Fraudulent StatementsProgram Fraud and False or Fraudulent StatementsProgram Fraud and False or Fraudulent StatementsProgram Fraud and False or Fraudulent Statements. The contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC §3801, et seq., and U.S. Department of Transportation regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its activities in connection with this contract or purchase order. Upon execution of the underlying contract, the contractor certifies and affirms the truthfulness and accuracy of any statement it has made, causes to be made, makes, or may make pertaining to the contract or the underlying FTA assisted project for which this contract or purchases order is being performed. In addition to other penalties that may apply, the contractor further acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the contractor to the extent the Federal Government may deem appropriate. The contractor also acknowledges that if it makes or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government in connection with an urbanized area formula project financed with federal assistance authorized for 49 USC §5307, the Federal Government reserves the right to impose the penalties of 18 USC §1001 and 49 USC §5307(n) (1) on the contractor, to the extent the Federal Government deems appropriate. The contractor agrees to include the above stated provisions in each subcontract financed in whole or in part with federal assistance provided by the FTA. Contractor shall not modify the above stated provisions except to identify the subcontractor who will be subject to the 23 provisions. 3. Access to RecordsAccess to RecordsAccess to RecordsAccess to Records. a) The contractor agrees to provide Augusta Georgia, the FTA Administrator, the Comptroller General of the United States, or any of their authorized representatives, access to any books, documents, papers, and records of the contractor which are directly pertinent to this contract for the purposes of making audits, inspections, examinations, excerpts, transcriptions, and reports. Contractor further agrees to provide Augusta Georgia, the FTA Administration or their authorized representatives or agents access to contractor’s records and construction sites pertaining to a major capital project as defined at 49 USC 5302(a)1 which is receiving federal financial assistance through any program described at 49 USC 5307, 5309 or 5311. The contractor shall require its subcontractors to provide access to their books, documents, papers and records to the representatives identified above for the purposes described herein. b) The contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as may be reasonably requested. c) Contractor also agrees, pursuant to 49 CFR 633.17, to provide the FTA Administrator or authorized representative (including a Project Management Oversight (PMO contractor) access to contractor’s construction sites and records pertaining to a major capital project, defined at 49 USC §5302(a)(1), which is receiving federal financial assistance through the programs described at 49 USC §§5307, 5309, or 5311. d) The contractor further agrees to maintain all books, records, accounts, and reports required under this contract for a period of not less than three (3) years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case contractor agrees to maintain same until Augusta Georgia, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims, or exceptions related thereto. See also 49 CFR 18.39(i)(11). 4. Federal ChangesFederal ChangesFederal ChangesFederal Changes. The contractor shall at all times comply with all applicable FTA regulations, policies, procedures, and directives, including without limitation those listed directly or by reference in the Master Grant Agreement (FTA MA(19) dated October 1, 2012) between Augusta Georgia and the FTA, as they may be promulgated or amended from time to time during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this contract. The contractor agrees to include the above stated provision in each subcontract financed in whole or in part with federal assistance provided by the FTA. 5. Civil RightsCivil RightsCivil RightsCivil Rights. The following requirements apply to this purchase order or contract: a. NondiscriminationNondiscriminationNondiscriminationNondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 USC §2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 USC §6102, section 202 of the Americans with Disabilities Act of 1990, as amended, 42 USC §12132, and Federal transit law at 49 USC §5332, as each may be amended from time to time, the contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, 24 national origin, sex, age, or disability. In addition, the contractor agrees to comply with all applicable federal implementing regulations and any other implementing requirements FTA may issue. b. Equal Employment OpportunityEqual Employment OpportunityEqual Employment OpportunityEqual Employment Opportunity. The following equal opportunity requirements apply to this purchase order or contract: (1) Race, Color, Creed, National Origin, SexRace, Color, Creed, National Origin, SexRace, Color, Creed, National Origin, SexRace, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 USC §2000e, and Federal transit laws at 49 USC §5332, the contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 CFR Parts 60, et seq., (which implement Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” 42 USC §2000e note), and with any other applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the project. The contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the contractor agrees to comply with any implementing requirements FTA may issue. (2) AgeAgeAgeAge. In accordance with Section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 USC §623 and federal transit law at 49 USC §5332, the contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, contractor agrees to comply with any implementing requirements FTA may issue. (3) DisabilitiesDisabilitiesDisabilitiesDisabilities. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 USC §12112, the contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR Part 1630, pertaining to employment of persons with disabilities. In addition, the contractor agrees to comply with any implementing requirements FTA may issue. c. The contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only to identify the affected parties. 6. Incorporation of FedIncorporation of FedIncorporation of FedIncorporation of Federal Transit Administration (FTA) Termseral Transit Administration (FTA) Termseral Transit Administration (FTA) Termseral Transit Administration (FTA) Terms. This contract, agreement or purchase order shall be deemed to include and does hereby incorporate by reference all standard terms and conditions required by the U.S. DOT and FTA, regardless of whether expressly set forth in this attachment or in the 25 contract and include, but are not limited to, all of the duties, obligations, terms and conditions applicable to the Project or contract as described in FTA Circular 4220.1F, dated November 1, 2008, Rev. 3/18/2013, and the FTA’s Master Grant Agreement with Augusta Georgia (FTA MA(19) dated October 1, 2012), as each may be amended from time to time. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with any other provisions contained in the contract, agreement or purchase order. The contractor shall not perform any act, fail to perform any act, or refuse to comply with any requirement which would cause the Augusta, Georgia to be in violation of its Agreement with FTA, or Augusta, Georgia to be in violation of any FTA terms and conditions applicable to this Project of any grant the Augusta, Georgia may have with FTA. The contractor agrees to include the above stated provision in each subcontract financed in whole or in part with federal assistance provided by the FTA. 7. Energy ConservationEnergy ConservationEnergy ConservationEnergy Conservation. The contractor agrees to comply with mandatory standards and policies related to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. The contractor further agrees to include a similar provision in each subcontract financed in whole or in part with federal assistance provided by FTA. 8. Termination for Convenience or DefaTermination for Convenience or DefaTermination for Convenience or DefaTermination for Convenience or Defaultultultult. Augusta, Georgia may terminate this contract, in whole or in part, at any time by written notice to the contractor when it is in the Augusta, Georgia’s, as the recipient of FTA grants funds that support the Project, best interests. The contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The contractor shall not have a claim for and shall not be paid any lost profits or damages if terminated for cause (default) or convenience. Contractor hereby waives and releases Augusta, Georgia from any claims for damages or lost profits as a result of a termination for default or convenience of the government, and acknowledges and agrees that it shall have no such claims against Augusta, Georgia. The contractor shall promptly submit its termination claim to Augusta, Georgia. If the contractor has any property in its possession belonging to the Augusta, Georgia, the contractor will account for the same, and dispose of it in the manner Augusta, Georgia directs, with the concurrence of Augusta, Georgia. If the contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension, or if the contractor fails to comply with any other provisions of this contract, Augusta, Georgia may terminate this contract for default. e Augusta, Georgia may terminate this contract for default by delivering to the contractor a Notice of Termination specifying the nature of the default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the contractor has possession of Augusta, Georgia owned goods, the contractor shall, upon direction of Augusta, Georgia’s contract administrator with the consent of the Augusta, Georgia if any of the goods are owned by or have been paid for by Augusta, Georgia, protect and preserve the goods until surrendered to Augusta, Georgia or its agent. The contractor and Augusta, Georgia shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved in accordance with the contract or purchase order, applicable law and the Breaches and Disputes Resolution clause set forth below. If, after termination for failure to fulfill contract obligations, it is determined that the contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Augusta, Georgia. Similar provisions apply to purchase orders and contracts for construction and architect/engineering services. 9. GovernmentGovernmentGovernmentGovernment----Wide Debarment and SuspensionWide Debarment and SuspensionWide Debarment and SuspensionWide Debarment and Suspension. If this contract or purchase order has a value of $25,000 or more, this procurement is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor 26 is required to verify that neither the contractor or its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor agrees to comply with and assures compliance of each third-party contractor and sub-recipient at any tier, with 49 CFR 29, Subpart C, while its proposal, offer or bid is pending and throughout the period that any contract arising out of such offer, proposal or bid is in effect. The contractor further agrees to include a provision requiring such compliance in its subcontracts or any lower tier covered transaction it enters into. 10. Buy America RequirementsBuy America RequirementsBuy America RequirementsBuy America Requirements.... The Contractor agrees to comply with 49 U.S.C. §5232 (j) and 49 CFR Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by the FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7 and included final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by the Chrysler Corporation, microcomputer equipment, software, and small purchases (currently less than $100,000) made with capital, operating or planning funds. Separate requirements for rolling stock are set out in 5323(j) (2) (C) and 49 CFR 661.11. Rolling stock not subject to a general waiver must be manufactured in the United States and have a 60 percent domestic content. A bidder must submit to Augusta, Georgia the appropriate Buy America certification located in the Attachments with all bids on FTA funded Contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as non-responsive. This requirement does not apply to lower tier subcontractors. 11. Breaches and Dispute ResolutionBreaches and Dispute ResolutionBreaches and Dispute ResolutionBreaches and Dispute Resolution. FTA Circular 4220.1F imposes the requirements at 49 CFR part 18 upon all contracts in excess of $100,000, which contain provision of conditions that allow for administrative, contractual, or legal remedies where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. Accordingly, should the provisions of this contract not address a particular subject or issue involving disputes, performance during disputes, claims for damages, remedies, or rights and remedies, the contractor agrees to comply with the provisions contained at 49 CFR Part 18, and further agrees to include a similar provision in all subcontracts over $100,000. 12. LobbyingLobbyingLobbyingLobbying. Contractors who apply or bid for an award of $100,000 or more shall file the certification required by U.S. Department of Transportation regulation, “New Restrictions on Lobbying,” 49 CFR Part 20, modified as necessary for 31 USC §1352. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 USC §1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-federal funds with respect to that federal contract, grant, or award covered by 31 USC §1352. Such disclosures are forwarded from tier to tier up to the recipient. 13. Clean AirClean AirClean AirClean Air. The Clean Air requirements apply to all contracts exceeding $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 USC §7401, et seq. The contractor agrees to report each violation to Augusta, Georgia and agrees that Augusta, Georgia will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA regional office. The contractor further agrees to include these requirements in each 27 subcontract exceeding $100,000 financed in whole or in part with federal assistance provided by FTA. 14. Clean WaterClean WaterClean WaterClean Water. If this purchase order or contract is valued at $100,000 or more, the contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq. The contractor agrees to report each violation to Augusta Georgia and agrees that Augusta Georgia will, in turn, report each violation as required to assure notification to the FTA and the appropriate EPA regional office. The contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with federal assistance provided by FTA. 15. Cargo PreferenCargo PreferenCargo PreferenCargo Preference Requirements. Use of United Statesce Requirements. Use of United Statesce Requirements. Use of United Statesce Requirements. Use of United States----Flag Vessels.Flag Vessels.Flag Vessels.Flag Vessels. The Contractor agrees: (1) to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels. (2) to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 days following the date of loading for shipments originating outside the United States, a legible copy of a rated, “on-board” commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington D.C. 20590 and the FTA recipient (through the Contractor in the case of a subcontractor’s bill-of lading.) (3) to include these requirements in all subcontracts issued pursuant to the contract when the subcontract may involve the transport of equipment, materials, or commodities by ocean vessel. 16. Fly AmericaFly AmericaFly AmericaFly America. The contractor agrees to comply with 49 USC 40118 (the “Fly America” Act) in accordance with the General Services Administration regulations at 41 CFR part 301-10, which provide that recipients and sub-recipients of federal funds and their contractors are required to use U.S. Flag air carriers for U.S. Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The contractor shall submit, if a foreign air carrier is used, an appropriate certification or memorandum adequately explaining why service by a U.S. Flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certification of compliance with the Fly America requirements. The contractor agrees to include this requirement in all subcontracts that may involve international air transportation. 17. Disadvantaged Business EnterpriseDisadvantaged Business EnterpriseDisadvantaged Business EnterpriseDisadvantaged Business Enterprise. Contracts over $3,000 awarded on the basis of a bid or proposal offering to use DBEs This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation 28 by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The recipient’s overall goal for DBE participation is listed elsewhere. If a separate contract goal for DBE participation has been established for this procurement, it is listed elsewhere. The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the municipal corporation deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). If a separate contract goal has been established, Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. If no separate contract goal has been established, the successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work from the recipient. In addition, the contractor may not hold retainage from its subcontractors or must return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed or must return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor’s work by the recipient and contractor’s receipt of the partial retainage payment related to the subcontractor’s work. The contractor must promptly notify the recipient whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the recipient. Contract Assurance: 26.13b Contract Assurance: 26.13b Contract Assurance: 26.13b Contract Assurance: 26.13b The contractor, sub-recipient, or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Prompt Payment: 26.29(a) Prompt Payment: 26.29(a) Prompt Payment: 26.29(a) Prompt Payment: 26.29(a) The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contract receives from Augusta, Georgia. Any delay or postponement of payment from the above referenced time 29 frame may occur only for good cause following written approval of the Augusta, Georgia. This clause applies to both DBE and non-DBE subcontracts. Retainage: 26.29(b) Retainage: 26.29(b) Retainage: 26.29(b) Retainage: 26.29(b) (a) Augusta, Georgia will ensure prompt and full payment of retainage from the prime contractor to the subcontractor within thirty (30) days after the subcontractor’s work is satisfactorily completed by using one or more of the following methods: (1) Declining to hold retainage from prime contractors and prohibiting prime contractors from holding retainage from subcontractors. (2) Declining to hold retainage from prime contractors and requiring a contract clause obligating prime contractors to make prompt and full payment of any retainage kept by prime contractor to the subcontractor within thirty (30) days after the subcontractor's work is satisfactorily completed. (3) Holding retainage from prime contractors and providing for prompt and regular incremental acceptances of portions of the prime contract, pay retainage to prime contractors based on these acceptances, and require a contract clause obligating the prime contractor to pay all retainage owed to the subcontractor for satisfactory completion of the accepted work within thirty (30) days after Augusta, Georgia’s payment to the prime contractor. (4) Requiring a contract clause that requires prime contractors to include in their subcontracts language providing that prime contractors and subcontractors will use appropriate alternative dispute resolution mechanisms to resolve payment disputes. (5) Requiring a contract clause providing that the prime contractor will not be reimbursed for work performed by subcontractors unless and until the prime contractor ensures that the subcontractors are promptly paid for the work they have performed. (b) Augusta, Georgia shall have the power and authority to enforce all of the provisions of this subsection and may implement suspension and debarment for non-compliance as provided in Chapter 10 of the AUGUSTA, GEORGIA CODE. MONITORING AND ENFORCEMENT MECHANISMS 26.37MONITORING AND ENFORCEMENT MECHANISMS 26.37MONITORING AND ENFORCEMENT MECHANISMS 26.37MONITORING AND ENFORCEMENT MECHANISMS 26.37 Augusta, Georgia will take the following monitoring and enforcement mechanisms to ensure compliance with 49 CFR Part 26. (a) Augusta, Georgia will bring to the attention of the Department of Transportation any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in 49 CFR Part 26. (b) Augusta, Georgia will consider similar action to the extent permitted by applicable law, including making responsibility determination in future contracts and solicitations. The DBE Liaison Officer 30 and appropriate staff will make prompt compliance determinations regarding contractors. Documentation of non-compliance will include the specific areas in which the contractor failed to comply. In these instances, appropriate action, consistent with the DBE Program and contract provision will be taken. (c) Augusta, Georgia will also provide a monitoring and enforcement mechanism to verify that work committed to DBEs at contract award is actually performed by the DBEs. This will be accomplished by direct observation. Along with written certification in conjunction with monitoring of contract performance (i.e. DBE pay application and certification). (d) The DBE Liaison Officer shall, for every project subject to the DBE Program, keep and maintain a running tally of actual DBE attainments (i.e. payments actually made to subcontractors), including a means of comparing these attainments to commitments. ADMINISTRATIVE RECONADMINISTRATIVE RECONADMINISTRATIVE RECONADMINISTRATIVE RECONSIDERATIONSIDERATIONSIDERATIONSIDERATION 26.53(d)26.53(d)26.53(d)26.53(d) (a) Within five days of being informed by Augusta, Georgia that it is not responsive because it has not documented sufficient good faith efforts, a bidder/offeror may request administrative reconsideration. Bidder/offerors should make this request in writing to the following Reconsideration Official: Administrator of Augusta, Georgia 530 Greene Street, Room 801 Augusta, Georgia 30901 (706) 821-2400 (b) The Reconsideration Official will not have played any role in the original determination that the bidder/offeror did not document sufficient good faith efforts. (c) As part of this reconsideration, the bidder/offeror will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder/offeror will have the opportunity to meet in person with the Reconsideration Official to discuss the issue of whether it met the goal or made adequate good faith efforts to do so. The Reconsideration Official will send the bidder/offeror a written decision on the reconsideration, explaining the basis for the decision. The result of the reconsideration process is not administratively appealable to the Department of Transportation. ADDITIONAL TERMS AND CONDITIONS ADDITIONAL TERMS AND CONDITIONS ADDITIONAL TERMS AND CONDITIONS ADDITIONAL TERMS AND CONDITIONS DBE GOAL:DBE GOAL:DBE GOAL:DBE GOAL: DBE COTRACT GOAL As required by 49 CFR Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Programs”, the Augusta Transit will annually adopt an overall DBE goal for goods and services procured under the federally- assisted contracts. While the expected percentage of DBE participation may vary from contract to contract, the Augusta Transit 31 sets a goal that it believes the overall goal to be realistically obtainable over the year. The Contract DBE GOAL for Earthmine Software is race-neutral Good Faith Efforts when a DBE is Terminated/Replaced on a Contract with Contract Goals: 26.53(f)Good Faith Efforts when a DBE is Terminated/Replaced on a Contract with Contract Goals: 26.53(f)Good Faith Efforts when a DBE is Terminated/Replaced on a Contract with Contract Goals: 26.53(f)Good Faith Efforts when a DBE is Terminated/Replaced on a Contract with Contract Goals: 26.53(f) Augusta, Georgia requires that prime contractors not terminate a DBE subcontractor listed on a bid/contract with a DBE contract goal without Augusta, Georgia’s prior written consent. Prior written consent will only be provided where there is “good cause” for termination of the DBE firm, as established by Section 26.53(f)(3) of the DBE regulation. Before transmitting to Augusta, Georgia its request to terminate, the prime contractor must give notice in writing to the DBE of its intent to do so. A copy of this notice must be provided to Augusta, Georgia prior to consideration of the request to terminate. The DBE will then have five (5) days to respond and advise Augusta, Georgia of why it objects to the proposed termination. In those instances where “good cause” exists to terminate a DBE’s contract, Augusta, Georgia will require the prime contractor to make good faith efforts to replace a DBE that is terminated or has otherwise failed to complete its work on a contract with another certified DBE, to the extent needed to meet the contract goal. We will require the prime contractor to notify the DBE Liaison officer immediately of the DBE’s inability or unwillingness to perform and provide reasonable documentation. In this situation, we will require the prime contractor to obtain our prior approval of the substitute DBE and to provide copies of new or amended subcontracts, or documentation of good faith efforts. If the contractor fails or refuses to comply in the time specified, our contracting office will issue an order stopping all or part of payment/work until satisfactory action has been taken. If the contractor still fails to comply, the contracting officer may issue a termination for default proceeding. The following language in Major Contracts oveThe following language in Major Contracts oveThe following language in Major Contracts oveThe following language in Major Contracts over $50,000: r $50,000: r $50,000: r $50,000: The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this contract. It is the policy of the Augusta, Georgia to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. All firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidders/offerors, including those who qualify as a DBE. The bidder/offeror shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26 (Attachment 1), to meet the contract goal for DBE participation in the performance of this contract. The bidder/offeror will be required to submit the following information: (1) the names and addresses of DBE firms that will participate in the contract; (2) a description of the work that each DBE firm will perform; (3) the dollar amount of the participation of each DBE firm participating; (4) Written documentation of the bidder/offeror’s commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; (5) Written confirmation from the DBE that it is participating in the contract as provided in the commitment made under (4); and (5) if the contract goal is not met, evidence of good faith efforts. 32 18. RECYCLED PRODUCTS.RECYCLED PRODUCTS.RECYCLED PRODUCTS.RECYCLED PRODUCTS. The Contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA) as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 19. Notification of FedeNotification of FedeNotification of FedeNotification of Federal Participation.ral Participation.ral Participation.ral Participation. To the extent required by law, in the announcement of any third party contract award for goods and services (including construction services) having an aggregate value of $500,000 or more, contractor shall specify the amount of Federal assistance to be used in financing that acquisition of goods and services and to express that amount of Federal assistance as a percentage of the total cost of the third party contract. To: Michael Blanchard Organization: City of Augusta From: Lorie Goodmann Date: February 16, 2015 RE: Cartegraph Sales Contract Attached, please find a Contract from your Sales representative at Cartegraph Systems, Inc. We are pleased with the prospect of serving you and hope this meets with your approval. Should the products and/or services and the associated pricing terms be agreeable to you as stated, please sign in the area indicated and return all pages of the Contract to Cartegraph by one of the following means:  By email – loriegoodmann@cartegraph.com  By fax – (563)556-8149, Attn: Lorie Goodmann  By mail – Cartegraph Attn: Lorie Goodmann 3600 Digital Drive Dubuque, IA 52003 Should you have any questions about the contents of the Contract, please contact your Sales representative at (800) 688-2656. Thank you! Cartegraph Systems, Inc. Software and Services Contract C1401038-3 Prepared for City of Augusta, GA February 16, 2015 Cartegraph Systems, Inc. | 3600 Digital Drive | Dubuque, Iowa 52003 800.688.2656 | 563.556.8120 | 563.556.8149 fax www.cartegraph.com C1401038-2 3 Table of Contents Software and Services Contract ........................................................................................................ 4 Scope of Project ................................................................................... 4 Project Services .................................................................................................................................... 5 Customer Responsibilities .................................................................................................................. 5 Investment Summary .............................................................................. 7 Not-to-Exceed Contract ...................................................................................................................... 7 Software Subscription, Maintenance and Support Services Terms/Renewal ........................ 7 Payment Terms and Conditions ........................................................................................................ 7 General Terms ...................................................................................... 9 City of Augusta, GA February 16, 2015 C1401038-2 4 Software and Services Contract Cartegraph is pleased to present this Contract for the implementation of world class technology solutions in your organization. This Contract is made and entered into between City of Augusta, hereinafter referred to as “Customer” or “Licensee,” whose address is noted below, and Cartegraph Systems, Inc., 3600 Digital Drive, Dubuque, Iowa 52003, hereinafter referred to as “Cartegraph.” Customer address: City of Augusta 530 Green Street Annex 101 Augusta, GA 30901 Licensee address: Same Scope of Project GENERAL DATA COLLECTION SERVICES Project Orientation Upon project award /notice- to-proceed the Cartegraph project manager will schedule a project initiation (kick-off) meeting in conjunction with the client project team. During this meeting the entire team will review the proposed project work plan, including scope of work, QA/QC Plan, budget, schedule, and deliverables. The kick-off meeting will include:  Introduction of the project team and their respective responsibilities  Review the scope of work  Review the work plan & schedule ~ milestone dates for data review, delivery & acceptance  Review the proposed Quality Management Plan (QMP) and expectations  Information Exchange – (gathering history, background, levels of service measures, decision making framework, and all available data)  Identification of the Client’s best practices on pavement management. This component will provide an understanding of project success for both the Client and Cartegraph team. Inception Report The purpose of the inception report is to summarize the discussions from the Project Initiation (kick-off) meeting. This includes a final work plan, scope of work modification and unique project conditions and scheduling timelines that were not outlined in the proposal. Quality Management Plan (QMP) The Quality Management Plan will lay out all the quality management responsibilities for this assignment so the Client has a complete understanding of our work plan. The QMP plan will be submitted to the Client for review and approval before any project work will begin. Key Items include:  Survey Procedures ~ methodology and rating manual  QA/QC Program ~ field calibration and data validation  Data Management ~ data transfer and delivery  System / Engineering ~ IT and engineering requirements  Traffic Management & Safety ~ appropriate traffic control requirements  Environmental Management System (EMS)~ environmental impact reduction plan Final Report The final report will include the overall summary of the scope of work, data statistics, Quality Management Plan (QMP), delivery results and recommendations for future contracts. The final report will include a separate Executive Summary of the project with brief overview of the project activities, outputs and achievements for distributing to wider audience such as senior management or the general public. City of Augusta, GA February 16, 2015 C1401038-2 5 DATA SERVICES – STREET LEVEL MAPPING High Res 360º Spherical Video Concurrent with the pavement condition survey, mobile data collection units will gather high-resolution 360 degree geo-referenced right-of-way (ROW) digital video along with stereo digital imagery scanning. This mobile mapping system gives the ability to inventory infrastructure assets (such as signs, drainage, and curb ramps) with a high level of accuracy. This video will be provided with viewing software to allow road right-of-ways to be viewed in the office environment (“virtual field trip”), thus reducing lengthy field trips required for site investigations. EARTHMINE VIEWING SOFTWARE Includes a cloud license of the earthmine viewing software, with available plug-ins for ArcGIS. Annual fees to keep this software active will be required. The cloud license includes unlimited usage by Client employees while the software is active. Quote Assumptions  Earthmine imagery and point cloud data capture (will include all imagery processed and delivered to cloud)  Capture interval 10 meter  Includes one time mobilization (to Augusta, GA)  Up to 3,362 miles of data capture at street level of publically accessible maintained roadways throughout Augusta. Earthmine Cloud includes unlimited installation and usage of earthmine client software, software development tools, and hosting services for 1 year. Customer Responsibilities Customer accepts responsibility for all aspects of project planning, management and execution not specifically described under Scope of Project. Ongoing management of the day-to-day allocation of Customer resources, and management of Customer project tasks is the responsibility of Customer. Customer will provide overall guidance and direction for the project and will direct the project accordingly. Further, and with regard to the Cartegraph obligations listed under the Scope of Project section, Customer understands that it is vital to the success of the project that Customer provides assistance in the following matters: 1. For those services listed under Project Services, Cartegraph personnel will conduct information gathering and evaluation sessions with various Customer users and management. While Cartegraph respects the time and workload of Customer staff, dedicated time on the part of the appropriate Customer resources is necessary to complete these exercises. 2. The installation process requires the periodic assistance of Customer personnel and suitable access to hardware and systems (e.g., security clearance). Customer is encouraged to supervise the installation process while systems are accessible to Cartegraph. It is assumed all hardware, both Personal Computers and Network and Database servers, will be installed and operating in a manner that delivery and execution of Cartegraph Project Services will not be impeded. 3. Customer understands that the successful performance of Project Services depends upon Customer fulfilling its responsibilities. The Project assumes that Customer will provide all personnel required to achieve a successful implementation. 4. Customer shall install and network its own hardware and communications and this will not affect the timing or the delivery of Cartegraph services. 5. Customer will provide Internet access and IT staff support as required. For those services that are web-based, Cartegraph utilizes WebEx Meeting technology. City of Augusta, GA February 16, 2015 C1401038-2 6 6. Customer shall ensure that their workstation platform and database meet Cartegraph published system requirements. Cartegraph software will be supported within new versions of these workstation platforms and databases within a reasonable period of time from their release from their manufacturer. Cartegraph will discontinue support of its software within older versions of these workstation platforms and databases as their support is discontinued by their manufacturers. 7. Customer agrees to work with Cartegraph to schedule Project Services in a timely manner. All undelivered Project Services shall expire 365 days from the signing of this Contract. City of Augusta, GA February 16, 2015 C1401038-2 7 Investment Summary Cartegraph’s proposed fees for this project are included in the summary below. Date: February 16, 2015 Contract Expiration Date: March 31, 2015 Contract No.: C1401038-3 Purchase Type Qty. Unit Price Total Price SOFTWARE PRODUCTS Earthmine Software Subscription License, Cloud 1 $10,500.00 $10,500.00 PROJECT SERVICES Data Collection Services – Street-Level Mapping Fixed Fee Service 1 $179,867.00 $179,867.00 TOTAL COST $190,367.00 NOTES: Through September 30, 2015, Augusta may opt to contract for the following optional items at the prices guaranteed as follows: 1) Pavement condition survey for 3,362 miles @$94.00/mile = $316,028. 2) Sign inventory for 3,362 miles @ $79.00/mile = $265,598. 3) Additional point feature roadway assets for 5,000 units @$2.15 each = $10,750 per 5,000 units. 4) Additional polyline feature roadway assets for 500 miles @$74.00 per mile = $37,000 per 500 miles. Cartegraph will invoice the customer the actual cost of the performance bond when issued. Not-to-Exceed Contract Cartegraph will not exceed the total included in this Contract without written approval from Customer. In the event it becomes apparent to Cartegraph that additional service efforts will be needed due to any changes in the scope of this Contract, Cartegraph will notify Customer prior to exceeding the approved efforts and obtain written approval if additional software or services are required. Software Subscription, Maintenance and Support Services Terms/Renewal The initial term of Subscription, Maintenance or Support Services, if included, will commence upon execution of this Contract (unless listed differently in the Investment Summary above) and will continue for the term listed in the Investment Summary above. At the end of the term listed in the Investment Summary the Customer may renew at prices in effect at that time by execution of a new Agreement. The price in effect at that time will increase by the cumulative consumer price index (CPI) and will not increase by more than 10% over the previous term. Software licensed under a subscription is governed by a license manager and must be renewed prior to the expiration date of the term in order to keep the software active. Payment Terms and Conditions In consideration for the Services and Products provided by Cartegraph to Customer, Customer agrees to pay Cartegraph Software Costs and Professional Service Fees in U.S. Dollars as described below: City of Augusta, GA February 16, 2015 C1401038-2 8 1. Delivery: Software Products shall be licensed upon acceptance of this Contract. Project Services will be scheduled and delivered upon your acceptance of this Contract, which will be considered as your notification to proceed. 2. Services Scheduling: Customer agrees to work with Cartegraph to schedule Project Services in a timely manner. All undelivered Project Services shall expire 365 days from the signing of this Contract. 3. Invoicing: Invoicing for Software will be 100% due upon contract execution. The initial term of Subscription will commence upon execution of this Contract and will continue for 365 days. At the end of the term the Earthmine Software will renew at current prices in effect on the anniversary date. Invoicing for the Services fee shall be due in four payments beginning on the date the data collection services commence. a. Installment 1 due upon commencement of pavement and/or street level mapping services– 30% of pavement and/or street level mapping services, $53,960.01. b. Installment 2 due upon field completion of pavement and/or street level mapping services – 30% of pavement / street level mapping services, $53,960.01. c. Installment 3 due upon completion of AQ/QC Process for Collected Data – 30% of pavement / street level mapping services, $53,960.01. d. Installment 4 due upon final delivery of data – 10% pavement and/or street level mapping services, $17,986.97. 4. Expenses: In providing the services included in this Contract, Cartegraph shall be reimbursed for any reasonable out-of-pocket costs, including, but not limited to, travel, lodging, and meals. Out-of-pocket expenses are billed based on actual costs incurred and are due separately. 5. Payment Terms: All payments are due Net 30 days from date of invoice. City of Augusta, GA February 16, 2015 C1401038-2 9 General Terms This Contract takes precedence over all attachments in the event of conflicting terms and conditions. The terms and conditions of any and all Exhibits and Attachments to this Contract are incorporated herein by this reference and shall constitute part of this Contract as if fully set forth herein. Article and Section headings used herein are for reference purposes only and shall not be deemed a part of this Contract. This Contract, together with all Exhibits and Attachments hereto, constitute the entire agreement between the parties and supersedes all previous Contracts including promises and representations, whether written or oral, between the parties with respect to the subject matter hereof. 1) Limitation Of Liability: Except for damages resulting from bodily injury or patent or copyright infringement, each party's total liability to the other for damages under this Contract shall not exceed the total amount of this Contract. Liability arising out of bodily injury, contract, breach of warranty, or claims by third parties or otherwise, shall not in any event exceed the limits of Cartegraph’s commercial general liability insurance coverage with a limit of $1,000,000 per occurrence and a $2,000,000 aggregate limit, business auto liability insurance with a limit of $1,000,000. Neither party shall be liable to the other for any loss of profits, loss or inaccuracy of data, or for any special, incidental or consequential damages (including without limitation the cost of any substitute procurement) arising from this Contract, even if such party had been advised of the possibility thereof. No action, regardless of form, arising out of this Contract may be brought by either party more than one year after the cause of the action has occurred, except that an action for non-payment may be brought at any time. 2) Disclaimer of Warranties: Cartegraph makes no warranty, representation or promise not expressly set forth in this Contract. Cartegraph disclaims and excludes any and all implied warranties of merchantability, fitness for a particular purpose. 3) Insurance: Cartegraph carries commercial general liability insurance with a limit of $1,000,000 per occurrence and a $2,000,000 aggregate limit, business auto liability insurance with a limit of $1,000,000 and workers compensation insurance with statutory coverage. Cartegraph agrees to hold harmless and defend Customer and its agents, officials and employees from bodily injury and property damage claims related to or caused by the sole negligence of Cartegraph employees or subcontractors. 4) Relationship of the Parties: Cartegraph and Customer are independent of each other. This Contract does not and is not intended to create in any way or manner or for any purpose an employee/employer relationship or a principal-agent relationship. Neither party is authorized to enter into agreements for or on behalf of the other, to create any obligation or responsibility, express or implied, for or on behalf of the other, to accept payment of any obligation due or owed the other, or to accept service of process for the other. Cartegraph is an independent contractor, customarily engaged in the performance of similar services for other parties. 5) Severability: The terms and conditions of this Contract are severable. If any term or condition of this Contract or the application thereof to any person or circumstances is held invalid, this invalidity shall not affect the other terms, conditions or applications which can be given effect without the invalid term, condition or application. 6) Transfer of Agreement: Cartegraph shall not transfer or assign any of its rights or obligations under the Contract to any other party without the prior written consent of Customer, which consent may not be unreasonably withheld. 7) Notices: All notices or communications required or permitted as a part of this Contract shall be in writing and shall be delivered at the address set forth in this Contract. 8) Attorney’s Fees/Legal Proceedings: In the event of any litigation or other proceeding between the parties relating to this Contract, the prevailing party shall be entitled to reasonable attorney’s fees and other reasonable costs incurred in connection therewith and in pursuing collection, appeals and other relief to which that party may be entitled. 9) Proprietary Information: Customer acknowledges that all materials and documents associated with this project are proprietary in nature. This specifically includes pricing information, training materials and consulting documents as described. Customer further agrees not to copy or otherwise make available such materials outside of Customer’s organization and its divisions and departments without the prior written consent of Cartegraph, except as required by law. City of Augusta, GA February 16, 2015 C1401038-2 10 CITY OF AUGUSTA, GA By Signature Date: Please Print Name Title CARTEGRAPH SYSTEMS, INC. By Randy Skemp, V.P., Chief Revenue Officer Date: Earthmine Cost and Funding Breakdown Imagery Only - NO GIS Data Collection Capital Cost Earthmine Data Quantity Units Unit Rate Cost Funded By Breakdown Amount Data Collection 3,362 Miles 53.50$ 179,867.00$ IT 32,683.50$ Utilities 16,341.75$ Env Svcs 16,341.75$ Transit Grant 114,500.00$ Sign Inventory 3,362 Miles 79.00$ -$ -$ Pavement Inspections 3,362 Miles 94.00$ -$ -$ Roadway / Roadside GIS Inventory 5,000 Units 2.20$ -$ -$ Total Earthmine 179,867.00$ 179,867.00$ Software & Hardware Cost Funded By Breakdown Amount Storage Server (13.8TB)-$ IT NOT NEEDED UNDER VENDOR PROPOSAL Engineering Utilities Env Svcs Transit Grant Earthmine Software (Imagery Hosted by Vendor)10,500.00$ IT Engineering Utilities Env Svcs Transit Grant 10,500.00$ Total Hardware 10,500.00$ 10,500.00$ Total Project Capital Cost 190,367.00$ 190,367.00$ Project Funding Breakdown By Department Amount Source IT 32,683.50$ Additional IT*9,633.00$ Utilities 16,341.75$ Transit Grant 125,000.00$ Environmental Services 16,341.75$ Total 200,000.00$ This option entails the capture of earthMine data/photography, but there will be no creation of any GIS point features based on the photography as part of this proposal. It will be the responsibility of the customer department(s) to collect data on their own using GIS tools that they currently have or that will be acquired as part of this project. The vendor has included pricing, good through September 30, 2015, for having them capture certain assets with their resources. * The "Additional IT" amount is in place to cover any additonal training, bonding, equipment, or administrative cost entailed in the course of the project. Mobile Mapping Technology Many types of mobile mapping solutions… which one is right for GIS? LiDAR Photogrammetry Imagery •Data storage / management? •Global (GPS) and relative (measurement) accuracy? •Image quality and resolution? •Data distribution and application integration? •Employee training? •Cost / re-use value? Optimized for GIS Features LiDAR earthmine Imagery Data Storage Size    3D Data Density   - 3D Data Global Accuracy   - 3D Data Relative Precision   - Image Resolution -   Image Quality -   Panoramic View -   Online Distribution -   Developer Tools -   GIS Integration -   Ease of Use    Cost Per Mile    Turn Around Time    Reuse Value     Excellent  Good  Moderate  Poor - Not Available •6.5x less data per km than LiDAR + Imagery. Highly optimized for large scale projects and regular updates. •< 1m Global 3D point accuracy, and centimeter precise measurements. Ideally suited for infrastructure and asset management applications. •Highest image resolution and image quality on the market, ideal for assessing condition of assets and infrastructure. •Web-based architecture for web, desktop, and mobile distribution, as well as software plug-ins and extensions for GIS. •Cost comparable to imagery only solutions, 3D features similar to leading LiDAR systems. Superior value for GIS, infrastructure, and asset management. Value-Added Resale •earthmine is a complete street level 3D mapping solution, does not require value-add from partner. •Reselling earthmine products in combination with existing partner products and services is highly encouraged. •earthmine provides help with integrating earthmine into partner’s products and services. +Application Development +Software as a Service (SaaS) +Data as a Service (DaaS) +Project Management +GIS Consulting +Data Conversion/Migration +GPS Field Data Collection +Aerial Imaging/LiDAR +Street-Level Imaging/LiDAR +3D Modeling +Map Production +Training and Support VAR Solution Example GIS / Asset Management Solution “entire territory” •Road and roadside asset mapping •Underground asset verification •GIS integration •Prioritize maintenance & projects Engineering Solution “small-scale, high-value” •Surveying •Mobile LiDAR •CAD Integration Construction Solution “active projects” •GPS Handheld •Surveying •CAD / GIS Integration Surveying earthmine + GIS LiDAR + CAD City of Greater Geelong Asset Collection Geomatic Technologies, a recognised leader in advanced mobile and spatial technologies, worked with the City of Greater Geelong to implement an earthmine solution to collect de- tailed street level data as part of an effort to meet specific goals and mandates within the city with respect to asset management. Geelong, a city of approximately 211,000 located 75km southwest of Melbourne, contains 2000km of urban and rural roads, with an additional 500km of VicRoads arterial roads. This project focused on the collec- tion and documentation of two main assets, road signs and street trees. A comprehensive road sign inventory was necessary for the city to comply with the Victorian Roads Management Act of 2004. Furthermore, the city had also adopted a strategy to increase the presence of street trees in the region and to create a maintenance program for existing plantings. To manage street trees, an inventory of Geelong’s tens of thousands of trees was needed. earthmine was an ideal end-to- end solution, as both of these assets would be prohibitively expensive to collect, document and manage using traditional survey methods. Geomatic Technologies (GT) hosts the data-set on their web-servers, while delivering an application development platform and spatially accurate re- sults within City’s Geographic Information System (GIS) and Asset Management System (Hansen). In addition to using the earthmine ArcGIS add-in and earthmine Viewer, the city was able to access and interact with the data over the web by utiliz- ing tools provided by GT, and developed using earthmine’s open API. This process was further enhanced with respect to road sign identification through the use of automated image recognition. earthmine images were processed using National ICT Australia’s (NICTA) AutoMap application, which can scan images for identifiable shapes and patterns that match up with specific street signs in accordance with Australian Standards. These results can then be added to the city’s GIS database and verified using earthmine software. earthmine data was also used to document 90,000 of the city’s street trees. Minimally skilled individuals located and measured canopy height and width, while city arborists were able to record attributes such as species and condition. All this work could be done in the office, right in the earthmine environment. This flexible and robust suite of tools allowed the City of Greater Geelong to quickly and efficiently incorporate the earthmine solution into their existing workflow, while GT relieved the local government of the cost and overhead associated with hosting and managing large data sets on their own servers. As a testament to the positive impact the earthmine Solution had for the City, Andrew Downie (Man- ager, Information Services) from City of Greater Geelong had this to offer, “The earthmine technologies have allowed the City of Greater Geelong to undertake an exten- sive capture exercise of critical assets, including 25,000 road signs, and provide a platform for the asset capture of 90,000 street trees. This was delivered quicker than traditional field capture practices and saved the City hundreds of thousands of dollars in the process.” Implementing the earthmine solution to capture and manage these core assets has resulted in a number of beneficial outcomes for the City of Greater Geelong. The city has found improved safety and efficiency by remotely viewing and documenting assets in the office and out of the field. A single earthmine data set can be distrib- uted across a number of departments within the local government, as it contains a multitude of assets in one collection. These are among many of the gains that have allowed the City of Greater Geelong to focus on core business activities rather than deal with the significant coordination and validation needs associated with traditional street level image capture. Project Info Location - City of Greater Geelong, Victoria, Australia End User/Customer Name - The City of Greater Geelong earthmine Partner - Geomatic Technologies Application - road sign database, street tree survey Products - earthmine ArcGIS add-in earthmine Viewer, earthmine API Delivery Method - earthmine Server, Hosted by Partner Ci t y o f G r e a t e r G e e l o n g City of San Diego - Pavement Inspection San Diego, California, a city of nearly 1.5 million people, is the second largest City in California, and the 7th largest city in the United States. Man- aging the public assets and infrastructure of a city this size is a constant and growing challenge. The City of San Diego’s Public Works Asset Manage- ment Division currently maintains an extensive amount of critical urban infrastructure, including over 2,800 miles of street and alleys, 5,800 miles of sidewalk, 200,000 trees located in the public right-of-way, 70,000 drain structures, 53,000 street signs, and 40,000 street lights. In order to effectively project and plan future maintenance for all the public works assets mentioned above, the City requires sophisticated and robust GIS technologies and services. To address a portion of these assets, the City of San Diego sought a qualified consultant to perform pavement condition inspections and provide a solution to validate other public works roadway/ roadside infrastructure on their entire 2800+ mile road network. Mission Geographic Infrastructure Solutions (MGIS), an earthmine Partner, was able to leverage earthmine’s 3D accurate street level collection and data delivery to not only meet this demand, but deliver a data-set that will service a broad range of the City’s street infrastructure management needs. MGIS provided the City of San Diego with a com- plete citywide pavement condition assessment by combining the earthmine MARS collection sys- tem with their automated pavement laser profiler. Reduced collection time is one of the primary cost saving components of the earthmine Solu- tion, and mounting these two systems together on one vehicle allowed MGIS to gather a compre- hensive data set without doubling their collec- tion efforts. This approach met multiple stan- dards and requirements for pavement inspection provided by the Federal Highway Administration (FHWA), and the American Society for Testing and Materials (ASTM) Standard Practices. MGIS used earthmine for ArcGIS and earthmine for AutoCAD Map 3D alongside their pavement inspection software to streamline their QA/QC process. When a portion of the pavement scan came into question, earthmine’s high quality imagery could be used to quickly visually inspect the area and clarify any uncertainty. Incorporat- ing the earthmine Solution into their pavement inspection workflow saved MGIS numerous field inspections, resulting in valuable time savings and efficiency gains that were simply unavailable with more traditional methods. earthmine data has high re-use value, enabling customers to collect data only once and deploy across many departments and agencies. This data set not only gave the City of San Diego a complete pavement condition assessment but also the ability to inventory infrastructure assets (such as signs, drainage structures, and ADA curb ramps) with a high level of accuracy. The earthmine solution provided the City with tools to allow road right-of-ways to be viewed in the office environment, thus reducing lengthy field trips required for site investigations. With little training, a team of interns was able to conduct a comprehensive curb ramp handicap accessibility survey using earthmine for ArcGIS. Going forward, storm water, trees, and signage inventories are among the numerous next steps the City of San Diego plans to exercise with the continued use of earthmine imagery and 3D point cloud data. All of these use cases mark the beginning of a much broader plan for the City of San Diego to implement the earthmine solution for safe and accurate management of their assets in the office and out in the field. Project Info Location - San Diego, CA United States End User/Customer Name - The City of San Diego earthmine Partner - Mission Geographic Amount of Data - 2800 miles Application - pavement condition inspection and asset management Products - earthmine for ArcGIS, earthmine for AutoCAD Map 3D Delivery Method - earthmine Cloud Ci t y o f S a n D i e g o Request for Proposal Request for Proposals will be received at this office until Friday, November 7, 2014 @ 11:00 a.m. for furnishing: RFP Item #14-213 Data Collection, Consulting & Technical Services for Street-Level Imagery with GIS-Capable 3D Point Cloud for Transit Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 530 Greene 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, 530 Greene 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 Friday, October 24, 2014 @ 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 120 days after time has been called on the date of opening. 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 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 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. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle October 2, 9, 16, 23, 2014 Metro Courier October 8, 2014 Revised: 8/15/2011 VENDORS Attachment B Addendum 1 E-Verify # SAVE Form Original 9 Copies Fee Proposal CARTEGRAPH SYSTEMS 3600 DIGITAL DRIVE DUBUQUE, IA 52003 YES YES 295847 YES YES YES YES CITY SCAN, INC 320 W. OHIO STREET #3W CHICAGO, IL 60654 YES YES 203566 YES YES YES YES POND & CO 3500 PARKWAY LANE SUITE 600 NORCROSS, GA 30092 YES YES 175046 YES YES YES YES Total Number Specifications Mailed Out: 30 Total Number Specifications Download (Demandstar): 21 Total Electronic Notifications (Demandstar): 223 Mandatory Pre-Proposal / Telephone Conference: Not Applicable Total packages submitted: 3 Total Noncompliant: 0 RFP Opening RFP Item #14-213 Data Collection, Consulting & Technical Services for Street-Level Imagery with GIS-Capable 3D Point Cloud for Augusta, Georgia - Transit Department RFP Due: Thursday, November 13, 2014 @ 11:00 a.m. Page 1 of 1 AUGUSTA PUBLIC TRANSIT SHARON DOTTERY, TRANSIT CONTRACT MANAGER MEMORANDUM To: Subject: Date: Geri Sams, Director, Procurement Department AOSharon Dottery, Transit Contract Manager RFP 14-213: 3D Street-Level Imagery / GIS Point Cloud Vendor Selection December 1612011 The selection committee for RFP 14-213 "Data Collection, Consulting, & Technical Services for Street- Level Imagery with GlS-Capable 3D Point Cloud'has reviewed vendor proposals and presentations for a technical solution which will enable Augusta to obtain access to city-wide street-level imagery. The solution will permit Augusta departments to have access to high-quality ground-level imagery as well as the ability to accurately locate and map visible city infrastructure features. Transit released an RFP in October 2014 and responses were received from multiple vendors. A committee composed of personnel from Transit, IT, Engineering, Utilities, and Procurement reviewed the proposals. Out of the RFP's that were received, Cartegraph has been identified as the firm that has the technology tools that are ideally-suited to satisfu the system requirements that were specified in our RFP. Transit and IT will proceed with negotiating with Cartegraph for a final product and price that will be beneficial to Augusta. If you have any questions, please do not hesitate to contact me at 706-821-1818. Thank You for your assistance in this matter. Augusta Public Transit 1535 Fenwick Street - August4 GA 30904 (706) 821-1818 - Fax (706) 821-1752 www. augustaga.gov Evaluation Criteria PTS CARTEGRAPH SYSTEMS 3600 DIGITAL DRIVE DUBUQUE, IA 52003 CITY SCAN, INC 320 W. OHIO STREET #3W CHICAGO, IL 60654 POND & CO 3500 PARKWAY LANE SUITE 600 NORCROSS, GA 30092 1. Ability to satisfy Solution Requirements 60 56 32 42 2. Apparent User-Friendliness of the Software 20 18 10 14 3. Firm Experience and Stability 20 19 7 17 TOTAL 100 93 49 73 1 2 Cumulative Cumulative Phase II - RFP 14-213 Data Collection Consulting & Technical Services St Level Imagery for the City of Augusta - Information Technology Department Monday, December 1, 2014 @ 3:00 p.m. Cumulative Phase II - Presentations (Ranking in order of preference - 1 being the number one choice) PRESENTATIONS Evaluation Committee Comments: During Phase I, the three companies were ranked by the committee members according to the evaluation criteria which was listed in the RFP. The two topped ranked companies were shortlisted by the committee members and invited to participate in Phase II of the evaluation process. During Phase II of the evaluation process, each company will be ranked on their presentation by the committee members with their number 1 choice receiving a 1. Commission Meeting Agenda 3/25/2015 2:00 PM Acquisition of Earthmine Solution from Cartegraph Department:Information Technology Caption: Approve agreement with Cartegraph, Inc. to acquire 3D Imagery and Earthmine Software. RFP 14-213 Background:Technology exists that permits governments to utilize advanced photographic tools, Global Positioning Systems (GPS) and Geographic Information Systems (GIS) in order to capture the locations of various types of infrastructure. This technology has been used successfully in order to satisfy imaging and infrastructure needs in a number of cities across the United States, including Columbia County, Georgia. The technology uses street- level imaging (cameras mounted on a vehicle) in order to capture photography in a 360-degree arc. The camera vehicle is using GPS in order to determine it’s exact location on the Earth’s surface, as well as using GPS to map all the features that it passes. The result is known as a “3D point-cloud”. There are two key values in gathering information in this manner. First, the customer gets high-definition photography of all of the city streets, manholes, traffic striping, light poles, street signs, houses, businesses, etc., enabling city employees to get a close-up view of features without requiring a field visit in all situations. Second, the 3D-point cloud permits the city to capture information for inclusion in the city’s GIS without having to collect the information manually in the field. Documents related to projects that have been performed using imagery and the 3D point-cloud are attached to this agenda item. Analysis:Augusta currently has oblique photography taken from an aircraft, but not street-level imagery that is much closer to our existing infrastructure. Augusta also has needs for gathering information for infrastructure management purposes. For instance, the photography and point-cloud can be used to locate street signs, determine what the sign represents, measure distance from the ground, and perform a basic assessment of condition. The same principle can be applied to pavement, striping on roads, storm drains, etc. The technology can also be used to augment the photography collected by the Board of Assessors for valuation purposes. Augusta IT worked with Augusta Public Transit, Engineering, Environmental Services, and Utilities in order to release an RFP, RFP #14-213, in 2014. Of the respondents, Cartegraph, Inc. was chosen as the firm best capable of providing the imagery and 3D point cloud using their Earthmine software. Financial Impact:The proposed project cost is $200,000. The vendor proposal is for $190,367, and IT seeks approval for an additional $9,633 funds in order to accommodate any additional minor training, storage, service, or managerial needs that occur in the implementation of the project. Alternatives:N/A Recommendation:Approve agreement with Cartegraph, Inc. to acquire 3D Imagery and Earthmine Software Funds are Available in the Following Accounts: IT SPLOST VI (GIS/ORTHOPHOTOGRAPHY): $42,316.50 Augusta Public Transit(Grant X330 -547-09-1214): $125,000 Utilities Department: $16,341.75 Environmental Services: $16,341.75 REVIEWED AND APPROVED BY: PROPOSAL OF INSURANCE AND RISK MANAGEMENT Prepared for: Augusta, Georgia Augusta Regional Airport Authority Solid Waste Management Authority Policy Period: 4/19/15 to 4/19/16 Presented by: Phil Harison, Jr. VP/Managing Director SERVICE TEAM At J. Smith Lanier & Co., we believe the best way to effectively give your business the service it deserves is through a team effort. Our client service team concept is designed to give you consistent, knowledgeable service which can only occur by working with trained professionals. J. SMITH LANIER & CO. – Augusta Division 2601 Commons Avenue Augusta, GA 30909 Main Phone Number: 706-737-8811 Main Fax Number: 706-737-3413 COMMERCIAL LINES TEAM Phil Harison, Jr. VP/Managing Director 706 434-2391 pharison@jsmithlanier.com Lisa Hamilton Account Manager 7067378811 lhamilton@jsmithlanier.com CLAIMS Jerry Hedgepeth AIC, ARM, CIC Corporate Claims Director 770-814-4535 jhedgepeth@jsmithlanier.com Mitzi McCoy Claims Analyst 706-737-8811 mmccoy@jsmithlanier.com CLIENT PORTAL Client Portal is your personalized website that allows you to effortlessly click, connect, and communicate with J. Smith Lanier & Co. It is designed to offer you time-saving tools and resources that build convenience into managing your everyday work tasks. Whether you want to view documents online, participate in plan/program surveys, or connect with over 300,000 peers in your industry, this is the place to be. It’s easily accessible, hardworking, and just one of the many value-added services available when you partner with J. Smith Lanier & Co. Property and Casualty Client Features · Choose from hundreds of P&C resources · P&C Document Library and Newsletters · Links to well-known, official industry websites · Access Workers’ Compensation statutes for all 50 states · OSHA Compliance and create and maintain your OSHA log electronically · Benchmark Surveys & Statistics Benefit Client Features · HR-related topics including a powerful search engine for quick and easy access · Direct link to federal and state legislation guides · Frequently Asked Questions (and Answers) · Instant access to downloadable articles · Benchmark Surveys & Statistics · Compliance & Plan Designs · Employee Communication & Education · Links to well-known and official industry websites Collaboration Center · Our document posting capabilities allow a seamless exchange of information sharing from our agency to you. · Accessible 24/7, postings from our agency are timely, relevant, and easy to locate in one convenient place online. Survey Benchmarking · Participate in benefit plan and/or P&C program surveys. · Allows you to determine how your plans and programs compare to employers across the U.S. Community · You can share information and resources through an interactive forum that allows you to post questions, provide insight into other users’ questions, and allows you to track responses based on topics or individual questions. · Community postings are organized by topic so you can source information quickly and easily. Exchange Internal Documents Online · Access to information housed in one area · Simplifies updates to reports, worksheets, questionnaires and policies SERVICE COMMITMENT J. Smith Lanier & Co. is committed to the client. We enjoy what we do and it shows in our work. Some of our more important qualities include: A Team Of Qualified Insurance Professionals Periodic evaluation of your insurance program Certificates of Insurance Policy forms, wording, and endorsements Contracts (Insurance/Indemnification provisions) Claims Management Services Resolve coverage issues Claims reporting procedures Timely settlements Engineering Services Site surveys Develop new or refined safety programs Safety Training Review Carrier recommendations for feasibility and effectiveness SCHEDULE OF NAMED INSUREDS {Named Insureds listed below may not apply to all coverages depending upon their insurable interest} Special care must be taken to insure all legal entities of your business, including any LLC (Limited Liability Corporation), JV (Joint Venture), and Partnerships. Many insurance policies do not cover these entities unless they are specifically named on the policy. It is important to notify your agent if an entity is formed during the policy term. Let us know if one of your entities is not listed below. Augusta, Georgia Augusta Regional Airport Authority Solid Waste Management Authority PREMIUM SUMMARY DESCRIPTION OF COVERAGE Best Rating Premium RSUI Indemnity Company A+ XIV $68,695 AIG Insurance Co. A XV $76,938 Westchester Insurance Co. A-XI $85,401 Zurich Insurance Co. A XV $109,314 Terms & conditions: Public Officials Limit: $2,000,000 EPL Coverage - Vendor Liability Coverage for discrimination and sexual harassment EPL Coverage – $100K Sublimit Defense Expenses Wage & Hour Claims Additional Defense Expense Limit of $2,000,000 Amended Settlement Clause 70/30 Retention: $250,000 Each Claim Public Officials $250,000 Each Claim Employment Practices Liability Prior and Pending Litigation backdated to: 04/19/97 for Augusta, GA 04/19/03 Augusta Regional Airport Authority 08/01/04 Solid Waste Management Authority RSUI Indemnity Company – 2014 year expiring premium was $68,695 AIG Insurance Co. – Completed and signed original AIG application and copy of employee handbook required. 2014 audited financials also needed. Westchester Ins Company. – Completed and signed original AWAC application and copy of Employee handbook required. 2014 audited financials also needed. Zurich Insurance – Completed and signed original Public Officials application required and signed Claims supplemental form and copy of employee handbook. 2014 audited financials also needed. A.M. BEST RATING SCALE GUIDE TO BEST’S FINANCIAL STRENGTH RATINGS A Best’s Financial Strength Rating is an independent opinion of an insurer’s financial strength and ability to meet its ongoing insurance policy and contract obligations. The rating is based on a comprehensive quantitative and qualitative evaluation of a company’s balance sheet strength, operating performance and business profile. Financial Strength Ratings Rating Descriptor Definition Se c u r e A++, A+ Superior Assigned to companies that have, in our opinion, a superior ability to meet their ongoing insurance obli- gations. A, A- Excellent Assigned to companies that have, in our opinion, an excellent ability to meet their ongoing insurance obligations. B++, B+ Good Assigned to companies that have, in our opinion, a good ability to meet their ongoing insurance obliga- tions. Vul n e r a b l e B, B- Fair Assigned to companies that have, in our opinion, a fair ability to meet their ongoing insurance obliga- tions. Financial strength is vulnerable to adverse changes in underwriting and economic conditions. C++, C+ Marginal Assigned to companies that have, in our opinion, a marginal ability to meet their ongoing insurance obli- gations. Financial strength is vulnerable to adverse changes in underwriting and economic conditions. C, C- Weak Assigned to companies that have, in our opinion, a weak ability to meet their ongoing insurance obliga- tions. Financial strength is very vulnerable to adverse changes in underwriting and economic conditions. D Poor Assigned to companies that have, in our opinion, a poor ability to meet their ongoing insurance obliga- tions. Financial strength is extremely vulnerable to adverse changes in underwriting and economic con- ditions. E Under Regulatory Supervision Assigned to companies (and possibly their subsidiaries/affiliates) placed under a significant form of regulatory supervision, control or restraint - including cease and desist orders, conservatorship or reha- bilitation, but not liquidation - that prevents conduct of normal, ongoing insurance operations. F In Liquidation Assigned to companies placed in liquidation by a court of law or by a forced liquidation. S Suspended Assigned to rated companies when sudden and significant events affect their balance sheet strength or operating performance and rating implications cannot be evaluated due to a lack of timely or adequate information. Rating Modifiers Modifier Descriptor Definition u Under Review Indicates the rating may change in the near term, typically within six months. Generally is event driven, with positive, negative or developing implications. pd Public Data Indicates rating assigned to insurer that chose not to participate in A.M. Best’s interactive rating process. (Discontinued in 2010) s Syndicate Indicates rating assigned to a Lloyd’s syndicate. Outlooks Indicates potential direction of a Financial Strength Rating over an intermediate term, generally defined as 12 to 36 months. Positive Indicates possible rating upgrade due to favorable financial/market trends relative to the current rating level. Negative Indicates possible rating downgrade due to unfavorable financial/market trends relative to the current rating level. Stable Indicates low likelihood of a rating change due to stable financial/market trends. Not Rated Designation NR: Assigned to companies that are not rated by A.M. Best. Rating Disclosure A Best’s Financial Strength Rating opinion addresses the relative ability of an insurer to meet its ongoing insurance obligations. The ratings are not assigned to specific insurance policies or contracts and do not address any other risk, including, but not limited to, an insurer’s claims-payment policies or procedures; the ability of the insurer to dispute or deny claims payment on grounds of misrepresentation or fraud; or any specific liability contractually borne by the policy or contract holder. A Best’s Financial Strength Rating is not a recommendation to purchase, hold or terminate any insurance policy, contract or any other financial obligation issued by an insurer, nor does it address the suitability of any particular policy or contract for a specific purpose or purchaser. In arriving at a rating decision, A.M. Best relies on third-party audited financial data and/or other information provided to it. While this information is believed to be reliable, A.M. Best does not independently verify the accuracy or reliability of the information. For additional details, see A.M. Best’s Terms of Use at www.ambest.com. Best’s Financial Strength Ratings are distributed via press release and/or the A.M. Best Web site at www.ambest.com and are published in the Credit Rating Actions section of BestWeek®. Best’s Financial Strength Ratings are proprietary and may not be reproduced without permission. Copyright © 2013 by A.M. Best Company, Inc. Version 021712 DISCLAIMER Proposal J. Smith Lanier & Co. thanks you for the opportunity to discuss your insurance and risk management program. This summary is a brief overview of that program and is based on the exposure information you provided. Please refer to the policies for complete terms, conditions, limitations, definitions, and exclusions. We have evaluated your exposures to loss and developed this proposal based upon the information that you have provided to us. If you are aware of other areas of potential exposure that need to be evaluated or of additional information of which we should be aware prior to binding of coverage, please bring the other areas or additional information to our attention as soon as possible. Should any of your exposures change after coverage is bound, please notify us immediately. Client Contracts In the event that you enter into a contract that has specific insurance requirements, J. Smith Lanier & Co. will review your contract, but only in regards to the insurance requirements of the contract. The scope of our review will be to determine if the current insurance program which you have placed through our agency addresses the types and amounts of insurance coverage referenced by the contract. We will identify the significant insurance obligations and will provide a summary of the changes required in your current insurance program to meet the requirements of the contract. Upon your authorization, we will make the necessary changes in your insurance program. We will also be available to discuss any insurance requirements of the contract with your attorney, if desired. In performing a contract review, J. Smith Lanier & Co. is not providing legal advice or a legal opinion concerning any portion of the contract. In addition, J. Smith Lanier & Co. is not undertaking to identify all potential liabilities that may arise under any such contracts. A contract review is provided solely for your information and should not be relied upon by third parties. Any descriptions of the insurance coverages are subject to the terms, conditions, exclusions, and other provisions of the contract and of the insurance policies and applicable regulations, rating rules or plans. Compensation Disclosure (Including New York Regulation 194 Disclosure) J. Smith Lanier & Co. is an insurance producer domiciled in the State of Georgia and licensed to sell insurance in additional states (including New York). Our licensed insurance producers are authorized by law to confer with you regarding the benefits, terms and conditions of insurance contracts; to offer advice concerning the substantive benefits of particular insurance contracts; to sell insurance; and to obtain insurance for purchasers. Our role in any particular insurance transaction typically involves one or more of these activities. Except in cases where J. Smith Lanier & Co. has a specific fee agreement to receive compensation from a client, we customarily receive compensation from insurers for our professional services in the form of a commission, which normally consists of a percentage of the premium collected by the insurers. J. Smith Lanier & Co. may also receive additional compensation, under agreements with one or more insurers and/or insurance intermediaries, in the form of commission overrides or based on some combination of volume, profitability or other factors. We will receive compensation in connection with the sale of insurance products based upon the type of insurance contract that we sell and our arrangement with the insurer. Depending on the insurer and insurance contract that you select, compensation may be paid to J. Smith Lanier & Co. by the insurer selling the insurance contract or by another third party. Such compensation may vary depending on a number of factors, including the insurance contract and the insurer the purchaser selects. In some cases, other factors such as the volume of business a producer provides to an insurer or the profitability of insurance contracts a producer provides to an insurer also may affect compensation. At your request, we will be pleased to provide you with information about compensation expected to be received by J. Smith Lanier & Co. based in whole or in part on the sale of insurance to you and (if applicable) compensation expected to be received by us based in whole or in part on any alternative quotes presented to you by J. Smith Lanier & Co. Collection Disclosure If this proposal results in your commitment to purchase one or more of the insurance products described in this proposal, J. Smith Lanier & Co. will submit to you, or caused to be submitted to you, an invoice for the insurance premiums associated with such insurance products. You are responsible for payment in full of the premium amounts set forth on our invoices within the payment terms set forth on the invoices. In the event that J. Smith Lanier & Co. or its designee commences legal action to collect amounts due under outstanding invoices or to enforce its rights under any insurance contracts, you will be responsible for payment of all reasonable attorneys’ fees, court costs and expenses incurred by J. Smith Lanier & Co. in collecting past due amounts pursuant to such invoices or otherwise enforcing its legal rights under such contracts. ADDITIONAL RECOMMENDED COVERAGES We have been dependent upon information provided by you to evaluate your exposures to loss. However, if there are other areas that need to be evaluated, please bring these areas to our attention. Specifically, we ask that you review and consider the following items: HIGHER LIMITS: In today’s litigious society, many businesses have found it necessary to increase their limits of liability to ensure adequate protection for their assets in the event of a loss. Higher limits of liability may be available. To ensure your level of comfort, please carefully review the limits of coverage shown in this proposal FIDUCIARY The Employee Retirement Income Security Act of 1974 imposes personal LIABILITY: liability on Fiduciaries of employee welfare plans for acts of mismanagement or errors in judgment. Fiduciary Liability Insurance covers such personal liability and includes Employee Benefits Liability which insures the corporation against claims arising out of errors or omissions made in the administration of Employee Benefit Plans. This coverage should be considered. BUSINESS A time element coverage which pays for loss of earnings when business operations are INTERRUPTION curtailed or suspended due to property loss as a result of an insured cause of loss. Also covered are loss of rents and rental value. Extra expenses incurred to continue operations at another location are included as long as they reduce the total amount of loss. POLICE PROF. Provides Professional Liability coverage for an entities Law Enforcement activities while performing LIABILITY their professional duties. The policies cover such perils as false arrest and civil rights violations. EMPLOYEE Loss of Money, Securities and Other Property caused by dishonest acts of your DISHONESTY: employees. CYBER Despite a company’s best effort to secure its computer systems, hackers, cyber thieves LIABILITY: and cyber terrorists continue to successfully break into networks and cause catastrophic financial losses. Cyber Liability (Internet Liability Insurance) and Media Liability Insurance covers loss caused by fraudulent alteration or destruction of electronic information such as malicious copying of trade secrets, extortion, loss of business income caused by virus or destruction of electronic information, network security, etc. POLLUTION Businesses are legally liable when environmental contamination originates from site or activity-related business operations. Environmental risk exists even if a business operation is fully compliant with the proper permits and procedures. Potential contamination from chemicals and materials used in normal business operations can linger in the soil and water for years. Accidents and ensuing legal suits from third-party claims for personal damage; bodily injury and property damage compensation are the #1 source of environmental insurance claims. Environmental/Pollution insurance offers a cost efficient safety net that protects against damages resulting from a range of exposures both on and off- site operations as well as during transportation (owned & non-owned). AUTHORIZATION TO BIND Named Insured: Augusta, Georgia Augusta Regional Airport Authority Solid Waste Management Authority Choose the appropriate option: I hereby authorize J. Smith Lanier & Co. to bind my coverage per the terms and conditions outlined in this Proposal. ____________________________________ _________________________ Authorized Signature Date I hereby authorize J. Smith Lanier & Co to bind my coverage with changes as stated below. I understand these changes may result in possible additional underwriting requirements or more/less premium. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ____________________________________ ____________________________ Authorized Signature Date Commission Meeting Agenda 3/25/2015 2:00 PM Continue Purchase of Public Official Liability Insurance for 2015 Department:Finance/Risk Management Division Caption: Approve Public Official Liability Insurance with RSUI Indemnity Company for a premium charge of $68,695 for policy period April 19, 2015 to April 19, 2016. Background:Current coverage has a $2,000,000 liability limit with an SIR (self insured retention) of $250,000 for each claim Public Officials and $250,000 each claim Employment Practices Liability. Public Official Liability provides coverage for "wrongful acts" of the public entity and wrongful acts of individuals who act on behalf of the entity. A wrongful act means any actual or alleged breach of duty, neglect, errors, misleading statements, omissions or employment practices violation by an insured solely in the performance of duties for the public entity. Augusta-Richmond County has maintained continuous coverage since 1997. Acceptance of coverage gives additional protection to the assets of public officials. Public Official Liability (POL) coverage is claims made coverage which means any claim which may be covered would need to be filed during the policy period. The Augusta Law Department (knowledge of decisions made by the Commission which may lead to a claim against this coverage) and Augusta Human Resources Department (knowledge of grievances, separations from employment, etc. which may lead to claims against the Employment Practices Endorsement to this coverage) are the two areas responsible for filing claims against this coverage. Analysis: Financial Impact:J. Smith Lanier & Company secured four quotes for this coverage. These quotes provide $2,000,000 in coverage with a $250,000 SIR (self insured retention). Quotes were received from RSUI Indemnity Company A+ XIV rated carrier for a premium of $ 68,695 AIG Insurance Company A-XV rated carrier for a premium quote of $76,938 Westchester Insurance Company A-XI rated carrier for a premium quote of $85,401 Zurich Insurance Company A-XV rated carrier for a premium quote of $109,314 Alternatives:Rely totally on available funds for the payment of any judgments which may be rendered directly against entity's public officials. Recommendation:Approve coverage quoted RSUI Insurance Company for a one year period for a premium of $68,695 for $2,000,000 in coverage and an SIR of $250,000. Funds are Available in the Following Accounts: 611-01-5212 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 3/25/2015 2:00 PM Preliminary 4th Quarter Financial Reports Department:Finance Caption: Receive as information preliminary financial reports for the year ended December 31, 2014. Background:Periodic financial reports are presented to keep the commission apprised of the financial status of the organization. Analysis:The attached reports are the preliminary results of the year ended December 31, 2014. Per GASB standards, Augusta is required to hold open its books for 60 days after year end so that receivables and payables may be accurately recorded. The results of the 2014 audit which will be presented in June will have variances from the reports being presented due to timing differences. Financial Impact: Alternatives: Recommendation:Receive as information. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 3/25/2015 2:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the regular meeting of the Commission held on March 17, 2015. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 3/25/2015 2:00 PM Appointment - District 6 Department:Clerk of Commission Caption:Motion to approve the appointment of Mr. Frank Bowman to the Augusta Aviation Commission at Bush Field representing District 6. (Requested by Commissioner Hasan) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 3/25/2015 2:00 PM Appointment to Downtown Development Authority Department:Clerk of Commission Caption:Consider a request from Commissioner Bill Fennoy on behalf of the Downtown Development Authority to appoint Mr. Rick Keuroglian, III to fill the seat on the Board created by the resignation of Mr. Sanford Loyd. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 3/25/2015 2:00 PM Affidavit Department: Caption:Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: