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Home My WebLink About2019-03-19 Meeting MinutesCommission Meeting Agenda Commission Chamber - 3/19/2019 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Few, Garrett, Sias, Fennoy, Frantom, M. Williams, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. Absent: Hon. Davis, member of Augusta Richmond County Commission. (Votes by telephone on Item #34) INVOCATION: Father Michael Hull, Pastor St. Ignatios Melkite Catholic Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) February 2019 Employee of the Month. A. Congratulations! Mr. Steven M. Behrend, Augusta Utilities Department. Item Action: None 02-2019_EOM_Accolade_-_Behrend_Steven_M.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made to Mr. Steven Behrend as the February 2019 Employee of the Month. Five (5) minute time limit per delegation DELEGATIONS B. Mr. Jim Hull regarding two approaches to rehabilitate 401 Walton Way former JLEC (Joint Law Enforcement Center) for use as a juvenile justice center. (Requested by Commissioner Mary Davis) Item Action: None Comm._M._Davis_James_Hull_401_Walton_Way.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made by Mr. Hull. C. Ms. Debbie Bunch regarding Green Meadows Neighborhood and the Hale House Foundation. Item Action: None Ms._Debbie_Bunch_Hale_House_Foundation.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made by Ms. Bunch. D. Ms. Tracie A. Roe regarding the Green Meadows Neighborhood and The Hale House Foundation. Item Action: None Ms._Tracie_A._Roe_the_Hale_House_Foundation.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made by Ms. Roe. CONSENT AGENDA (Items 1-32) PLANNING 1. Z-19-09 – A request for concurrence with the Augusta Planning Commission to approvewith the conditions below; a petition by The Foundation for EDS Inc. requesting a Special Exception to add additional property to the campus for EDS that was approve for a Special Exception in 2017 (Z-17-27) per Section 26-1 (b) of the Comprehensive Zoning Ordinance for Augusta Georgia affecting property containing approximately 8.74 acres and known as part of 1345 Flowing Wells Road. Part of Tax Map 029-0-031-11-0 DISTRICT 3 1. The site plan and design of the proposed kindergarten facility should be mindful of environmentally sensitive areas. 2. No fill in the floodplain, floodway or the wetlands is permitted. 3. Issuance of development permits shall be contingent upon the submission and approval of development plans meeting all applicable development regulations, including but not limited to the Flood Ordinance. 4. Any disturbance or encroachment on the floodplain or floodway should be avoided. 5. 5. A no- rise certification will be required for all land disturbance and if required Army Corp. of Engineers approval to disturb the wetlands. Item Action: Approved z-19-09.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 2. Z-19-10 – A request for concurrence with the Augusta Planning Commission to approve with the conditions below; a petition by Divine Vision Ministry Inc., on behalf of Valerie Wilkins, requesting a change of zoning from Zone R-1A (One-family Residential) to Zoned R-3A (Multiple-family Residential) affecting property containing 1.61 acres and known as part of 2737 Milledgeville Road. Tax Map 070-2-022-00-0 DISTRICT 2 1. The only permissible uses of the property shall be a Boarding House or a single- family residence. 2. A Site Plan must be provided for further structural additions on the subject property or enlargement of the existing residence for the purpose of additional residential use. 3. The Boarding House shall be limited to 8 residents, subject to minimum space requirements set forth by the Comprehensive Zoning Ordinance at the time of the application. An additional 3 residents will be allowed on the second floor if all of the components of Section 32 of the Life Safety Code are met. 4. Oneparking space for each 2 individuals residing in the Boarding House must be provided Item Action: Approved and clearly marked, along with 1 parking space for the owner or resident manager. z-19-10.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 3. Z-19-11 – A request for concurrence with the Augusta Planning Commission to approvewith the conditions below; a petition by Divine Vision Ministry Inc., on behalf of Valerie Wilkins, requesting a Special Exception to construct a boarding house per Section 26-1 (u) of the Comprehensive Zoning Ordinance for Augusta Georgia affecting property containing affecting property containing 1.61 acres and known as part of 2737 Milledgeville Road. Tax Map 070-2-022-00-0 DISTRICT 2 1. The parcel at 2737 Milledgeville Road was rezoned for use as a Family Personal Care Home by zoning cases Z-09-05 in 2009. 2. A Business License was never obtained and the Special Exception for the Family Personal Care Home expired. 3. Currently, the parcel contains and is zoned for a single-family residence. 4. According to Tax Records, the residence was built in 1936. 5. According to the applicant the residence contains: 5 bedrooms, 3 full baths (2 existing and 1 proposed), the required office a Boarding House must include, plus common area to include: a living room, a kitchen, a dining room, a laundry area on the first floor and a loft and sitting area on the second floor. 6. According to a recent Code Enforcement inspection, the existing residence currently has 3 usable bedrooms on the first floor and is able to house 8 residents within the existing structure, including the resident manager. Bedroom 1 has 100 sq ft and may house 1 resident Bedroom 2 has 333 sq ft and may house 3 residents Bedroom 3 has 414 sq ft and may house 4 residents 7. According to a recent Code Enforcement inspection, the existing residence contains: A living room that meets the spacing requirements of 150 sq ft for 6 or more residents and contains 575 sq ft; A dining room meets the spacing requirements of 120 sq ft for 6 or more residents and contains 154 sq ft; One existing full bathroom and 1 proposed full bathroom are to be a part of this facility - bathrooms are required to contain one functional toilet, a lavatory and a showering facility per 4 residents; A dedicated office for the resident manager has been provided. 8. Based on square footages provided by the applicant, an additional 3 Item Action: Approved residents would be allowed in the upstairs bedrooms. Bedroom 4 has 275 sq ft and may house 2 residents Bedroom 5 has 166 sq ft and may house 1 resident According to the Fire Department, additional residents on the second floor would only be allowed if all of the components of Section 32 of the Life Safety Code are met. An additional bathroom exists upstairs. 9. Per the Comprehensive Zoning Ordinance, Boarding Houses are allowed to provide temporary or longer-term accommodations, for compensation, at no less than thirty (30) days for 4 or more persons which, for the period of occupancy, may serve as a principal residence. These establishments also may provide complementary services, such as housekeeping, meals, and laundry services. No health related services may be provided, including but not limited to, dispensing of medications. The owner or an employee of the owner (resident manager) must reside on site and are counted toward the maximum occupancy. Such operations are allowed by Special Exception approval only in the R-3A, R-3B and R-3C zones under defined performance standards. They are also allowed by right in the B-1 and B-2 Zones under defined performance standards. 10. Parking spaces at the existing residence are not currently marked on the large concrete area in front of the residence. One parking space for each 2 individuals residing in the Boarding House must be provided, along with 1 space for the owner or resident manager. 11. The proposed Boarding House should have minimal traffic impact on Milledgeville Road or nearby Gordon Highway. 12. Public transportation is available within walking distance of the proposed Boarding House. 13. A bike rack is not proposed for the proposed Boarding House based on applicant drawings. 14. ADA accessibility will have to be provided for the Boarding House. z-19-11.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes PUBLIC SERVICES 4. Motion to approve Adult Entertainment ordinance amendment to the Augusta, Georgia Code, Title 6, Chapter 1, Adult Entertainment, Section 6-1-3 (g), to provide that an erotic dance establishment business tax certificate holder is eligible to obtain on-premise consumption alcohol licenses subject to Item Action: Approved the regulations of the Augusta Alcohol Ordinance, and provided that the establishment is in compliance with Section 6-1-9 of the Adult Entertainment Ordinance that provides location requirements. (Approved by Public Services Committee March 12, 2019) Adult_Entertainment_Ordinance_amendment_for_alcohol_20190228.docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve and waive the second reading. Ms. Davis out. Voting No: Commissioner Brandon Garrett. Motion Passes 8-1. Commisioner Sean Frantom Commissioner Sammie Sias Passes 5. Motion to approve New Ownership Application: A.N.19-09: request by Jay Patel for a retail package Beer & Wine License to be used in connection with Augusta Mini Mart located at 1503 Gordon Highway. District 2. Super District 9. (Approved by Public Services Committee March 12, 2019) Item Action: Approved AN.19-09.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 6. Motion to approve New Location: A.N.19-11: request by John D. Engler, Jr. for an on premise consumption Liquor, Beer & Wine License to be used in connection with Hyatt House Augusta located at 1268 Broad Street. There will be Sunday Sales. District 1. Super District 9. (Approved by Public Services Committee March 12, 2019) Item Action: Approved AN.19-11.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 7. Motion to approve New Location: A.N.19-12: request by Bennish Brown for an on premise consumption Liquor, Beer & Wine License to be used in connection with Augusta Convention & Visitors Bureau dba Augusta Co. located at 1010 Broad Street. District 1. Super District 9. (Approved by Public Services Committee March 12, 2019) Item Action: Approved AN.19-12.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 8. Motion to approve On-Premise Alcohol Licenses: request approval of amendments to the Augusta, Georgia Code, Title 6, Chapter 2, Article 1, Alcoholic Beverages, to provide that a business tax certificate holder - for an adult dance establishment / erotic dance establishment that can be permitted under the guidelines of the Augusta, Georgia Adult Entertainment Ordinance - is eligible to apply for on-premise alcohol licenses. (Approved by Public Services Committee March 12, 2019) Item Action: Approved Alcohol_Ordinance_include_adult_entertainment_establishment_20190226.docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve and waive the second reading. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 9. Motion to approve a request by Tracy Trotter of HOA Restaurant Holder dba Hooters of Augusta located at 2834 Washington Rd for an Alcohol Special Event License for the week of April 6-14, 2019 (Masters Week). There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee March 12, 2019) Item Action: Approved HOA_Hooters_One_Day.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 10. Motion to approve a request by Jan Scholer of Wings of Augusta dba Wild Wing Café located at 3035 Washington Rd for an Alcohol Special Event License for the week of April 7-13, 2019 (Masters Week). There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee March 12, 2019) Item Action: Approved Wild_Wing_Cafe_One_Day.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 11. Motion to approve the Excess Facilities Charge Agreement in the amount of $140,983.06 with Ga. Power Co. for installation of transformers to serve New Electrical Room for the Airport's General Perry Smith Parkway - SED Area. (Approved by Public Services Committee March 12, 2019) Item Action: Approved GA_Power_Excess_Facilities_Charge-_Electrical_.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 12. Motion to approve the 2019 Thanks Mom and Dad Innovative Program Grant for new senior programs at Brigham Senior Center in the amount of $2000. (Approved by Public Services Committee March 12, 2019) Item Action: Approved 02262019112742.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes ADMINISTRATIVE SERVICES 13. Motion to approve the updated agenda item to approve the purchase of one Chevrolet Tahoe Pursuit using a sub-grant funded by the Federal Homeland Security Grant Program through the the state of Georgia for the Richmond County Sheriff's Office and one Chevrolet Tahoe for the Richmond County Coroner's Office using SPLOST 7 funds. (Approved by Administrative Services Committee March 12, 2019) Item Action: Approved RCSO-Bomb_Tab_Sheet.xlsx RCSO-Bomb_Budget_Form_2.xls RCSO-Bomb_Budget_Form.xls RCSO-Bomb_Grant.pdf 18-269_Advertisement_to_Paper.docx 18-269_OFFICIAL_TAB_SHEET.xls 18-269_Department_Recommendation_of_Award.pdf 18-269_PLANHOLDERS_LIST.pdf Copy_of_18-269_OFFICIAL_TAB_SHEET.xls Tab_Sheet_-_Coroner_3.19.19.xlsx 18-269_Department_Recommendation_of_Award.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 14. Motion to approve request from Augusta Utilities Department Construction and Maintenance Division to replace one backhoe loader to Border Equipment utilizing ITB #18-234A and lease two sewer vacuum trucks to Environmental Products of Georgia utilizing ITB 18-305. (Approved by Administrative Services Committee March 12, 2019) Item Action: Approved 204046_Replacement_Criteria_Form_Signed.pdf 18-234A_Tab_Sheet.xlsx Financial_Lease_Contract_Quote.pdf 18-234A__ITB_-_SENT_TO_PAPER.docx 18-234A_OFFICIAL_TAB_SHEET.xls 18-234A_Dept_Recommendation_of_Award.pdf 18-234A_Planholders_List.pdf 18-305__ITB_-_SENT_TO_PAPER.docx 18-305_OFFICAL_TAB.xls 18-305_Department_Recommendaiton_of_Award.pdf 18-305_Planholders_List.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Commisioner Sean Frantom Commissioner Sammie Sias Passes Motion to approve. Ms. Davis out. Motion Passes 9-0. 15. Motion to approve Housing and Community Development Department’s (HCD's) request to sell property located at 3209 Sylvan Court to an approved homebuyer. (Approved by Administrative Services Committee March 12, 2019) Item Action: Approved 3209_Sylvan_Court__Purchase_and_Sales_Agreement.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 16. Motion to approve the proposed drafts of the dedication plaques for the following projects: Augusta Planning and Development Department - Renovation Augusta Central Services Department - Renovation and Addition (Approved by Administrative Services Committee March 12, 2019) Item Action: Approved Planning___Dev_Plaque_Draft.pdf Central_Services_Plaque_Draft.pdf Cyber_Center_Plaque_Draft_Rev021919.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis and Mr. Frantom out. Motion Passes 8-0. Commissioner Marion Williams Commissioner Ben Hasan Passes 17. Motion to authorize Housing and Community Development Department’s (HCD's) Director to execute a Certification of Consistency with Local Consolidated Plan for SAFEHOMES, Inc. Domestic Violence Shelter in Augusta, Georgia. (Approved by Administrative Services Committee March 12, 2019) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve with the addition of the Mayor executing the document. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 18. Motion to approve outsourcing the work on the patio deck at the Lake Olmstead Park with staff working with Procurement to complete the work as an emergency project. (Approved by Administrative Services Committee March 12, 2019) Item Action: Approved Comm._Sias_Lake_Olmstead.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commissioner Dennis Williams Commissioner Ben Hasan Passes 19. Motion to approve authorization of Housing and Community Development Department’s (HCD's) agreement for a Small Business Development Loan to Leibra Inc., dba Whipped Creamery in the amount of $37,500.00 (at 4% Interest and an 84-Month Term).(Approved by Administrative Services Committee March 12, 2019) Item Action: Approved Small_Business_CDBG_Agreement-_Liebra_Inc_dba_Whipped_Creamery.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 20. Motion to accept the resignation of Mr. Bill Lockett, Commission Liaison, Age-Friendly Augusta with correction that- the Advisory Council members be appointed by the Commission rather than the Mayor. (Approved by Administrative Services Committee March 12, 2019) Item Action: Approved Mr._Bill_Lockett_Age-Friendly_Augusta.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commissioner William Fennoy Commisioner Sean Frantom Passes PUBLIC SAFETY 21. Motion to approve SAMHSA (3) grant contractors for the Accountability Court DUI and Veterans Court programs. Contractors are Treatment Centers of Augusta, A Bells Counseling Services, Hope House of Augusta, Inc. (Approved by Public Safety Committee March 12, 2019) Item Action: Approved TACContractServices.pdf HopeHousecontractservices.pdf ABellscounselingcontractservices.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes FINANCE 22. Motion to approve proposed calendar for SPLOST 8 with Administrator making a presentation. (Approved by Finance Committee March 12, 2019) Item Action: Approved Election_Calendar_3-12-19.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve with a listing of all outstanding SPLOST funds to be given next week with the quarterly report. Ms. Davis and Mr. Sias out. Motion Passes 8-0. Commissioner Marion Williams Commisioner Sean Frantom Passes 23. Motion approve the continue purchase of Augusta POL/EPL Insurance with Premium Quote for 2019 – 2020 POL/EPL coverage to J. Smith Lanier & Co. LLC., current broker, through insurance carrier RSUI for a premium of $58,700. (Approved by Finance Committee March 12, 2019) Item Action: Approved Proposal_2019_POL_EPL_Policy.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes ENGINEERING SERVICES 24. Motion to approve the Amendment to the Landfill Gas Sales Agreement with Covia Holdings Corporation. (Approved by Engineering Services Committee March 12, 2019) Item Action: Approved 2019-2-26_Amendment_to_Landfill_Gas_Sale_and_Purchase_Agreement-FINAL.doc 2018_Land_Gas_Purchase__Sale_Agreement_final_for_agenda.docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis and Mr. Sias out. Motion Passes 8-0. Commissioner Marion Williams Commissioner Brandon Garrett Passes 25. Motion to approve amending Section 4-2-6 of the Augusta Code - Fees for Environmental Services Department Landfill Fees and Waive the Second Reading. (Approved by Engineering Services Committee March 12, 2019) Item Action: Approved 2019.01_A-RC_Code_Health_and_Sanitation_Sec_4-2-2_thru_4-2-6_final.docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item back to committee. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 26. Motion to approve the Environmental Services Department - Augusta Landfill to Offer Reduced Rate Disposal Day. (Approved by Engineering Services Committee March 12, 2019) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Commisioner Sean Frantom Commissioner Sammie Sias Passes Motion to approve. Ms. Davis out. Motion Passes 9-0. 27. Motion to approve the Landfill Disposal Agreement with Inland Waste Solutions and approve the execution of the Agreement by the Mayor. (Approved by Engineering Services Committee March 12, 2019) Item Action: Approved Disposal_Agreement_INLAND_final.docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 28. Motion to approve execution of Contract Item Utility Agreement to include Augusta Utilities Department’s water and sanitary sewer relocations in the Georgia Department of Transportation contract, through competitive bidding, for GDOT Project PI 220680 SR4/15th Street Widening – Milledgeville to Government Road. (Approved by Engineering Services Committee March 12, 2019) Item Action: Approved 15th_Street_Map.pdf 2019-01-25_15th_St.Prelim_Final_Cost_Estimate_rev_2.pdf PI_220680-_Richmond_-_Augusta_WS_CIA_Agmt_(3).pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 29. Motion to approve Budget Increase of $1,000,000 for the Sanitary Sewer Connection Program - RFQ 16-205 awarded to Southern Services and Item Action: Approved Universal Plumbing. (Approved by Engineering Services Committee March 12, 2019) Wiedmeier_10-18-2016_Approval_Letter.pdf 16-205_Tab_Revised_8-1-18.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes 30. Motion to approve tasking the Administrator with setting up a meeting with Norfolk Southern Railroad and bring a report back to the Commission in 30 days.(Approved by Engineering Services Committee March 12, 2019) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes PETITIONS AND COMMUNICATIONS 31. Motion to approve the minutes of the regular meeting of the Augusta Commission held on March 5, 2019 and Special Called meeting held March 12, 2019. Item Action: Approved Regular_Commission_Meeting_March_5_2019.pdf Called_Commission_Meeting_March_12_2019.pdf ItemApprovalSheet.html Motions Motion Text Made By Seconded By Motion Type Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes SUBCOMMITTEE Pension Committee 32. Motion to approve Plan Amendment to 2008 GMEBS Pension Plan including post-certified employees of the Coroner’s Office in the definition of public safety employees. (Approved by Pension Committee February 19, 2019, Commission March 5, 2019 - second reading) Item Action: Approved Ordinance_Adoption_Agreement_and_Addendums_4-1-19.pdf AGENDA_PENSION_COMMITTEE_02.19.19.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes ****END CONSENT AGENDA**** AUGUSTA COMMISSION 3/19/2019 AUGUSTA COMMISSION REGULAR AGENDA 3/19/2019 (Items 33-39) PLANNING 33. Z-19-06 - A request for concurrence with the Augusta Planning Commission to deny a petition Joseph Edge, on behalf of Edge Property Management LLC, requesting a change of zoning from Zone A (Agriculture) to Zone B-1 (Neighborhood Business) affecting property containing 0.48 acres and known as 2665 Tobacco Road. Tax Map 140- 0-008-00-0 CONTINUED from February 4, 2019 meeting. DISTRICT 4 Item Action: Rescheduled z-19-06.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item back to the Administrative Services meeting on April 30. Ms. Davis out. Motion Passes 9-0. Commissioner Sammie Sias Commissioner Brandon Garrett Passes 34. Z-19-08 - A request for concurrence with the Augusta Planning Commission to deny a petition by The Hale Foundation Inc. requesting a Special Exception to establish an In-patient Drug and Alcohol Treatment Facility per Section 26-1-(g) of the Comprehensive Zoning Ordinance for Augusta Georgia affecting property containing approximately 20.65 acres and known as 3042 Eagle Drive. Tax Map 109-0-001-00-0 DISTRICT 6 Item Action: Approved z-19-08.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve a continuance of this item until April 30, 2019 in order to develop a plan to address questions regarding access to the property and come back with a more concrete Commissioner Marion Williams Commissioner Brandon Garrett Passes plan for access. Voting No: Commissioner Johnny Few, Commissioner Ben Hasan, Commissioner Sammie Sias, Commissioner Dennis Williams. Motion Passes 6-4. Motions Motion Type Motion Text Made By Seconded By Motion Result Deny Substitute motion to deny the request for a continuance. Voting No: Commissioner John Clarke, Commissioner Mary Davis, Commissioner William Fennoy, Commisioner Sean Frantom, Commissioner Brandon Garrett, Commissioner Marion Williams. Motion Fails 4-6. Commissioner Ben Hasan Commissioner Sammie Sias Fails PUBLIC SERVICES 35. New Ownership Application: A.N.19-10: A request by Narinder Kaur for a retail package Beer & Wine License to be used in connection with Rosier Road Neighbours Mart located at 2228 Rosier Road. District 6. Super District 10. (No recommendation Public Services Committee March 12, 2019) Item Action: Approved AN.19-10.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis and Mr. Fennoy out. Motion Passes 8-0. Commissioner Sammie Sias Commissioner Brandon Garrett Passes ADMINISTRATIVE SERVICES 36. Request Approval of RFQ Item 18-169 – Real Estate Brokerage Services for the Laney Walker/Bethlehem Revitalization Project to Sherman and Hemstreet on behalf of Housing and Community Development Department (HCD). (No recommendation from the Administrative Services Committee March 12, 2019 with an amendment for a one- year term and two one-year renewal terms.) Item Action: Approved HCD_SH_LWBProject_Professional_Service_Agreement.pdf SKM_C554e19031510030.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Motion Result Approve Motion to approve with the inclusion of a 30- day termination clause and that the Commission receive a copy of the amended contract via e-mail. Motion Passes 9-0. Commissioner Sammie Sias Commissioner Dennis Williams Passes 37. Discuss the purchase of a vehicle for the Mayor's Office. (No recommendation - clarification of whether the vehicle approved for the Mayor's Office will be used by the Mayor or the Mayor's staff.) Item Action: Approved ItemApprovalSheet.html Motions Motion Text Made By Seconded By Motion Type Motion Result Approve Motion to approve this item for the Mayor's use and come back in 12 months for the public hearing. Ms. Davis out. Voting No: Commissioner Ben Hasan, Commissioner Marion Williams. Motion Passes 7-2. Commissioner Sammie Sias Commissioner William Fennoy Passes Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Substitute motion to have a public hearing at 1:15 p.m. next week and approve the vehicle for the Mayor's use and repeat the process again in 12 months. Ms. Davis out. Voting No: Commissioner John Clarke, Commissioner William Fennoy, Commissioner Johnny Few, Commisioner Sean Frantom, Commissioner Brandon Garrett, Commissioner Sammie Sias, Commissioner Dennis Williams. Motion Fails 2-7. Commissioner Ben Hasan Commissioner Marion Williams Fails PUBLIC SAFETY 38. Motion to amend the Augusta, GA Code to strike the pet registration requirement and remove all fees associated with the pet registration requirement. (Requested by General Counsel A. Mackenzie) Item Action: Approved Amend_Augusta_GA_Code_pet_registration.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve and waive the second reading. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Sammie Sias Passes APPOINTMENT(S) 39. Motion to reappoint Mr. James Scott to the Tax Assessor Board of Richmond County to a four-year term effective 4/25/19 and ending 4/24/23. (Requested by Commissioner Ben Hasan) Item Action: Approved Board_of_Tax_Assessors__19.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. M. Williams abstains. Ms. Davis and Mr. Garrett out. Motion Passes 7-0 -1. Commisioner Sean Frantom Commissioner Ben Hasan Passes LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 40. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Item Action: None Upcoming Meetings www.augustaga.gov Commission Meeting Agenda 3/19/2019 2:00 PM Attendance 3/19/19 Department: Department: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 3/19/2019 2:00 PM Invocation Department: Department: Caption:Father Michael Hull, Pastor St. Ignatios Melkite Catholic Church. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AUGUSTA, GEORGIA EMPLOYEE RECOGNITION COMMITTEE February 19, 2019 Mayor Davis: The Employee Recognition Committee has selected Steven M. Behrend as Augusta, Georgia’s Employee of the Month for February 2019. Steve Behrend, is one in a million. If you don’t believe it, just ask the employees of the Augusta Utilities Department. Steve Behrend has been a dedicated Engineering Manager for the Utilities’ Engineering and Fort Gordon Divisions since October of 2013. Steve’s knowledge of engineering, project management and employee relations is unparalleled, which is just one of the many reasons why he is a very critical part of the Utilities department. Steve is the epitome of, “There is no ‘I’ in TEAM.” He welcomes every opportunity to instruct and train others and takes pride in being able to share his knowledge to improve the department and position it for success. His efforts not only benefit the entire Augusta Utilities Department, but they also set an example and inspires his co-workers to be pro-active and proficient. He regularly volunteers to resolve issues, develop project scopes, and manage budget expenditures. Steve is usually the first one to arrive and the last one to leave. He always maintains a positive attitude and takes on each new responsibility with optimism. Steve’s willingness to assist others and his commitment to the Augusta Utilities Department is unequaled. Steve has proven himself to be the go-to-guy for capital projects and utility planning. In the past year, Augusta Utilities Department has experienced an increase of projects totaling over 36 million dollars that Steve successfully oversees. It’s qualities such as those Steve embodies that led him to be an invaluable resource and exceptional employee for not only Augusta Utilities Department, but also the City of Augusta. Based on this nomination, Steven M. Behrend’s outstanding contribution to (department) and service to Augusta, Georgia, the Employee Recognition Committee would appreciate you joining us in recognizing Steven M. Behrend as the February 2019 Employee of the Month. Thank you, The Employee Recognition Committee: Sylvia Williams, Committee Chairperson Alma R. Phillips, Employee Relations Takiyah A. Douse, Central Services Edeltraud Coleman, Finance AUGUSTA, GEORGIA EMPLOYEE RECOGNITION COMMITTEE Linda Jones, Utilities Carla S. Moore, Tax Assessor’s Office Lt. Robert Silas, Sheriff’s Office Commission Meeting Agenda 3/19/2019 2:00 PM February 2019 Employee of the Month. Department: Department: Caption: Congratulations! Mr. Steven M. Behrend, Augusta Utilities Department. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Lena Bonner From: Sent: To: Cc: Subject: Dear Clerk Bonner, James Hull <jhull@hullpg.com> Tuesday, March L2,2019 4:54 PM Lena Bonner Commissioner Mary Davis IEXTERNALI RE: Delegation, March 19, 2pm I hope all is going well. Pursuant to Commissioner Davis' email, below is a description of my Tuesday March tg, ZOlg presentation to the Commission. Please contact me if there are any questions or if I can provide additional information. What time should I be at the Commission meeting? Thank you so muchl Jim Hull 706-855-4040 I will present two olternotive opprooches to the Augusto Commission to rehabilitote 401 Walton Woy for use os o juvenile justice center. From: Commissioner Ma ry Davis <M FDavis@a ugustaga.gov> Sent: Tuesday, March 12,2079 3:31 PM To: Ja mes Hull <jhull @hullpg.com>; Lena Bonner <lbonner@auBustaga.gov> Subject: Delegation, March 19, 2pm Lena, please put Mr. Jim Hull on the Commission agenda, delegation portion, Tuesday, March 19,2}lg.Jim, please send a 1 sentence description of your presentation to us to describe your agenda item. Thanks! Mary Get Outlook for iOS 'I he City of Augrrsla acceptsi no llability lor tlre conteni of this e-mail or for the consequences oF any actions taken on the basis of the information provided, unless a r*stl't cf thtr e-rriail transffiissisrl. llvl,riflc,;rtion is ie.]uired, please reqr:esl a liard copy version. AED:104 1 [NoTlCE: This message originated outside of the City of Augusta's mail system -- DO NoT CLTCK on links, open attachments or respond to requests for information unless you are sure the content is safe.] Commission Meeting Agenda 3/19/2019 2:00 PM Mr. Jim Hull 401 Walton Way proposed juvenile justice center Department: Department: Caption:Mr. Jim Hull regarding two approaches to rehabilitate 401 Walton Way former JLEC (Joint Law Enforcement Center) for use as a juvenile justice center. (Requested by Commissioner Mary Davis) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AGENDA ITEM REQUEST FORM commission meetings: First and third ruesdays of each month - 2:00 p.m.committee meetings: Second and last Tuesdays of each month - l:00 p.m. commission/committee: (please check one and insert meeting date) ,/ Commission DateofMeeting 3-tQ-t1 Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting contact Information for rndividuaupresenter Making the Request: Telephone Number: Fax Number: E-Mail Address: Caption/T of Discussion to be placed o.n the Agenda: Public Safety Committee Public Services Committee Administrative Services Committee Engineering Services Committee Finance Committee Please send this request form to the following address: Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Buitding 535 Telfair Street Augusta, GA 30901 Telephone Number: 7 06-82l-1820 Fax Number: 706-821-1838E-MailAddress: nmorawski@augustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the ClerkrsOffice no later than 9:00 a.m. on the Thursday preceding the Commission and Committeemeetings of the following week. A five-minute time limit wi1be allowed for presentations. Commission Meeting Agenda 3/19/2019 2:00 PM Ms. Debbie Bunch Department: Department: Caption:Ms. Debbie Bunch regarding Green Meadows Neighborhood and the Hale House Foundation. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AGENDA ITEM REQUEST FORM commission meetings: First and third ruesdays of eachCommittee meetlngs: Second and last Tuesdays of each month - 2:00 p.m. month - 1:00 p.m. Commission/Committee :(Please check one and insert meeting date) Commission Public Safety Committee Public Services Committee Administrative Services Committee Engineering Services Committee Finance Committee contact Information for rndividuaupresenter Making the Request: Name:ae .Aoe Address: Telephone Number: Fax Number: E-Mail Address: Crption/Topic of Discussion to be placed on the Agenda: Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Please send this request form to the following address: Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Buitding 535 Telfair Street Augusta, GA 30901 Telephone Number: 706-82l-1820 Fax Number: 706-821-183g E-Mail Address: nmorawski@augustaga.gov Requests may be faxed, e'mailed or delivered in person and must be received in the Clerk,sOffice no later than 9:00 a.m. on the Thursday preceding the Commission and Committeemeetings of the following week. A five-minute time timit will be allowed for presentations. Commission Meeting Agenda 3/19/2019 2:00 PM Ms. Tracie A. Roe regarding the Green Meadows Neighborhood Department: Department: Caption:Ms. Tracie A. Roe regarding the Green Meadows Neighborhood and The Hale House Foundation. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 3/19/2019 2:00 PM Z-19-09 Department:Planning & Development Department:Planning & Development Caption: Z-19-09 – A request for concurrence with the Augusta Planning Commission to approvewith the conditions below; a petition by The Foundation for EDS Inc. requesting a Special Exception to add additional property to the campus for EDS that was approve for a Special Exception in 2017 (Z-17-27) per Section 26-1 (b) of the Comprehensive Zoning Ordinance for Augusta Georgia affecting property containing approximately 8.74 acres and known as part of 1345 Flowing Wells Road. Part of Tax Map 029-0-031-11-0 DISTRICT 3 1. The site plan and design of the proposed kindergarten facility should be mindful of environmentally sensitive areas. 2. No fill in the floodplain, floodway or the wetlands is permitted. 3. Issuance of development permits shall be contingent upon the submission and approval of development plans meeting all applicable development regulations, including but not limited to the Flood Ordinance. 4. Any disturbance or encroachment on the floodplain or floodway should be avoided. 5. 5. A no-rise certification will be required for all land disturbance and if required Army Corp. of Engineers approval to disturb the wetlands. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 3/19/2019 2:00 PM Z-19-10 Department:Planning & Development Department:Planning & Development Caption: Z-19-10 – A request for concurrence with the Augusta Planning Commission to approve with the conditions below; a petition by Divine Vision Ministry Inc., on behalf of Valerie Wilkins, requesting a change of zoning from Zone R-1A (One-family Residential) to Zoned R-3A (Multiple-family Residential) affecting property containing 1.61 acres and known as part of 2737 Milledgeville Road. Tax Map 070-2-022-00-0 DISTRICT 2 1. The only permissible uses of the property shall be a Boarding House or a single-family residence. 2. A Site Plan must be provided for further structural additions on the subject property or enlargement of the existing residence for the purpose of additional residential use. 3. The Boarding House shall be limited to 8 residents, subject to minimum space requirements set forth by the Comprehensive Zoning Ordinance at the time of the application. An additional 3 residents will be allowed on the second floor if all of the components of Section 32 of the Life Safety Code are met. 4. Oneparking space for each 2 individuals residing in the Boarding House must be provided and clearly marked, along with 1 parking space for the owner or resident manager. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 3/19/2019 2:00 PM Z-19-11 Department:Planning & Development Department:Planning & Development Caption: Z-19-11 – A request for concurrence with the Augusta Planning Commission to approvewith the conditions below; a petition by Divine Vision Ministry Inc., on behalf of Valerie Wilkins, requesting a Special Exception to construct a boarding house per Section 26-1 (u) of the Comprehensive Zoning Ordinance for Augusta Georgia affecting property containing affecting property containing 1.61 acres and known as part of 2737 Milledgeville Road. Tax Map 070-2-022-00-0 DISTRICT 2 1. The parcel at 2737 Milledgeville Road was rezoned for use as a Family Personal Care Home by zoning cases Z-09-05 in 2009. 2. A Business License was never obtained and the Special Exception for the Family Personal Care Home expired. 3. Currently, the parcel contains and is zoned for a single- family residence. 4. According to Tax Records, the residence was built in 1936. 5. According to the applicant the residence contains: 5 bedrooms, 3 full baths (2 existing and 1 proposed), the required office a Boarding House must include, plus common area to include: a living room, a kitchen, a dining room, a laundry area on the first floor and a loft and sitting area on the second floor. 6. According to a recent Code Enforcement inspection, the existing residence currently has 3 usable bedrooms on the first floor and is able to house 8 residents within the existing structure, including the resident manager. Bedroom 1 has 100 sq ft and may house 1 resident Bedroom 2 has 333 sq ft and may house 3 residents Bedroom 3 has 414 sq ft and may house 4 residents 7. According to a recent Code Enforcement inspection, the existing residence contains: A living room that meets the spacing requirements of 150 sq ft for 6 or more residents and contains 575 sq ft; A dining room meets the spacing requirements of 120 sq ft for 6 or more residents and contains 154 sq ft; One existing full bathroom and 1 proposed full bathroom are to be a part of this facility - bathrooms are required to contain one functional toilet, a lavatory and a showering facility per 4 residents; A dedicated office for the resident manager has been provided. 8. Based on square footages provided by the applicant, an additional 3 residents would be allowed in the upstairs bedrooms. Bedroom 4 has 275 sq ft and may house 2 residents Bedroom 5 has 166 sq ft and may house 1 resident According to the Fire Department, additional residents on the second floor would only be allowed if all of the components of Section 32 of the Life Safety Code are met. An additional bathroom exists upstairs. 9. Per the Comprehensive Zoning Ordinance, Boarding Houses are allowed to provide temporary or longer-term accommodations, for compensation, at no less than thirty (30) days for 4 or more persons which, for the period of occupancy, may serve as a principal residence. These establishments also may provide complementary services, such as housekeeping, meals, and laundry services. No health related services may be provided, including but not limited to, dispensing of medications. The owner or an employee of the owner (resident manager) must reside on site and are counted toward the maximum occupancy. Such operations are allowed by Special Exception approval only in the R-3A, R-3B and R-3C zones under defined performance standards. They are also allowed by right in the B-1 and B-2 Zones under defined performance standards. 10. Parking spaces at the existing residence are not currently marked on the large concrete area in front of the residence. One parking space for each 2 individuals residing in the Boarding House must be provided, along with 1 space for the owner or resident manager. 11. The proposed Boarding House should have minimal traffic impact on Milledgeville Road or nearby Gordon Highway. 12. Public transportation is available within walking distance of the proposed Boarding House. 13. A bike rack is not proposed for the proposed Boarding House based on applicant drawings. 14. ADA accessibility will have to be provided for the Boarding House. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 3/19/2019 2:00 PM Z-19-06 Department:Planning & Development Department:Planning & Development Caption: Z-19-06 - A request for concurrence with the Augusta Planning Commission to deny a petition Joseph Edge, on behalf of Edge Property Management LLC, requesting a change of zoning from Zone A (Agriculture) to Zone B-1 (Neighborhood Business) affecting property containing 0.48 acres and known as 2665 Tobacco Road. Tax Map 140-0-008-00-0 CONTINUED from February 4, 2019 meeting. DISTRICT 4 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 3/19/2019 2:00 PM Z-19-08 Department:Planning & Development Department:Planning & Development Caption: Z-19-08 - A request for concurrence with the Augusta Planning Commission to deny a petition by The Hale Foundation Inc. requesting a Special Exception to establish an In-patient Drug and Alcohol Treatment Facility per Section 26-1-(g) of the Comprehensive Zoning Ordinance for Augusta Georgia affecting property containing approximately 20.65 acres and known as 3042 Eagle Drive. Tax Map 109-0-001-00-0 DISTRICT 6 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 6, CHAPTER 1, ADULT ENTERTAINMENT, SECTION 6-1-3 (g) EROTIC DANCE ESTABLISHMENT REGULATIONS, SO AS TO PROVIDE THAT SUCH ESTABLISHMENT IS ELIGIBLE TO OBTAIN ON-PREMISE CONSUMPTION ALCOHOL LICENSES SUBJECT TO COMPLIANCE WITH SECTION 6-1-9, (ADULT ENTERTAINMENT) LOCATION REQUIREMENTS, AND THE CONDITIONS OF THE AUGUSTA ALCOHOL ORDINANCE; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO WAIVE THE SECOND READING; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT THE ADULT ENTERTAINMENT ORDINANCE OF THE AUGUSTA, GEORGIA CODE IS AMENDED AS FOLLOWS: SECTION 1. Title 6, Chapter 1, Adult Entertainment, Section 6-1-3 (g), Erotic Dance Establishment Regulations, is hereby amended by deleting this section in its entirety, AND new Section 6-1-3 (g) is hereby inserted to replace the repealed section as set forth in “Exhibit A” hereto. SECTION 2. This ordinance shall become upon adoption. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2019. ______________________________ Hardie Davis, Jr. As its Mayor Attest: __________________________ Lena J. Bonner, Clerk of Commission Seal: CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2019 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: _________________________ WAIVE SECOND READING “EXHIBIT A” 6-1-3 (g) (g) No erotic dance establishment Business Tax Certificate holder shall serve, sell, distribute or suffer the consumption or possession of any intoxicating liquor or controlled substance upon the premises of the Business Tax Certificate holder; provided, however, nothing shall affect any vested rights of the holder of an alcohol license. 6-1-3 (g) (g) An erotic dance establishment Business Tax Certificate holder is eligible to obtain on-premise consumption alcohol licenses subject to the regulations of the Augusta Alcohol Ordinance, provided that the establishment is in compliance with Section 6-1-9 Location, herein; however, nothing shall affect any vested rights of an erotic dance establishment Business Tax Certificate holder with a current alcohol license. Commission Meeting Agenda 3/19/2019 2:00 PM Adult Entertainment Ordinance – Alcohol Department:Planning & Development Department:Planning & Development Caption:Motion to approve Adult Entertainment ordinance amendment to the Augusta, Georgia Code, Title 6, Chapter 1, Adult Entertainment, Section 6-1-3 (g), to provide that an erotic dance establishment business tax certificate holder is eligible to obtain on-premise consumption alcohol licenses subject to the regulations of the Augusta Alcohol Ordinance, and provided that the establishment is in compliance with Section 6-1-9 of the Adult Entertainment Ordinance that provides location requirements. (Approved by Public Services Committee March 12, 2019) Background:At the February 26, 2019 Public Service Committee meeting the motion was approved to authorize the Planning & Development Department to prepare the necessary amendments to the Adult Entertainment Ordinance that would allow for on-premise consumption of alcoholic beverages in adult entertainment establishments ( adult dance establishment / erotic dance establishment) that comply with the Adult Entertainment ordinance location requirements. Analysis:The current Adult Entertainment Ordinance prohibits the sale or consumption of alcohol in adult entertainment establishments, with the exception that business tax certificate holders for adult entertainment establishments that had a valid alcohol license on the effective date of the amendments that prohibited the sale or consumption, have a vested interest. Financial Impact:The regulatory fee for an Adult Entertainment establishment is $3,479.00. Alternatives:Do not approve Recommendation:Approve Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 3/19/2019 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership Application: A.N.19- 09: request by Jay Patel for a retail package Beer & Wine License to be used in connection with Augusta Mini Mart located at 1503 Gordon Highway. District 2. Super District 9. (Approved by Public Services Committee March 12, 2019) Background:This is a New Ownership Application. Formerly in the name of Gouri Vuppula. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $1,330.00 Alternatives: Recommendation:Staff approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Commission Meeting Agenda 3/19/2019 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Location: A.N.19-11: request by John D. Engler, Jr. for an on premise consumption Liquor, Beer & Wine License to be used in connection with Hyatt House Augusta located at 1268 Broad Street. There will be Sunday Sales. District 1. Super District 9. (Approved by Public Services Committee March 12, 2019) 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 $5,715.00. Alternatives: Recommendation:Staff approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Commission Meeting Agenda 3/19/2019 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Location: A.N.19-12: request by Bennish Brown for an on premise consumption Liquor, Beer & Wine License to be used in connection with Augusta Convention & Visitors Bureau dba Augusta Co. located at 1010 Broad Street. District 1. Super District 9. (Approved by Public Services Committee March 12, 2019) 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 $4,365.00. Alternatives: Recommendation:Staff approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 6, CHAPTER 2, ARTICLE 1, ALCOHOLIC BEVERAGES, SECTION 6-2-2 (d) DEFINITIONs, AND SECTION 6-2-27 ADULT ENTERTAINMENT ESTABLISHMENTS; SO AS TO PROVIDE THAT THE SELLING OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION IS ALLOWED IN ADULT ENTERTAINMENT ESTABLISHMENTS; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO WAIVE THE SECOND READING; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT THE AUGUSTA, GEORIGA ALCOHOL ORDINANCE IS AMENDED, AS FOLLOWS: SECTION 1. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-2 (d), is hereby amended by deleting this section in its entirety, AND new Section 6-2-2 (d) is hereby inserted to replace the repealed section as set forth in “Exhibit A” hereto. SECTION 2. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-27 (a)(b), is hereby amended by deleting this section in its entirety, AND new Section 6-2-27 (a) is hereby inserted to replace the repealed section as set forth in “Exhibit A” hereto. SECTION 3. This ordinance shall become upon adoption. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2019. ______________________________ Hardie Davis, Jr. As its Mayor Attest: __________________________ Lena J. Bonner, Clerk of Commission Seal: CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2019 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: _________________________ WAIVE SECOND READING “EXHIBIT A” Sec. 6-2-2. Definitions. The following are definitions of terms as used in this Chapter: (d) Bar/ Pub: An established place of business which is licensed to sell alcoholic beverages for consumption on the premises and may serve meals to be consumed on the premises and which also may provide live entertainment or contests involving strength or skill and may provide electronic games or pool tables, to include adult dancing establishment / erotic dance establishment as defined in the Augusta, Georgia Adult Entertainment Ordinance.. Sec. 6-2-27. Adult entertainment establishments. (a) Findings; public purpose. Pursuant to the Constitutional Amendment, ratified on November 8, 1994, to Article III, Chapter VI of the Constitution of the State of Georgia, which amendment added a new Section VII to said article and delegated the State's power to regulate, restrict, or prohibit activities involving alcoholic beverages to the counties and municipalities of this State; and in recognition and reliance upon those certain studies, by the City of Austin, Texas and the City of Dallas, Texas, of the effects of adult entertainment establishments in which alcohol is consumed on the premises, which studies show that such establishments engender crime and create undesirable community conditions in the area surrounding them and which studies have previously been considered by the Board of Commissioners of Richmond County; It is hereby declared that the purpose of this section is to regulate certain types of businesses including, but not limited to, adult entertainment establishments, to the end that the many types of criminal activities and undesirable community conditions frequently engendered by such businesses will be curtailed. However, it is recognized that such regulation cannot de facto approach prohibition. Otherwise, a protected form of expression would vanish. As to adult dance establishments, this section represents a balancing of competing interests: reduced criminal activity and protection of the neighborhoods through the regulation of adult entertainment establishments and the protected rights of adult entertainment establishments and patrons. (b) Sale or consumption of alcohol prohibited. No holder of a license or business tax certificate for an adult entertainment establishment shall serve, sell, distribute or suffer the consumption or possession of any alcoholic beverage or controlled substance upon the premises of the licensee or business tax certificate holder; provided, however, nothing herein contained shall affect any vested rights. (a) A business tax certificate holder for an adult dance establishment / erotic dance establishment that can be permitted under the guidelines of the Augusta, Georgia Adult Entertainment Ordinance, is eligible to apply for on-premise alcohol licenses; provided, however, nothing herein contained shall affect any vested rights. Commission Meeting Agenda 3/19/2019 2:00 PM Alcohol Ordinance Adult Entertainment Department:Planning & Development Department:Planning & Development Caption:Motion to approve On-Premise Alcohol Licenses: request approval of amendments to the Augusta, Georgia Code, Title 6, Chapter 2, Article 1, Alcoholic Beverages, to provide that a business tax certificate holder - for an adult dance establishment / erotic dance establishment that can be permitted under the guidelines of the Augusta, Georgia Adult Entertainment Ordinance - is eligible to apply for on-premise alcohol licenses. (Approved by Public Services Committee March 12, 2019) Background:At the February 26, 2019 Public Service Committee meeting the motion was approved to authorize the Planning & Development Department to prepare the necessary amendments to the Alcohol Ordinance that would allow for on-premise consumption of alcoholic beverages in adult entertainment establishments ( adult dance establishment / erotic dance establishment) that comply with the Adult Entertainment ordinance. Analysis:The current Alcohol Ordinance prohibits the sale or consumption of alcohol in adult entertainment establishments, with the exception that business tax certificate holders for adult entertainment establishments that had a valid alcohol license on the effective date of the amendments that prohibited the sale or consumption, have a vested interest. Financial Impact:The proposed Alcohol License fees: On-premise beer: $625.00 - $665.00 On-premises wine: $625.00 - $665.00 On-premise liquor: $3,115.00 - $3,330.00 Alternatives:Do not approve Recommendation:Approve Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 3/19/2019 2:00 PM Alcohol Spcial Event Department:Planning & Development Department:Planning & Development Caption:Motion to approve a request by Tracy Trotter of HOA Restaurant Holder dba Hooters of Augusta located at 2834 Washington Rd for an Alcohol Special Event License for the week of April 6-14, 2019 (Masters Week). There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee March 12, 2019) Background:This is 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 $900.00. Alternatives: Recommendation:The Planning & Development recommend approval. The R.C.S.O. recommend approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Commission Meeting Agenda 3/19/2019 2:00 PM Alcohol Special Event Department:Planning & Development Department:Planning & Development Caption:Motion to approve a request by Jan Scholer of Wings of Augusta dba Wild Wing Café located at 3035 Washington Rd for an Alcohol Special Event License for the week of April 7-13, 2019 (Masters Week). There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee March 12, 2019) Background:This is 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 700.00 Alternatives: Recommendation:The Planning & Development recommend approval. The R.C.S.O. Office recommend approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 3/19/2019 2:00 PM Excess Facilities Charge Agreement- GA Power Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve the Excess Facilities Charge Agreement in the amount of $140,983.06 with Ga. Power Co. for installation of transformers to serve New Electrical Room for the Airport's General Perry Smith Parkway - SED Area. (Approved by Public Services Committee March 12, 2019) Background:The Airport is in the process of building a new electric vault, which will house all the electrical components currently serviced by the old vault, as well as, the airfield lighting system. Georgia Power will be installing 3 phase primary and transformer, which will serve the new vault, and will provide enough power for future needs in the Airport Industrial Park. Analysis:The new vault is currently under construction. Adding the transformer and 3 phase now will be beneficial, saving the Airport time and money. Total cost for the Excess Facilities Installation Charge is $140,983.06. The FAA has agreed to reimburse the Airport for $70,000 of the project cost. The additional funds will come from the Airport’s operating budget for capital improvements. Financial Impact:Reimbursement of $70,000 of cost from FAA. Additional Funds will come from the Airport's Operating Budget for Capital Improvements. Alternatives:To Deny Recommendation:The Aviation Commission has approved and are requesting approval from the Augusta-Richmond County Commission. Funds are Available in the Fund 551 Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission AUGUSTA, GEORGIA New Grant Proposal/Application Before a Dcpartmenuagency may apply for the granUrward on bchalf of Augusta Richmond County, they must first obtain approvalsignature from the Administrator and the l'inance Director. The Administrator will obtain information on the gront program andrequirements from the funding agency and review these for feasibility to determine if this granUaward will benefir AuguitnRichmond County. I'he Finance Director will review the funding requirement to determine if the grant will fit within our budgetstructure and financial goals. Proposal Project No. Project Title PR000207 RECREATIO Senior Innovative program Granl - Bngtram Requesting Thanks Mom & Dad Fund Innovativ6'program Grant for Senior programs Program for Seniors at Brigham Senior Center. No cash match required. EEO required: No EEO Department Notified: No Start Date: 0410112019 Submit Date: 0212112019'I-otal Budgeted Amount: 2,000.00 Sponsor: GM0035 SponsorType: pVT Purpose: l3 End Date: l2l3ll20l9 Department: 061 Total Funding Agency: Thanks Mom & Dad Fund Private Entity Community Contacts tsEGEIVErE__ AD}'IfIISTRATDR'S OFFICE FEB t I 20t9 AUGUSTA.RICHMOND COUNTY Recreation Cesh Metch? 2,000.00 Totel Crsh Mrtch: 0.00 Flow Thru ID: 'l'ype lD I cutoto Adanrs, Joanie (706)796-409s 'l'ype I.'A -ELG. PARKER Approvals Dete 0212I/20t9 Dept. Signature: G ranl Coordl66-to r Signetu re: I .) I hayg reviewed the Grant application and enclosed mate rials and: v{ina the granr./award to be feasible to the needs of Augusta Richmond county 19(ot ^r.x2,t ' ,LAtZrvwt €-u-7q Date 2.\ lhave reviewed the Grant application and enclosed materials and: y' Appronethe Department Agency to move forward with the application I lyis fo.m will also be used to provide the external auditors with information on all grants for compliance andcertification requirements as required by the state and Federal Government. Finance Director Date []scr: Rcporl: 3073 - JOAME ADAMS prgc Currcnt D.tc: (lurrcnt Timt: 0212tn0t9 ll:20 17CM 1O00_PROPOSAL - GM I 000: Granrs Management: I the request t January 2, 2019 Augusta Recreation and Parks/ Senior Services Joyce Downs 2463 Golden Camp Rd Augusta, GA 30906 Dear Joyce Downs: On behalf of the Board of Trustees of the Thanks Mom & Dad Fund@, we thank you for your recent response during the 2C18-19 grant cycle. So many applicants from throughout the state submitted impressive proposals and competilion was high for grants. we are pleased to inform you that a grant to Augusta Recreation and Parks/ senior services in the amount of $2000 has been approved for Henry Brigham Senior Center as described in your proposal. Enclosed is a check for the program. Although checks are foMarded at this time, we announce the grants at the annual Grant Award Reception hosted by the Board of Trustees on Tuesday February 12, 2019. please contac{ David to register. We typically make a brief presentation, followed by a few words of thanks from you and look forward to seeing you there. Please acknowledge your receipt of this check and your agreement with the following conditions by signing and returning a copy of this letter as soon as possible. Conditions: 1 . Grantee warrants that funds will only be used for the purposes described in lhe proposal and in accordance wilh the proposed budget.2. Grantee must provide a status report by May 15, 2019 regardless of whether or not the project is fully completed. We will include the status in a report required by DHS. lf the project is not fully completed May/June, Thanks Mom & Dad Fund will expect a final written report upon completion, not later than December 1, 2019 describing @nclusions, progress, and/or status of objectives including how funds were expended to attain objectives. A reminder and guidance will be provided in April. We appreciate the work you do in the community as we rally together to raise awareness and gathersupport for the growing need for services and programs for the elderly. congratulations; David Coffma Executive Director Thanks Mom & Dad Fund ACCEPTED BY: Name and Title Encl: Check #5978 Date 3355 Lenox Rd, Suite 750, Atlanta, cA 30326 p 404-410-6311 t 4U424-Ap46 www.thanksmomanddadfund.org Commission Meeting Agenda 3/19/2019 2:00 PM Motion to approve acceptance of Senior Innovation Grant Department:Recreation and Parks Department Department:Recreation and Parks Department Caption:Motion to approve the 2019 Thanks Mom and Dad Innovative Program Grant for new senior programs at Brigham Senior Center in the amount of $2000. (Approved by Public Services Committee March 12, 2019) Background:The Augusta Recreation and Parks Department serves over 200 senior citizens daily with nutrition programs, socialization and health and wellness programs.Funding through this grant will allow to expand existing programming. Analysis:The grant provides the mechanism for Augusta, Georgia to receive a $2,000 grant to add senior social activities at Brigham Senior Center. Financial Impact:Augusta does not have to match the grant and the program can be implemented within existing programs. Alternatives:1. To approve the 2019 Thanks Mom and Dad Innovative Grant for the Augusta Recreation and Parks Department. 2. To deny, this would result in forfeiting grant funds. Recommendation:1. To approve the 2019 Thanks Mom and Dad Innovative Grant for the Augusta Recreation and Parks Department. Funds are Available in the Following Accounts: TBD in Fund 220 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 3/19/2019 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:New Ownership Application: A.N.19-10: A request by Narinder Kaur for a retail package Beer & Wine License to be used in connection with Rosier Road Neighbours Mart located at 2228 Rosier Road. District 6. Super District 10. (No recommendation Public Services Committee March 12, 2019) Background:This is a New Ownership Application. Formerly in the name of Mi Seon Choi. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $1,330.00. Alternatives: Recommendation:Staff approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission BID 18-269 Year 2019 Brand Chevy Model Tahoe Delivery Date 12-16Weeks Base Price 5.01 $32,745 5.02 Spot Lamp LED $ 584.00 5.03 Heavy Duty Floor Mats $ 150.00 5.04 Side Assist Steps Standard 5.05 4WD Option Package $ 3,606.00 5.06 Admin Package (Console) $ 1,140.00 5.07 Delivery Fee $ 150.00 6.06 Road Patrol Package $ 8,425.00 6.09 Windshield Tint $ 135.00 OPTIONS TOTAL $ 14,190.00 BASE PRICE: $ 32,745.00 TOTAL FOR OPTIONS AND BASE PRICE 46,935.00$ 2019 Large Pursuit SUV Equipment included in base price: 5.3L V8 ECOTEC 6 Speed Automatic Transmission 18 Inch Aluminum wheels with all terrain tires Heat and Air Conditioning AM/FM/BT Radio Power Windows Power Locks Power Drivers Seat Front Cloth Bucket Seats w/ no console Vinyl Rear Seating Adjustable Tilt Steering Cruise Control Remote Keyless Entry Full Floor Vinyl Flooring Rear Vision Camera Auxillary Battery FOR ALL DEPARTMENTS- Large Pursuit SUV-BIDS OPENED 9/21/18 @ 11:00 Family Ford Inc. 5.01 FINAL REPORT: Yes No REPORTING PERIOD Quarter Oct 01 2018 - Dec 31 2018 ITEM NO QUANTITY COST EACH TOTAL COST AMOUNT OBLIGATED (A) AMOUNT EXPENDED(B) 001 1 27,778.00$ 27,778.00$ 27,778.00$ 27,778.00$ 002 1 57,333.56$ 57,333.56$ 57,333.56$ 003 1 5,421.48$ 5,421.48$ 5,421.48$ 5,421.48$ 004 1 7,467.00$ 7,467.00$ 7,467.00$ 7,467.00$ 005 1 1,999.96$ 1,999.96$ 1,999.96$ 1,999.96$ -$ -$ -$ -$ -$ -$ -$ 100,000.00$ 100,000.00$ 42,666.44$ EMW-2017-SS-00015-S01 SHO17-008 Total -- Includes Amounts from Page 2 2017 IED / EOD Protective Operational Clothing Total Containment Equipment upgrade / Repair ITEM DESCRIPTION Protective Bomb Suit Bomb Tech / CBRNE Equipped Response Vehicle PRINTED NAME AND TITLE COUNTY Richmond AREA 3 400 Walton Way Augusta, Ga. 30901 Replacement Battaries all types and sizes GAN NUMBER Cpl. Bruce Williams CONTACT NAME: GEORGIA EMERGENCY MANAGEMENT AGENCY/HOMELAND SECURITY FISCAL YEAR QUARTERLY FINANCIAL STATUS REPORT (FSR) * Richmond County Sheriff's Office 706-821-1486 / 706-799-4362 CONTACT PHONE / ALTERNATE NO. GEMA/HS GRANT NUMBER * OBLIGATIONS AND EXPENDITURES MUST BE REPORTED TO GEMA/HS ON A QUARTERLY BASIS THROUGH THE USE OF THE FSR. PLEASE COMPLETE FORM BY UPDATING INFORMATION IN SECTIONS (A) AND (B) ABOVE. NOTE: FUNDS ARE OBLIGATED (A) AT THE TIME THAT THE ORDER IS PLACED. FUNDS ARE EXPENDED (B) WHEN THE INVOICES ARE PAID. APPLICANT (Agency/ Department) SIGNATURE OF SUBRECIPIENT'S AUTHORIZED REPRESENTATIVE ADDRESS: Under penalty of perjury, I certify that all expenses, listed on this report are in accordance with the Office of Management and Budgets “Uniform Guidance” (http://www.grants.gov/web/grants/learn-grants/grant-policies/omb-uniform-guidance-2014.html), Title 44 of the Code of Federal Regulations, Chapter 1 Part 13 (http://www.gpoaccess.gov/cfr/index.html), and the Homeland Security Grant Program guidance document located online at (https://www.fema.gov/homeland-security-grant-program). ITEM NO QUANTITY COST EACH TOTAL COST AMOUNT OBLIGATED (A) AMOUNT EXPENDED(B) -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ ITEM DESCRIPTION Continuation from Page 1 Subtotal (Reports to Page 1) GEORGIA EMERGENCY MANAGEMENT AGENCY/ HOMELAND SECURITY For use with HSGP: State Homeland Security Program (SHSP), Urban Area Security Initiative (UASI); Non-Profit Security Grant (NSGP) 1 2 3 4 5 6 Item 001 Item 002 Item 003 Item 003 EXAMPLE: The totals for the Original Total Budgeted Amount and the Revised Total Budgeted Amount should be the same, unless directed by GEMA/HS to do differently. Begin by filling out the top of the form (Date, Grant Number, Agency Name, Requestor information). Begin by filling out the current approved budget from your Approved Budget Worksheet (Category, Item, Quantity (QTY), and Total Budgeted Amount). Enter the Revised Quantity and Revised Total Budgeted Amount. If there is no change requested for that specific line item enter the original QTY and Original Total Budgeted Amount into the Revised Quantity and Revised Total Budgeted Amount. The final goal is for the Revised Budget Column to be the budget you To add a new item, first choose the Category and add the Item. Leave QTY and Original Total Budgeted Amount blank and add the Revised QTY and Revised Total Budgeted Amount. QTY: If the quantity has increased or decreased from the original Approved Budget Worksheet enter the Revised Quantity here.REVISED QTY: REVISED BUDGETED AMOUNT:If the TOTAL budgeted amount for the line item has increased or decreased from the original Approved Budget Worksheet enter the Revised Total Budgeted Amount for that line item here. AMOUNT INCREASE/DECREASE:This amount auto-calculates and is used by GEMA/HS to process Budget Adjustments. CAT: ITEM: The original Budgeted Amount was $150, but because the agency is increasing the quantity needed the Revised Total Budget Amount is increasing by $50. INSTRUCTIONS FOR COMPLETING BUDGET ADJUSTMENT DEFINITIONS: ITEM #: The original Budgeted Amount was $500, but because the agency is reducing the quantity needed the Revised Total Budget Amount is decreasing by $200. The original Budgeted Amount was $1000, but this line item isn't changing, so the agency is putting the same information in the Revised Columns. This is a new item. There is no prior Quantity or Original Budgeted Amount, so these should be left empty; however, the Revised Quantity and Revised Total Budgeted Amount will include the amount(s) for the new item(s). In this case reallocating $150. This amount is the TOTAL budgeted amount for that line item from the Approved Budget Worksheet. This number should coordinate with the item number on your original Approved Budget Worksheet. This will be the category of the item being listed. For example, SAR for Search and Rescue, or, PPE for Personal Protective Equipment. This should correspond with the FEMA Authorized Equipment List (AEL) located at https://www.fema.gov/authorized-equipment-list. This is the item being purchased. This should correspond with the Approved Budget Worksheet and should be allowable per the FEMA AEL. Enter the original quantity amount for that line item from the Approved Budget Worksheet. ORIGINAL BUDGETED AMOUNT: GEORGIA EMERGENCY MANAGEMENT AGENCY/ HOMELAND SECURITY For use with HSGP: State Homeland Security Program (SHSP), Urban Area Security Initiative (UASI); Non-Profit Security Grant (NSGP) DATE:GRANT NUMBER: (SHO-, SUA-, SNS-)AGENCY: NAME/TITLE PHONE: EMAIL: ITEM # CAT QTY REVISED QTY REVISED BUDGETED AMOUNT 001 EOD 1 1 27,778.00$ 002 EOD 1 1 57,333.56$ 003 PPE 6 6 5,421.48$ 004 EOD 1 1 7,467.00$ 005 EOD 1 1 1,999.96$ 006 007 008 009 010 011 012 013 014 015 016 017 018 019 020 021 022 023 024 025 -$ TOTAL TOTAL 100,000.00$ ORIGINAL BUDGETED AMOUNT 32,000.00$ 45,000.00$ 6,000.00$ 15,000.00$ 2,000.00$ 100,000.00$ Bomb Tech / CBRNE Equipped Response Vehicle IED/EOD Protective Operational Clothing Total Containment Equipment upgrade / repair Replacement Battaries all types and sizes ITEM REQUESTOR: 11/19/2018 SHO17-008 Cpl. Bruce Williams 706-821-1486 -$ GEMA/HS APPROVALSUB-RECIPIENT SIGNATURE Cpl. Bruce A. Williams PRINTED NAME 12,333.56$ Protective Bomb Suit -$ SUBTOTAL FROM CONTINUATION PAGE (If Needed) -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ (0.00)$ (7,533.00)$ (0.04)$ -$ REQUEST FOR BUDGET ADJUSTMENT AMOUNT INCREASE / DECREASE (4,222.00)$ bawilliams@augustaga.gov COST ESTIMATE Richmond County Sheriff's Office (578.52)$ GEORGIA EMERGENCY MANAGEMENT AGENCY/ HOMELAND SECURITY For use with HSGP: State Homeland Security Program (SHSP), Urban Area Security Initiative (UASI); Non-Profit Security Grant (NSGP) ITEM CAT QTY REVISED QTY REVISED BUDGETED AMOUNT 026 027 028 029 030 031 032 033 034 035 036 037 038 039 040 041 042 043 044 045 046 047 048 049 050 051 052 053 054 055 056 057 058 059 060 TOTAL -$ -$ -$ -$ -$ -$ -$ -$ ITEM ORIGINAL BUDGETED AMOUNT -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ AMOUNT INCREASE / DECREASE SUBTOTAL (Continuation) COST ESTIMATE REQUEST FOR BUDGET ADJUSTMENT, CONTINUED Invitation to Bid Sealed bids will be received at this office until Friday, September 21, 2018 @ 11:00 a.m. for furnishing: Bid Item #18-269 2019 Large Pursuit SUV – Augusta, GA Central Services Department - Fleet Maintenance Bid Item #18-280 2018/2019 Landscape Truck – Augusta, GA Central Services Department - Fleet Maintenance Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, September 7, 2018 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle August 16, 23, 30, September 6, 2018 Metro Courier August 16, 2018 OFFICIAL VENDORS HARDY CHEVY BUICK GMC, INC 1249 CHARLES HARDY PKWY DALLAS, GA 30157 Attachment B Yes E-Verify Number 382278 SAVE Form Yes Year 2019 Make CHEVY Model TAHOE Approximate Delivery Schedule 12-16 WKS ARO 5.01 - 2019 Large Pursuit SUV, 4x2, V-8 $32, 745.00 5.02-Spot Lamp LED $584.00 5.03-Heavy Duty Floor Mats $150.00 5.04-Side Assist Steps STANDARD 5.05-4WD Option Package $3,606.00 5.06- Administrative Package $1,140.00 5.07-Delivery Charge $150.00 5.08-Exterior Color Not Included in Base Price $500.00 5.09-Exterior Color Not Included in Base Price $500.00 5.10-Exterior Color Not Included in Base Price N/A 6.01 Bush Field Fire Package $5,586.00 6.02 1 Each TESSCO 27208 ANTENEX 17’ Co- Axial Cable w/Mini UHF $26.00 6.03 Labor to Install Customer Supplied Radio and Antenna $200.00 6.04 Administrative Package $2,035.00 6.05 Civil Package $3,543.00 6.06 Road Patrol Package $8,425.00 6.07 Fire Extinguisher $55.00 6.08 Outlet Receptacle $60.00 6.09 Windshield Tint $135.00 Bid Opening Item #18-269 2019 Large Pursuit SUV for Augusta, Georgia- Central Services Department-Fleet Maintenance Bid Due: Friday, September 21 , 2018 @ 11:00 a.m. General Options Total Number Specifications Mailed Out: 15 Total Number Specifications Download (Demandstar): 1 Total Electronic Notifications (Demandstar): 73 Mandatory Pre-Bid/Telephone Conference: N/A Total packages submitted: 1 Total Non-Compliant: 0 5.00 Vehicle/Manufacturer Options Required: 6.00 Outfitter Specialty Items : Page 1 of 1 OFFICIAL VENDORS HARDY CHEVY BUICK GMC, INC 1249 CHARLES HARDY PKWY DALLAS, GA 30157 Attachment B Yes E-Verify Number 382278 SAVE Form Yes Year 2019 Make CHEVY Model TAHOE Approximate Delivery Schedule 12-16 WKS ARO 5.01 - 2019 Large Pursuit SUV, 4x2, V-8 $32, 745.00 5.02-Spot Lamp LED $584.00 5.03-Heavy Duty Floor Mats $150.00 5.04-Side Assist Steps STANDARD 5.05-4WD Option Package $3,606.00 5.06- Administrative Package $1,140.00 5.07-Delivery Charge $150.00 5.08-Exterior Color Not Included in Base Price $500.00 5.09-Exterior Color Not Included in Base Price $500.00 5.10-Exterior Color Not Included in Base Price N/A 6.01 Bush Field Fire Package $5,586.00 6.02 1 Each TESSCO 27208 ANTENEX 17’ Co- Axial Cable w/Mini UHF $26.00 6.03 Labor to Install Customer Supplied Radio and Antenna $200.00 6.04 Administrative Package $2,035.00 6.05 Civil Package $3,543.00 6.06 Road Patrol Package $8,425.00 6.07 Fire Extinguisher $55.00 6.08 Outlet Receptacle $60.00 6.09 Windshield Tint $135.00 Bid Opening Item #18-269 2019 Large Pursuit SUV for Augusta, Georgia- Central Services Department-Fleet Maintenance Bid Due: Friday, September 21 , 2018 @ 11:00 a.m. General Options Total Number Specifications Mailed Out: 15 Total Number Specifications Download (Demandstar): 1 Total Electronic Notifications (Demandstar): 73 Mandatory Pre-Bid/Telephone Conference: N/A Total packages submitted: 1 Total Non-Compliant: 0 5.00 Vehicle/Manufacturer Options Required: 6.00 Outfitter Specialty Items : Page 1 of 1 BID 18-269 Year 2019 Brand Chevy Model Tahoe Delivery Date 12-16Weeks Base Price 5.01 $32,745 5.05 4WD Option Package $ 3,606.00 5.06 Admin Package (Console) $ 1,140.00 5.07 Delivery Fee $ 150.00 6.04 Administrative Light Package $ 2,035.00 6.09 Windshield Tint $ 135.00 OPTIONS TOTAL $ 7,066.00 BASE PRICE: $ 32,745.00 TOTAL FOR OPTIONS AND BASE PRICE 39,811.00$ 2019 Large Pursuit SUV Equipment included in base price: 5.3L V8 ECOTEC 6 Speed Automatic Transmission 18 Inch Aluminum wheels with all terrain tires Heat and Air Conditioning AM/FM/BT Radio Power Windows Power Locks Power Drivers Seat Front Cloth Bucket Seats w/ no console Vinyl Rear Seating Adjustable Tilt Steering Cruise Control Remote Keyless Entry Full Floor Vinyl Flooring Rear Vision Camera Auxillary Battery FOR ALL DEPARTMENTS- Large Pursuit SUV-BIDS OPENED 9/21/18 @ 11:00 Family Ford Inc. 5.01 Commission Meeting Agenda 3/19/2019 2:00 PM 2019 - Sheriff Bomb Truck Grant: Bid Item #18-269 Department:Central Services Department - Fleet Management Division Department:Central Services Department - Fleet Management Division Caption:Motion to approve the updated agenda item to approve the purchase of one Chevrolet Tahoe Pursuit using a sub-grant funded by the Federal Homeland Security Grant Program through the the state of Georgia for the Richmond County Sheriff's Office and one Chevrolet Tahoe for the Richmond County Coroner's Office using SPLOST 7 funds. (Approved by Administrative Services Committee March 12, 2019) Background:The Richmond County Sheriff’s Office has received a grant, through the State of Georgia, from the Federal Homeland Security Grant Program (details attached). The grant will authorize the expenditure of up to $57,333.56 for one Bomb Squad Technology Equipped Response Vehicle (see attachment). This vehicle will be utilized by the Richmond County Sheriff’s Office –Special Operations Division. Analysis:The Procurement Department published a competitive bid using the Demand Star application for Large Pursuit SUV’s with the following results: Bid 18-269 Large Pursuit SUV: 2019 Chevrolet Tahoe – Hardy Chevrolet - $46,935.00 Financial Impact:No impact on Capital Outlay or SPLOST funding. RCSO has received grant funding for the purchase of this vehicle. Augusta will be responsible for the operating cost of the vehicle. Alternatives:(1) Approve the request; (2) Do not approve the request. Recommendation:Approve the purchase of one Chevrolet Tahoe Pursuit SUV for the Richmond County Sheriff’s Office funded by Grant # SHO17-008 220-03-9266/54.22110 FY17 FEMA Bomb Grant Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission BID 18-234A Year 2018/2019 2018 2018 2018 Make CAT JCB JOHN DEERE CASE Model 415 3CX 310SL 580NEP Bid Price (5.01)$75,365.00 $60,850.68 $72,372.44 $62,523.00 Delivery Date 60-90 DAYS ARO 60 DAYS ARO 90-120 DAYS ARO 90 DAYS ARO Optional Item 6.01 Keys (3 Total)$25.00 $72.95 $15.00 $0.00 6.02 Fire Extingusiher $38.00 $64.10 $62.00 $0.00 6.03 Operator Manuals $550.00 $561.94 $876.00 $0.00 6.04 Delivery Charge $100.00 $750.00 $500.00 $0.00 7.01 Master Disconnect Switch Standard Standard $166.60 Included 7.02 Anit-Rebound System $420.00 Standard Included Included 7.03 Load Stabilizer System Standard Standard $1,354.50 Included 7.04 Air Ride Suspension Seat $500.00 Included $343.00 N/A 7.05 ROPS/FOPS $4,300.00 Included $9,022.30 $7,482.00 7.06 Sun Visor Standard Included $64.40 Included 7.07 Air Conditioning/Heat Sytem Included $15,586.00 Standard Included 7.08 LED Lighting Package $450.00 $1,104.00 $717.50 $2,425.00 7.09 Tool Box $200.00 Included Standard $198.00 7.10 Beacon Light $125.00 $197.00 $257.00 Included 7.11 Placard-Slow Moving Vehicle (SMV)$100.00 $30.00 $77.70 Included TOTALS:$82,173.00 $79,216.67 $85,828.44 $72,628.00 BACKHOE/LOADER - BID OPENING 9/11/18 @ 11:00 YANCEY BROTHERS LOW COUNTRY TCB FLINT CONSTRUCTION $ FORESTRY DIVISION BORDER EQUIPMENT Invitation to Re-Bid Sealed bids will be received at this office until Tuesday, September 11, 2018 @ 11:00 a.m. for furnishing: Re-Bid Item #18-234A Backhoe Loader – Augusta, GA Central Services Department - Fleet Maintenance Re-Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Re-Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, August 24, 2018 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle August 2, 9, 16, 23, 2018 Metro Courier August 2, 2018 OFFICIAL VENDORS YANCY BROTHERS 4165 MIKE PADGETT HWY AUGUSTA, GA 30906 LOW COUNTRY TCB 1008 E. HWY 80 POOLER, GA 31322 FLINT CONSTRUCTION & FORESTRY DIVISION 1900 WILLIAM FEW PARKWAY GROVETOWN, GA 30813 BORDER EQUIPMENT 2804 WYLDS ROAD AUGUSTA, GA 30909 Attachment B YES YES YES YES E-Verify Number 686717 198415 344722 705362 SAVE Form YES YES YES YES Year 2018/2019 2018 2018 2018 Make CAT JCB John Deere CASE Model 415 3CX 310SL 580NEP Approximate Delivery Schedule 60-90 Days ARO 60 Days ARO 90-120 Days ARO 90 Days ARO 5.01 - 2018/2019 Backhoe Loader, 4WD $75,365.00 $60,850.68 $72,372.44 $65,523.00 6.01 Keys-(3 sets Total)$25.00 $72.95 $15.00 $0.00 6.02 Fire Extinguisher $38.00 $64.10 $62.00 $0.00 6.03 Operator Manuals (2 ea)$550.00 $561.94 $876.00 $0.00 6.04 Delivery Charge $100.00 $750.00 $500.00 $0.00 7.01 Master Disconnect Switch Standard Standard $166.60 Included 7.02 Anti-Rebound System $420.00 Standard Included Included 7.03 Load Stabilizer System Standard Standard $1,354.50 Included 7.04 Air Ride Suspension Seat $500.00 Included $343.00 N/A 7.05 ROPS/FOPS $4,300.00 Included $9,022.30 $7,482.00 7.06 Sun Visor Standard Included $64.40 Included 7.07 Air Conditioning and Heat System Included $15,586.00 Standard Included 7.08 LED Light System Package $450.00 $1,104.00 $7,017.50 $2,425.00 7.09 Tool Box $200.00 Included Standard $198.00 7.10 Beacon Light $125.00 $197 $257.00 Included 7.11 Placard-Slow Moving Vehicle (SMV) $100.00 $30 $77.70 Included Bid Opening Item #18-234A Backhoe Loader for Augusta, Georgia- Central Services Department-Fleet Maintenance Bid Due: Tuesday, September 11 , 2018 @ 11:00 a.m. General Options Total Number Specifications Mailed Out: 16 Total Number Specifications Download (Demandstar):0 Total Electronic Notifications (Demandstar): 55 Mandatory Pre-Bid/Telephone Conference: N/A Total packages submitted: 4 Total Non-Compliant: 0 Vehicle/Optionals Required: 7.00 Manufacturer Options: 6.00 Specialty Items Required: Page 1 of 1 Invitation to Bid Sealed bids will be received at this office until Tuesday, November 6, 2018 @ 3:00 p.m. for furnishing: Bid Item #18-305 Sewer Vacuum Truck – Augusta, GA Central Services Department – Fleet Maintenance– Fleet Maintenance Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, October 19, 2018 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle September 27, October 4, 11, 18, 2018 Metro Courier September 27, 2018 OFFICIAL Vendors Environmental Products of Georgia 4410 Wendell Dr SW Atlanta, GA 30336 Adams Equipment 6971 Oak Ridge Commerce Way Austell, GA 30168 H.D. Industries P.O. Box 8250 Jacksonville, TX 75766 Attachment B Yes Yes NO Bid E-Verify Number 312637 224309 SAVE Form Yes Yes Year 2020 2019 Brand Vactor Vac-Con Model 2115I VPD3616HEN/1500 Bid Price $414,947.00 $484,485.00 Delivery Date May-June 2019 120 Days ARO 2018/2019 Sewer Vacuum Truck Total Number Specifications Mailed Out: 10 Total Number Specifications Download (Demandstar): 4 Total Electronic Notifications (Demandstar): 16 Total Number of Specifications Mailed Out to Local Vendors: 2 Total packages submitted: 2 Total Non-Compliant: 0 Bid Opening Item #18-305 Sewer Vacuum Truck for Augusta, Georgia – Central Services Department-Fleet Maintenance Division Bid Due: Tuesday, November 6, 2018 @ 3:00 p.m. Page 1 of 1 Commission Meeting Agenda 3/19/2019 2:00 PM 2019 - Utilities Construction Equipment - Bid #18-234A & ITB 18-305 Department:Central Services Department - Fleet Management Division Department:Central Services Department - Fleet Management Division Caption:Motion to approve request from Augusta Utilities Department Construction and Maintenance Division to replace one backhoe loader to Border Equipment utilizing ITB #18- 234A and lease two sewer vacuum trucks to Environmental Products of Georgia utilizing ITB 18-305. (Approved by Administrative Services Committee March 12, 2019) Background:The Construction and Maintenance Division requests the replacement of a 15-year-old Komatsu WB140-2N backhoe loader. The backhoe was purchased in May 2004 and over its operational life has accumulated 120 maintenance work orders at a cost of over $52,000 in repairs. The age and extensive maintenance cost has made this backhoe loader a liability to the Division. The Division would like to lease two sewer vacuum trucks under a 4 year contact. The normal life expectancy for this type vehicle is 5 years due to the nature of its use. After 5 years a major retrofit is required due to the high maintenance cost from normal use. The retrofit would take the truck out of operation for 30 to 60 days for completion. Considering the high expense to purchase, the high maintenance cost and the cost to refurbish, the Division believes it is more economical and operationally efficient to lease the sewer vacuum truck than purchase it. The lease will be supported by a maintenance contract. Analysis:The Procurement Department published an invitation to bid using the demand Star national electronic bid application for the backhoe loader and the sewer vacuum truck with the following results: Bid 18-234A: Backhoe Loader: 2018 Case 580NEP- Border Equipment: $72,628 (Augusta, GA); 2018 Cat 415 – Yancey Brothers: $82,173: $82,173 (Augusta, GA); 2018 JCB 3CX – Low Country TCB: $79,216 (Pooler, GA); 2018 John Deere – Flint Construction: $85,828.44 (Grovetown, GA). Tab Sheet is enclosed. Recommendation is to award this item to Border Equipment. Bid 18-305 Sewer Vacuum Truck: 2020 Vactor 2115i – Environmental Products of Georgia: $414,947.00 X 2 = $829,894.00 (Atlanta, GA); 2019 Vac-Con VPD316HEN/1500 –Adams Equipment: $484,485.00 = $968,970.00 (Austell, GA). Environmental Products of Georgia annual lease payment: lease for the trucks is $169,789.49 (each year for 4 years) and annual maintenance payments of $24,000 per year; annual total payment is $193,789.49. Tab sheet are enclosed The lease end options are: (1) to purchase the truck for $124,484.00 each or (2) allow the lease to expire with the vendor paying the final payment of $248,968.00 balloon payment, or renew another lease. Financial Impact:The 2019 backhoe loader will be purchased using the Utilities Capital Outlay (account: 506-04-3410/54.22510). The sewer vacuum trucks leases will be paid through the Departments enterprise operating funds. (506-04-3410/58.22110). Alternatives:(1) Approve the request, (2) approve the request in part or (3) disapprove the request. Recommendation:Approve the purchase of one backhoe loader from Border Equipment for $72,628 utilizing Bid #18-234A and the 4-year lease of the sewer vacuum trucks from Environmental Products utilizing Bid # 18-305, with a 4-year maintenance program for an annual payment of $193,789.49 each year for 4 years. Funds are Available in the Following Accounts: 506-04-3410/5422510 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 3/19/2019 2:00 PM Approval for Sale of 3209 Sylvan Court Department:Housing and Community Development Department Department:Housing and Community Development Department Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to sell property located at 3209 Sylvan Court to an approved homebuyer. (Approved by Administrative Services Committee March 12, 2019) Background:The Neighborhood Stabilization Program (NSP) was established for the purpose of providing emergency assistance to stabilize communities with high rates of abandoned and foreclosed homes, and to assist households whose annual incomes are up to 120 percent of the area median income (AMI). Through the Neighborhood Stabilization Program (NSP), Augusta Housing and Community Development purchased, rehabilitated and sold 3209 Sylvan Court in 2013 to an eligible homebuyer. Due to nonpayment this property was foreclosed on August 1, 2017. HCD has taken possession of the property and rehabilitated it to make it available to a homebuyer. Through advertisement with Meybohm Realty (c/o Realtor Elmyria Chivers), an offer has been received for the purchase of the property. In accordance to the rules and regulations of the NSP Program, the homeowners are eligible and the offer is valid. Analysis:The approval of the sale of this property will have a positive impact on the community by increasing the tax base in Augusta, Georgia and furthering Workforce Housing. Financial Impact:Little Appraisal Company appraised the property for $112,000, and the homebuyer has offered a cash offer of $113,000. There is no other financial commitment being offered by Augusta, Georgia (via HCD). Alternatives:Do not approve the sale of 3209 Sylvan Court. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to sell property located at 3209 Sylvan Court to an approved homebuyer. Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: Neighborhood Stabilization Program (NSP) funds. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission MAYOR HARDIE DAVIS, JR. AUGUSTA COMMISSION DISTRICT 1 WILLIAM FENNOY DISTRICT 6 BEN HASAN DISTRICT 2 DENNIS WILLIAMS DISTRICT 7 SEAN FRANTOM DISTRICT 3 MARY DAVIS, MAYOR PRO TEM DISTRICT 8 WAYNE GUILFOYLE DISTRICT 4 SAMMIE SIAS DISTRICT 9 MARION WILLIAMS DISTRICT 5 ANDREW JEFFERSON DISTRICT 10 GRADY SMITH TAKIYAH A. DOUSE - DIRECTOR RICK ACREE - PROJECT MANAGER RCN CONTRACTING - GENERAL CONTRACTOR CHRISTOPHER BOOKER & ASSOCIATES - ARCHITECT ADMINISTRATOR CONSTRUCTION MANAGEMENT FUNDED BY SPECIAL PURPOSE LOCAL OPTION SALES TAX LENA BONNER - CLERK OF COMMISSION CENTRAL SERVICES DEPARTMENT AUGUSTA PLANNING & DEVELOPMENT DEPARTMENT 2018 JANICE ALLEN JACKSON MAYOR HARDIE DAVIS, JR. AUGUSTA COMMISSION DISTRICT 1 WILLIAM FENNOY DISTRICT 6 BEN HASAN DISTRICT 2 DENNIS WILLIAMS DISTRICT 7 SEAN FRANTOM DISTRICT 3 MARY DAVIS, MAYOR PRO TEM DISTRICT 8 WAYNE GUILFOYLE DISTRICT 4 SAMMIE SIAS DISTRICT 9 MARION WILLIAMS DISTRICT 5 ANDREW JEFFERSON DISTRICT 10 GRADY SMITH TAKIYAH A. DOUSE - DIRECTOR RICK ACREE - PROJECT MANAGER CONTRACT MANAGEMENT INC. - GENERAL CONTRACTOR CHRISTOPHER BOOKER & ASSOCIATES - ARCHITECT JANICE ALLEN JACKSON AUGUSTA CENTRAL SERVICES DEPARTMENT 2018 ADMINISTRATOR CONSTRUCTION MANAGEMENT FUNDED BY SPECIAL PURPOSE LOCAL OPTION SALES TAX LENA BONNER - CLERK OF COMMISSION CENTRAL SERVICES DEPARTMENT MAYOR HARDIE DAVIS, JR. AUGUSTA COMMISSION DISTRICT 1 WILLIAM FENNOY DISTRICT 2 DENNIS WILLIAMS DISTRICT 3 MARY DAVIS, MAYOR PRO TEM DISTRICT 4 SAMMIE SIAS DISTRICT 5 ANDREW JEFFERSON DISTRICT 6 DISTRICT 7 DISTRICT 8 DISTRICT 9 DISTRICT 10 LENA BONNER- CLERK OF COMMISSION FUNDED BY BONDS ISSUED BY URBAN REDEVELOPMENT AGENCY OF AUGUSTA MARION WILLIAMS GRADY SMITH, JOHN CLARKE GENERAL CONTRACTOR CIVIL ENGINEER CRANSTON ENGINEERING GROUP JONES LANG LASALLE, INC. GEORGIA CYBER CENTER PARKING FACILITY 2018 ADMINISTRATOR JANICE ALLEN JACKSON M. ARTHUR GENSLER JR. & ASSOCIATES CONSTRUCTION PROJECT MANAGER NEW SOUTH CONSTRUCTION COMPANY, INC. BONNIE RUBEN HARDI JONES ISSAC MCKINNEY SEAN FRANTOM WAYNE GUILFOYLE BEN HASAN ARCHITECT URBAN REDEVELOPMENT AGENCY AUGUSTA BOARD MEMBERS BOB YOUNG - CHAIR BRAD OWENS - VICE CHAIR Commission Meeting Agenda 3/19/2019 2:00 PM Approve Dedication Plaque Text - Planning, Central Services and Cyber Deck Department:Central Services - Facilities Department:Central Services - Facilities Caption:Motion to approve the proposed drafts of the dedication plaques for the following projects: Augusta Planning and Development Department - Renovation Augusta Central Services Department - Renovation and Addition (Approved by Administrative Services Committee March 12, 2019) Background:The Augusta Commission has adopted a policy to recognize the completion of a new installation, new building, or major renovation to an existing building as an event of importance to the community by adopting a policy which establishes guidelines for dedication plaques commemorating these projects. The attached projects have been completed within the last 18 months. In accordance with the adopted policy, we submitting the information on dedication plaques for these projects to the Commission for approval prior to requesting pricing. Analysis:The proposed dedication plaque will be installed inside the building in close proximity to the entrance. The material will be cast aluminum. Financial Impact:Estimated to be approximately $2,500 per plaque. Alternatives:Approve the proposed drafts of the dedication plaques for the following projects: • Augusta Planning and Development Department – Renovation • Augusta Central Services Department – Renovation and Addition • Georgia Cyber Center Parking Facility. 2. Amend the draft(s) and approve 3. Do not approve the draft(s) Recommendation: Approve the proposed drafts of the dedication plaques for the following projects: • Augusta Planning and Development Department - Renovation • Augusta Central Services Department – Renovation and Addition • Georgia Cyber Center Parking Facility Funds are Available in the Following Accounts: Funding is to come from the individual project budgets. This agenda item is for approval of the plaque text only in accordance with Augusta Commission Policy. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 3/19/2019 2:00 PM Certification of Consistency Department:Housing & Community Development Department:Housing & Community Development Caption:Motion to authorize Housing and Community Development Department’s (HCD's) Director to execute a Certification of Consistency with Local Consolidated Plan for SAFEHOMES, Inc. Domestic Violence Shelter in Augusta, Georgia. (Approved by Administrative Services Committee March 12, 2019) Background:Augusta, GA’s (administered by HCD) Consolidate Plan for Community and Housing Development needs substantiates forming necessary partnerships to ensure stable housing options for persons experiencing and/or fleeing domestic violence situations. As a new requirement of the State of Georgia Department of Community Affairs Annual Emergency Solutions Grant competition, providers that wish to be eligible to provide these services with DCA funds must include the attached form for every community from which they anticipate receiving client referrals. Analysis:The approval of the authority for HCD’s Director to execute this Certification will allow for SAFEHOMES, Inc. to proceed with submission of their funding application to the State of Georgia’s Department of Community Affairs and for referrals to be made from local sources as appropriate. Approval will also have a positive impact on the community by increasing the capacity for further future housing referral partnerships for Augusta, Georgia. Financial Impact:This action has no financial impact for the City of Augusta, Georgia. Alternatives:Do not approve HCDs Request. Recommendation: Motion to approve authorization for Housing and Community Development Department’s (HCD's) Director to execute a Certification of Consistency with Local Consolidated Plan for SAFEHOMES, Inc. Domestic Violence Shelter in Augusta, Georgia. Funds are Available in the Following Accounts: N/A. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Lena Bonner From: Sent: To: Cc: Subject: Ms Bonner, Commissioner Sammie Sias Wednesday, March 06,2OLg 9:02 AM Lena Bonner Janice Allen Jackson; Takiyah A. Douse; Lonnie wimberly; Glenn parker; commissionerWilliam Fennoy; Nancy Morawski Deck at Lake Olmstead park Please place the following item on the Administrative Services agenda for t2March zotg. Request that the central Services Department provide an update on the condition of the patio deck at thepark. This update must include the following: The condition of the deck. ls it repairable or should it be completely replaced? ls this issue an emergency due to event obligations? Should the work be contracted out or done in house? Would contracting out be most effective and efficient? Also, please provide any additional information you find relevant. Thanking everyone in advance. Sammie L. Sias Commissioner, Augusta Richmond County "Foilure is not on Option" The city of Augusta accepts no lialr;lity foi ihe content of this *-*ilt or r,:, it e .ini"qr"r."* of any actions ta[en on the basis of the information provided, unress lhose of the city of Auuusta' E-maii lransmissions cannot be guaranieed to be secure or error-free as infonnition could be intercepted, corrupted, lost, destroyecl, a result of the e-mail transrnissian. lf velificatii:n is required. ptease ,equesi ;;JJ ;il; version.AED:104 1 Commission Meeting Agenda 3/19/2019 2:00 PM Discuss Patio deck at the Lake Olmstead Department: Department: Caption:Motion to approve outsourcing the work on the patio deck at the Lake Olmstead Park with staff working with Procurement to complete the work as an emergency project. (Approved by Administrative Services Committee March 12, 2019) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Small Business Development Loan Fund Program Agreement Page 1 AGREEMENT Between AUGUSTA, GEORGIA Through HOUSING AND COMMUNITY DEVELOPMENT And Leibra Inc. dba Whipped Creamery For YEAR 2017 SMALL BUSINESS LOAN (SBL) PROGRAM This Agreement is made and entered into this 13th day of December, 2018, by and between Augusta, Georgia, by and through the Augusta-Richmond County Commission, as the Implementer of the Community Development Block Grant Program (hereinafter referred to as “Grantee”), and Leibra Inc. dba Whipped Creamery (hereinafter referred to as the “Sub- recipient”). WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Sub-recipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto as follows: ARTICLE I. DEFINITIONS AND IDENTIFICATIONS Unless the context otherwise requires, the capitalized terms used herein and not otherwise defined shall have the meaning assigned to them in this Article I. Community Development Block Grant (CDBG) Program or “Program” The term “Community Development Block Grant (CDBG) Program”, or “Program” shall mean that program administered by the Housing and Community Development Department of the City and funded by a Community Development Block Grant applied for by the City and awarded by HUD as authorized pursuant to Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amended. Department The term “Department” shall mean the Housing and Community Development Department of the City. Grantee The term “City” shall mean Augusta, Georgia. HUD The term “HUD” shall mean the U. S. Department of Housing and Urban Development. Project The term “Project” shall mean the project of projects set forth in Article III hereto entitled “Scope of Services and Timetable.” Low and Moderate Income Household The term “Low and Moderate Income Household” shall mean a household having an income equal to or less that the Section 8 low income limit established by HUD. Low and Moderate Income Person The term “Low and Moderate Income Person” shall mean a member of a family having an income equal to or less than the Section 8 low income limit established by HUD (80% of Area Median Income). Unrelated individuals will be considered as one-person families for this purpose. Household Small Business Development Loan Fund Program Agreement Page 2 Household means all the persons who occupy a housing unit. The occupants may be a single family, one person living alone, two or more families living together, or any other related or unrelated person who share living arrangements. ARTICLE II: PREAMBLE In order to establish the background, context and frame of reference for this Agreement and to manifest the objectives and the intentions of the respective parties herein, the following statements, representations and explanations are set forth. Such statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions, which follow, and may be relied upon by the parties’ essential elements of the mutual considerations upon which this Agreement is based. A. Title I of the Housing and Community Development Act of 1974, P. L. 93-383 (hereinafter the “Act”) consolidated several existing programs for community development into a single program of Community Development Block Grants (hereinafter “CDBG”) for the purpose of allowing local discretion for the determination of needs and priorities of community development. The citizens of Augusta through citizen participation workshops, the Mayor and Commission determined the needs and priorities of community development in the City. B. Pursuant to HUD regulations at 24 CFR 570.200 (a), certain projects were included in City’s CDBG submission to HUD, referred to as the Annual Plan. The city determined that the projects included in the Annual Plan each addressed one or more of the following three national objectives: 1. Activities benefiting low and moderate income persons; 2. Activities which aid in the prevention or elimination of slum and/or blight; and/or, 3. Activities designed to meet community development needs having a particular urgency. The City has determined that the Project is a CDBG eligible activity as it addresses one or more of these objectives. C. Under the Rules and Regulations of HUD, the City is administrator for the Program, and is mandated to comply with various states, rules and regulations of the United States, as they pertain to the allocation and expenditure of funds as well as protecting the interest of certain classes of individuals who reside in the City of Augusta. D. The Grantee is desirous of disbursing the funds to the Sub-recipient for use in the Project. However, as administrator for the Program, the Grantee desires to obtain the assurance from the Sub-recipient that it will comply with all applicable statutes, rules and regulations of the United States, the State of Georgia, and/or the City relating to the Project and the Program, as a condition precedent to the release of such funds to the Sub-recipient. ARTICLE III: PROJECT The Grantee agrees to make available, through one lump sum draw down, to the Sub-recipient an amount not to exceed Thirty-seven Thousand five hundred dollars $37,500 (hereinafter the “Grant”) to implement the following activities(s) through the following scope of services: Leibra Inc. dba Whipped Creamery This loan funding will directly assist Leibra Inc. dba Whipped Creamery with the purchase of operating equipment, refrigerators, and renovations of the Augusta Mall unit to serve as a whipped and frozen ice cream/yogurt stand and will supply the company with monthly operational cost for the first several months. Whipped Creamery will be the new tenant of the unoccupied unit in which once housed the Dairy Queen on the second floor of the Augusta Mall. Whipped Creamery will be serving a wide variety of whipped ice cream specialties, hard handed dipped ice cream, sundaes, soft served, yogurts, smoothies, ices and gelatos. This business will operate seven days a week from 10a-10pm. Small Business Development Loan Fund Program Agreement Page 3 In addition to the scope of services, Leibra Inc. will create one (1) FTE permanent job or two (2) PT jobs in order to comply with the necessary national objective of job creation (24 CFR §570.208(a)(4)). [Leibra Inc.] agrees to be monitored on site annually and provide quarterly financial and employment reports that will assist the grantee in ensuring that the created jobs are held by low to moderate income employees. In addition, the sub-recipient will provide the attached report monthly to ensure compliance A. Budget Line Item Amount Provision of Assistance [$37,500]@ 4%, 7 Years This funding shall carry a one (1) month deferment period, beginning upon the execution of this contract by all parties. Based on the 1 month deferment period, this loan shall stay in deferment until April 1, 2019, with the first payment beginning on May 1, 2019. Beginning May 1, 2019, Leibra Inc. dba Whipped Creamery, shall begin making monthly scheduled loan payments $512.58 to Augusta Housing and Community Development Department by no later than the 5th of each month. Late fee payments will be assessed to the Leibra Inc. dba Whupped Creamery loan as follows:  Payments received on the 6th – 15th of each month 5% Penalty  Payments received on the 16th – 23rd of each month 10% Penalty  Payments received on the 24th – 31st of each month 15% Penalty Note: Payee may change, but the loan amount will remain the same for the life of the loan! Any amendments to the budget must be in writing and approved by the Grantee’s Director of Housing and Community Development Department. ARTICLE IV: NOTICES Sub-recipient and the Grantee agree that all notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this Agreement shall be directed to the following Agreement representatives: Grantee: Augusta, Georgia Attention: [Hardie Davis, Jr. Mayor] [535 Telfair Street, Augusta, GA] Augusta, GA 30901 With copy to: Housing and Community Development Department Attention: Hawthorne Welcher, Jr, Director 925 Laney Walker Blvd., 3rd Floor Augusta, GA 30901 If to Sub-recipient: [Leibra Inc. ] Attention: [Ronnie & O. Alea Garvin] [133 Coach Road, Martinez, GA] Augusta, Georgia [30907] ARTICLE V: GENERAL CONDITIONS A. General Compliance The Sub-recipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 [the U. S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)] including subpart K of these regulations, except that (1) the Sub-recipient does not assume the Grantee’s environmental responsibilities and (2) the Sub-recipient does not assume the Grantee’s responsibility for initiating the review process. The Sub-recipient also agrees to comply with all other applicable Federal state and local laws, regulations, and policies governing the funds provided under this Agreement. The Sub-recipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. Small Business Development Loan Fund Program Agreement Page 4 B. Independent Contractor Nothing in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Sub-recipient shall at all times remain an “Independent Contractor” with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance, as the Sub-recipient is an Independent Contractor. C. Hold Harmless The Sub-recipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Sub-recipient’s performance or nonperformance of the services or subject matter called for in this Agreement. D. Workers’ Compensation The Sub-recipient shall provide Workers’ Compensation Insurance coverage for all of its employees involved in the performance of this Agreement, if applicable. E. Insurance and Bonding The Sub-recipient shall carry sufficient insurance coverage to protect Contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash reimbursements/advances from the Grantee. F. Grantee’s Recognition The Sub-recipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Sub-recipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. G. Amendments 1. The Grantee or Sub-recipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee’s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Sub-recipient from its obligations under this Agreement. 2. It is further understood that the Grantee is responsible to HUD for the administration of funds and may consider and act upon reprogramming recommendations as proposed by its Sub-recipient. In the event that the Grantee approves any modification, amendment, or alteration to the funding allocation, the Sub-recipient shall be notified pursuant to Article V and such notification shall constitute an official amendment to this Agreement. 3. It is further agreed that the Sub-recipient will submit to the Grantee within thirty (30) days of the completion of each Project a complete financial accounting of all its project activities. 4. The Department’s Director shall be authorized to approve line item changes to the Sub-recipient’s budget as long as such changes do not increase in the grant amount set forth in the “Budget”. 5. The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both the Grantee and Sub- recipient. 6. It is further understood that the Sub-recipient shall be allowed only one amendment to this agreement. No amendment will be granted to extend the agreement beyond the established end of grant period. Small Business Development Loan Fund Program Agreement Page 5 H. Suspension or Termination 1. In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Sub-recipient materially fails to comply with any terms of this Agreement, which include, but are not limited to the following: a) Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b) Failure, for any reason, of the Sub-recipient to fulfill in a timely and proper manner its obligations under this Agreement; c) Ineffective or improper use of funds provided under this Agreement; or d) Submission by the Sub-recipient to the Grantee reports that are incorrect or incomplete in any material respect. e) In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Sub-recipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. ARTICLE VI: ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Sub-recipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Sub-recipient shall administer its program in conformance with OMB Circulars A-122, “Cost Principles for Non-Profit Organizations,” or A-21, “Cost Principles for Educational Institutions,” as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. a) Sub-recipient gives the Grantee, HUD, and the Comptroller General, through any authorized representatives, access to and the right to examine all records, books, papers, or documents relating to the Project. b) Sub-recipient agrees to maintain books, records, and documents in accordance with general accepted accounting procedures and practices that sufficiently and properly reflects all expenditures of Grant funds provided by the Grantee under this Agreement c) All Grant funds disbursed through a Community Development Block Grant shall be used only for eligible activities specifically outlined in this Agreement. The Sub-recipient shall comply with any conditions and timetables set forth in this Agreement. In the event the Sub-recipient does not comply with the conditions and timetables, or if the Sub-recipient ceases to exist or provide the services for which the Grant was made, the Sub-recipient will not carry out another CDBG eligible project, the Sub-recipient shall be in default. In the event of default, the Grantee may exercise any rights or remedies provided in this Agreement. B. Documentation and Recordkeeping Small Business Development Loan Fund Program Agreement Page 6 1. Records to be Maintained The Sub-recipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, which are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a) Records providing a full description of each activity undertaken; b) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program: c) Records required to determine the eligibility of activities; d) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e) Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f) Financial records as required by 24 CFR 570.502 and 24 CFR 84.21-28; and other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Retention The Sub-recipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of the submission of the Grantee’s annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later. 3. Client Data The Sub-recipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request. 4. Disclosure The Sub-recipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee’s or Sub-recipient’s responsibilities with respect to services provided under this Agreement, is prohibited by unless written consent is obtained from such persons receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs The Sub-recipient’s obligation to the Grantee shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to: making final payments and disposing of program assets. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Sub-recipient has control over CDBG funds, including program income. Any Grant funds remaining at the end of the Agreement period shall be returned to the Grantee, and the Grantee may in its discretion reprogram the funds to another CDBG eligible project. 6. Audits and Inspections All Sub-recipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, HUD, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, Small Business Development Loan Fund Program Agreement Page 7 examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Sub-recipient within 30 days after receipt by the Sub-recipient. Failure of the Sub- recipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Sub-recipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Sub-recipient audits and OMB Circular A-133, if applicable. If Sub-recipient does not expend $500,000 in Federal funds within the fiscal year, then a financial statement audit shall be submitted to Grantee. C. Reporting and Payment Procedures The Sub-recipient shall provide reports and financial statements on a quarterly basis as stipulated in Exhibit A of this document. The loan amount will be funded once all paperwork has been signed, fully executed, and recorded with the necessary entities. This includes but is not limited to: the CDBG agreement, the Small Business Development Loan Fund Program Agreement, and the UCC-1 with its Exhibit A. One lump sum draw down will be provided to the applicant to satisfy the loan. Loan payments should begin after one month deferment (i.e. loan amount disbursed on Jan. 1st- Repayment beings Mar. 1st). D. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Sub-recipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation or termination. 2. Real property under the Sub-recipient’s control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this Agreement or such longer period of time as the Grantee deems appropriate. 3. If the Sub-recipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Sub-recipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non- CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to the Grantee. The Sub-recipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period or such longer period of time as the Grantee deems appropriate. 4. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Sub-recipient for activities under this Agreement shall be: a) Transferred to the Grantee for the CDBG program, or b) Retained after compensating the Grantee for an amount equal to the current fair market. Small Business Development Loan Fund Program Agreement Page 8 ARTICLE VII: PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance a) The Sub-recipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 19968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. b) In compliance with Executive Order 11246 and Section 3 of the 1968 Housing and Urban Development Act regarding Equal Employment Opportunity, the Sub-recipient agrees and understands that no person shall be discriminated against on the grounds of race, color, national origin, age, familial status, handicap or sex. Further assurance is also given that the Sub-recipient will immediately take any measures necessary to effectuate this policy. Notice of the policy will be placed in plain sight at the Project location, for the benefit of interested parties, and all subcontractors will be notified of the policy provisions. 2. Nondiscrimination The Sub-recipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act are still applicable. 3. Land Covenants This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Sub-recipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Sub-recipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504 The Sub-recipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Sub-recipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. President’s Executive Order 11246 1. Approved Plan The Sub-recipient agrees that it shall be committed to carry out pursuant to the Grantee’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Sub-recipient to assist in Small Business Development Loan Fund Program Agreement Page 9 the formulation of such program. The Sub-recipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Access to Records The Sub-recipient shall furnish and cause each of its own Sub-recipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3. Notifications The Sub-recipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker’s representative of the Sub-recipient’s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. Subcontract Provisions The Sub-recipient will include the provisions of Paragraphs VIII.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own Sub-recipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity The Sub-recipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities, inherently religious activities, lobbying, political patronage and nepotism activities. 2. Labor Standards The Sub-recipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Sub-recipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 8864 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Sub-recipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. The Sub-recipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all Contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this Agreement, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers, provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Sub-recipient of its obligation, if any, to require payment of the higher wage. The Sub-recipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. Small Business Development Loan Fund Program Agreement Page 10 3. “Section 3” Clause a) Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the Grantee, the Sub-recipient and any of the Sub-recipient’s sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Sub-recipient and any of the Sub-recipient’s sub-recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Sub-recipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Sub-recipient further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this Agreement. “The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area in which the project is located.” The Sub-recipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low and very low income persons within the service area of the project or the neighborhood in which the project is located, and to low and very low income participants in other HUD programs and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low and very low income residents within the service area or the neighborhood in which the project is located and to low and very low income participants in other HUD programs. The Sub-recipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b) Notifications The Sub-recipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, if any, a notice advising said labor organization or worker’s representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c) Subcontracts The Sub-recipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by Small Business Development Loan Fund Program Agreement Page 11 the grantor agency. The Sub-recipient will not subcontract with any entity where it has notice of knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability The Sub-recipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Sub-recipient from the Grantee under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 2. Security Grantee shall secure the commitment to Leibra Inc., LLC through the creation of a Security Deed. This deed (and the lien as part to) shall serve as a subordinate to those certain Security Deeds from Regions Bank dba Regions Mortgage (Realty Reel 1409, page 371) and Regions Bank dba Regions Mortgage (Realty Reel 734, page 1841) as part thereof. 3. Subcontracts a) Approvals The Sub-recipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the written consent of the Grantee prior to the execution of such agreement. b) Monitoring The Sub-recipient will monitor all subcontracted services on a regular basis to assure Agreement compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. The Sub-recipient will monitor all subcontracted services on a regular basis to assure Agreement compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c) Content The Sub-recipient shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d) Selection Process The Sub-recipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process. E. Hatch Act The Sub-recipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. Small Business Development Loan Fund Program Agreement Page 12 F. Conflict of Interest The Sub-recipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: 1. The Sub-recipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal funds. 2. No employee, officer or agent of the Sub-recipient shall participate in the selection, or in the award, or administration of, an Agreement supported by Federal funds if a conflict of interest, real or apparent, would be involved. 3. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG- assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Sub-recipient, or any designated public agency. G. Lobbying The Sub-recipient hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and 3. It will require that the language of paragraph (d) of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants and Agreements under grants, loans and cooperative agreements) and that all Sub-recipients shall certify and disclose accordingly. 4. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.C. Any persons who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. H. Copyright Small Business Development Loan Fund Program Agreement Page 13 If this Agreement results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. I. Religious Activities The Sub-recipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200 (j), such as worship, religious instruction, or proselytization. ARTICLE VIII: ENVIRONMENTAL CONDITIONS A. Air and Water The Sub-recipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: - Clean Air Act, 42 U.X.C., 7401, et seq.; - Federal Water Pollution Act, as amended, 33 U.S.C., 1251 et seq., as amended, 1318 relating to inspection, monitoring, entry, reports and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; - Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Sub-recipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint The Sub-recipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation The Sub-recipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties insofar as they apply to the performance of this agreement. Small Business Development Loan Fund Program Agreement Page 14 In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state or local historic property list. ARTICLE IX: SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. ARTICLE X: SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. ARTICLE XI: WAIVER The Grantee’s failure to act with respect to a breach by the Sub-recipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. {Signatures begin on the next page} Small Business Development Loan Fund Program Agreement Page 15 ARTICLE XII: COUNTERPARTS This Agreement is executed in two (2) counterparts – each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. ATTEST: AUGUSTA, GEORGIA (Grantee) Approved as to Form By (please initial here): ______________ [GENERAL COUNSEL], as its General Counsel Date: ____________________ By:__________________________________ [Hardie Davis, Jr.], as its Mayor Date: ____________________ By: _______________________________ [Janice Allen Jackson], as its City Administrator Date:_____________________ By: _________________________ [Hawthorne Welcher, Jr], as its Director Date: _____________________ In witness thereof, the above signatures have been applied on this [DAY OF MONTH] day of [MONTH], 20[YR]. By: ________________________ Lena Bonner, as its Clerk of Commission Affix Seal Here: ATTEST: [Leibra Inc. dba Whipped Creamery] c/o [O. Alea Garvin] Sub-recipient By: _________________________ [O. Alea Garvin], as its owner/ representative Date:_______________________ By: _______________________ [WITNESS NAME], as its witness Date: ______________________ Small Business Development Loan Fund Program Agreement Page 16 EXHIBIT A REPORT SCHEDULE REPORT DUE PERIOD COVERED Quarterly Progress Report 15th of the month following the end of the Quarter Q1: April 15th Q2: July 15th Q3: October 15th Q4: January 15th Q1: January- March Q2: April- June Q3: July- September Q4: October- December Quarterly Financial Statement 15th of the month following the end of the Quarter Q1: April 15th Q2: July 15th Q3: October 15th Q4: January 15th Q1: January- March Q2: April- June Q3: July- September Q4: October- December Audit 30 days after receipt of Audit Report Sub-Grantee audit period- must follow all audit laws as found in 2 CFR § 200 and OMB Circular A-133. Forms 1. SBL Monthly Progress Report ATTACHMENTS: Regulations, Circulars & Local Procurement Policy Available upon request 1. Community Development Block Grant Entitlement Program 24 CFR 570 2. OMB Circular A-122 "Cost Principles for Non-Profit Organizations” 3. OMB Circular A-110 “Grants and Agreements with Institutions of Higher Education, Hospitals, & Other Non-Profit Organizations” 4. OMB Circular A-133, “Audits of Institutions of Higher Education and Other Non-Profit Institutions” 5. Augusta-Richmond County Procurement Policy 6. Executive Orders END OF AGREEMENT Commission Meeting Agenda 3/19/2019 2:00 PM HCD’s Small Business Development Loan Program: Whipped Creamery Department:Housing and Community Development Department Department:Housing and Community Development Department Caption:Motion to approve authorization of Housing and Community Development Department’s (HCD's) agreement for a Small Business Development Loan to Leibra Inc., dba Whipped Creamery in the amount of $37,500.00 (at 4% Interest and an 84-Month Term).(Approved by Administrative Services Committee March 12, 2019) Background:In the FY 2017 Annual Action Plan, funds were made available to HCD to assist in building, developing and/or growing local business capacity through the Small Business Development Loan Program. To that end, after Technical Assistance engagement and capacity building efforts from HCD’s Small Business Development Loan Program staff, Leibra Inc. dba Whipped Creamery’s loan application has met the conditions of the Small Business Development Loan Program Review Committee to be recommended for award of a Small Business Development Loan in the amount of $37,500.00 (at 4% Interest and an 84-Month Term). This loan funding will directly assist Leibra Inc. dba Whipped Creamery with the purchase of operating equipment, refrigerators, and renovations of the Augusta Mall unit to serve as a whipped and frozen ice cream/yogurt stand and will supply the company with monthly operational cost for several months. Whipped Creamery is currently a mall food court tenant housed (old Dairy Queen bay) on the second floor of the Augusta Mall. Whipped Creamery serves a wide variety of whipped ice cream specialties, hard handed dipped ice cream, sundaes, soft served, yogurts, smoothies, ices and gelatos. This business operates seven days a week from 10a-10pm. In addition to the timely repayment of this loan, Leibra Inc. will create one (1) FTE permanent job or two (2) PT jobs in order to comply with the necessary national objective of job creation (24 CFR §570.208(a)(4)). Leibra Inc. agrees to be monitored on site annually and provide quarterly financial and employment reports that will assist HCD in ensuring that the created jobs are held by low to moderate income employees. Analysis:The approval of this agreement will allow HCD to proceed with the financial lending transaction to Leibra, Inc. dba Whipped Creamery, in accordance with the provisions of the Small Business Development Loan Program process. This capital infusion in a locally-owned small business will allow for the creation of at least 1 FTE or 2 PTE employment positions for low-moderate income persons in Augusta, GA. Financial Impact:This action will expend funds under the Community Development Block Grant (CDBG) from the FY 2017 Annual Action Plan that were allocated for such purpose by Commission approval in 2017. Alternatives:Do not approve Small Business Development Loan Program Agreement with Leibra, Inc. dba Whipped Creamery and prevent Small Business Development Loan in the amount of $37,500.00. Recommendation:Motion to approve authorization of Housing and Community Development Department’s (HCD's) agreement for a Small Business Development Loan to Leibra Inc., dba Whipped Creamery in the amount of $37,500.00 (at 4% Interest and an 84-Month Term). Funds are Available in the Following Accounts: FY 2017 Community Development Block Grant funds REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Lena Bonner From: Sent: To: Cc: Subject: Hello Ms. Lena: Bill Lockett Friday, February 22,2019 2:25 pM Lena Bonner Carole Burrowbridge; Vickia Cullars Administrative Services Committee Agenda ltem (3/L2/20L9) Will you please add this agenda item to the Administrative Services Committee for 3/1212019. Motion to accept the resignation of Bill Lockett, Commission Liaison, Age-Friendly Augusta, upon Mayoral appointment of Age-Friendly Augusta Advisory Council Members. The duties and responsibilities of the advisory council will be addressed at the Age-Friendly Augusta Vision 2020 Plansummit, Augusta Boathouse, March 14,2019. Will you please provide each commissioner a copy of the 2015 Age-Friendly Community Action plan or provide the link to the plan. Many thanks. Bill Lockett Get Outlook for iOS a r-'sult of th€ e-mail transrni$sion. lf verifkration is required, please request a hard copy verston. AElf : 104. 1 Commission Meeting Agenda 3/19/2019 2:00 PM Resignation of Bill Lockett Age-Friendly Department: Department: Caption:Motion to accept the resignation of Mr. Bill Lockett, Commission Liaison, Age-Friendly Augusta with correction that- the Advisory Council members be appointed by the Commission rather than the Mayor. (Approved by Administrative Services Committee March 12, 2019) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 3/19/2019 2:00 PM RFQ #18-169__Real Estate Brokerage Services for Laney Walker/Bethlehem Revitalization Project Department:Housing and Community Development Department:Housing and Community Development Caption:Request Approval of RFQ Item 18-169 – Real Estate Brokerage Services for the Laney Walker/Bethlehem Revitalization Project to Sherman and Hemstreet on behalf of Housing and Community Development Department (HCD). (No recommendation from the Administrative Services Committee March 12, 2019 with an amendment for a one- year term and two one-year renewal terms.) Background:Augusta, GA and the Augusta Housing and Community Development Department (HCD) is continuing to leading an urban transformation initiative called the Laney Walker/Bethlehem Revitalization Project. As a part of this project, many new homes are continuing to be developed in the downtown area providing a new and innovative living experience for people of all incomes. These homes will provide housing for low to moderate/mixed income families/individuals, and will include both single, multi-family and mixed used developmental concepts. The purpose of this RFQ was to select an established Georgia Licensed Broker Real Estate firm who has an active Homes Division to market and sell the homes that are built or renovated through this project. The selected firm will become a partner on this project, work with the LW/B procured developers, HCD staff, and various other partners. It is also possible (through addendum) that this developer will be asked to assist in commercial/retail efforts where (if) permissible. The focus area is the Historic Laney Walker/Bethlehem, which includes nine (9) nodes of development. The RFQ states that the selected firm (Sherman and Hemstreet) will sign a one year commitment, with four (4) one year optional renewal periods at the option of Augusta, GA. Analysis:This approval would allow HCD to engage a licensed Georgia Real Estate Brokerage Firm to successfully price, market and sell property/assets in the Laney Walker/Bethlehem Revitalization area. Financial Impact:Laney Walker/Bethlehem Project Bond Funding is the source to complete this partnership • A fee of 6% (of the gross sales) shall be paid as a brokerage commission, Alternatives:Do not approve HCD's Request Recommendation:Request Approval of RFQ Item 18-169 – Real Estate Brokerage Services for the Laney Walker/Bethlehem Revitalization Project to Sherman and Hemstreet on behalf of Housing and Community Development Department (HCD). Funds are Available in the Following Accounts: Laney Walker/Bethlehem Revitalization Project Bond Funds. REVIEWED AND APPROVED BY: Commission Meeting Agenda 3/19/2019 2:00 PM Vehicle Mayor's Office Department: Department: Caption:Discuss the purchase of a vehicle for the Mayor's Office. (No recommendation - clarification of whether the vehicle approved for the Mayor's Office will be used by the Mayor or the Mayor's staff.) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 3/19/2019 2:00 PM State Court Accountability Court Department:Richmond County State Court Department:Richmond County State Court Caption:Motion to approve SAMHSA (3) grant contractors for the Accountability Court DUI and Veterans Court programs. Contractors are Treatment Centers of Augusta, A Bells Counseling Services, Hope House of Augusta, Inc. (Approved by Public Safety Committee March 12, 2019) Background:The State Court of Richmond County received a 2.2 million dollar grant to be disbursed over 5 years for enhancement services in its DUI and Veterans Court programs. Treatment Centers of Augusta (TAC) will provide medically assisted treatment, A Bells Counseling Services will provide alcohol and drug substance abuse counseling and Hope House of Augusta will provide inpatient treatment for women. Analysis:None Financial Impact:All services provided are reimbursed 100% by the SAMHSA grant. Alternatives:None Recommendation:Approve Funds are Available in the Following Accounts: No county funds or match required for these contracts. Org key: 220022641 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Lena Bonner From: Sent: lo: Cc: Subject: Andrew G. Mackenzie Wednesday, March L3,2019 2:59 PM Lena Bonner Janice Allen Jackson; Mayor Hardie Davis, Jr.; Marcus Campbell; Geoffrey Alls Motion to Amend the Augusta Code to strike the pet registration requirement Per the Commission's vote on Tuesday, could you please add the following item to the Commission Meeting agenda for next week: Motion to amend the Augusta, GA Code to strike the pet registration requirement and remove all fees associate with the pet registration requirement. Thanks, Andrew arrive late oilncomplete, or contain virses. The sender therefore does not accept liability for any errors or omissiorrs in the content of this message which arise as a result of the e-mail transnrission. lf verification rs required, please request a hard copy version. AED:104.1 Commission Meeting Agenda 3/19/2019 2:00 PM Pet registration requirement removed from Code Department: Department: Caption:Motion to amend the Augusta, GA Code to strike the pet registration requirement and remove all fees associated with the pet registration requirement. (Requested by General Counsel A. Mackenzie) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Augusta Georgia SPLOST 8 Calendar November 3, 2020 Election November 3, 2020 - election Item March 12, 2019 Committee Meeting March 19, 2019 Commission Meeting The Commission will be presented with the recommended SPLOST 8 Timeline. Review and discuss the timeline, the period of years for the SPLOST, etc. Authorize Mayor to meet with Mayors of Hephzibah and Blythe Notices Mailed to Inter-Governmental Agencies Mayor's Office mails notices of meeting of governing authorities to the Mayors of Hephzibah and Blythe to discuss inter-governmental agreement for distribution of SPLOST 8 proceeds. Notices must be mailed or delivered 10 days prior to the meeting. Inter-Governmental Informational MeetingLocal governments will hold meeting to discuss inter-governmental agreement for distribution of SPLOST proceeds. January 6, 2020 SPLOST Project Request Forms DueThis is the deadline for all SPLOST requests to be submitted to Administration for review and compilation. Compilation & Review of RequestsAll requests will be reviewed to verify all necessary information is presented. All information will be compiled to establish a final complete requested list to provide to Commission. January 14, 2020 Tentative SPLOST 8 List Provided The requested SPLOST 8 List is provided to Commissioners for review. April 21, 2020 Notices Mailed to Inter-Governmental AgenciesMayor's Office mail notices of meeting of governing authorities to the Mayors of Hephzibah and Blythe to discuss inter-governmental agreement for distribution of SPLOST 8 proceeds. Notices must be mailed or delivered 10 days prior to the meeting. Inter-Governmental Meeting Local governments will hold meeting to discuss inter-governmental agreement for distribution of SPLOST proceeds. They must meet no less than thirty (30) days prior to the Call of Election by the Board of Elections. May 7, 2020 April 15, 2019 April 26, 2019 January 6, 2020 to January 13, 2020 Commission vote to authorize mayor to issue notice of Intergovernmental Meeting to City of Hephzibah and City of Blythe April 23, 2020 Page 1 of 2 Augusta Georgia SPLOST 8 Calendar November 3, 2020 Election November 3, 2020 - election Item May 19, 2020 Final SPLOST 8 project list approved by Commission May 20, 2020 to June 5, 2020 Staff Preparation The Staff and City Attorney will prepare all necessary documentation. Approval of Intergovernmental Agreements June 16, 2020 Augusta approve Intergovernmental Agreement with Hephzibah and Blythe June 17, 2020 to Hephzibah and Blythe approve Intergovernmental Agreement with July 3, 2020 Augusta. Commission Passes SPLOST Resolution Commission passes SPLOST Resolution for November ballot. Special called meeting before committee meetings (Must be at least 90 days prior to election) July 13, 2020 Board of Elections Convenes The Board of Elections convenes in regular session to issue Call of Election. Notice to Newspaper Send Notice of Election/Resolution to newspaper for publication. Notice must be published once per week for four consecutive weeks prior to the election. September 29, 2020 Legal Notices Published - required for bonds October 6, 2020 Legal Notices Published October 13, 2020 Legal Notices Published October 20, 2020 Legal Notices Published October 27, 2020 Legal Notices Published November 3, 2020 Date of Election July 7, 2020 September 15, 2020 Page 2 of 2 Commission Meeting Agenda 3/19/2019 2:00 PM Calendar for SPLOST 8 Department:Administration Department:Administration Caption:Motion to approve proposed calendar for SPLOST 8 with Administrator making a presentation. (Approved by Finance Committee March 12, 2019) Background:Current projections have collections for SPLOST phase 7 ending in the fourth quarter of 2021. The proposed calendar sets key dates to place the referendum to on the November 3, 2020 ballot. The calendar allows time for; staff to develop project scope and budgets, public meetings to provide information about proposed projects and the status of current projects: information public meetings regarding the list of projects approved by the commission. Analysis:After reviewing available elections dates for a SPLOST referendum, it was determined that November 3, 2020 would be the most advantageous. Selecting this date will provide staff time to develop project scopes and budgets, and allow sufficient time to inform the public of proposed SPLOST projects with updates on current SPLOST projects. Other election dates: November 5, 2019 March 3, 2020 May 28, 2020 March 17, 2021 November 3, 2021 Financial Impact:There will be no additional election costs to place the referendum on the November 3, 2020 ballot. Alternatives:There will be no additional election costs to place the referendum on the November 3, 2020 ballot. Recommendation:Approve proposed calendar Funds are Available in the n/a Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 3/19/2019 2:00 PM Request to Continue Purchase of Augusta POL/EPL, Public Official Liability/Employment Practice Liability Insurance for 2019 Department:Finance -Risk Management Department:Finance -Risk Management Caption:Motion approve the continue purchase of Augusta POL/EPL Insurance with Premium Quote for 2019 – 2020 POL/EPL coverage to J. Smith Lanier & Co. LLC., current broker, through insurance carrier RSUI for a premium of $58,700. (Approved by Finance Committee March 12, 2019) Background: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, emissions or employment practices violation by an insured solely in the performance of the public entity. Augusta Richmond County has maintained continuous POL/EPL coverage since 1997. Acceptance of coverage gives additional protection to the assets of the Public Officials. Public Officials 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 the coverage and also knowledge of grievances, separations from employment, etc. which may lead to claims against the Employment Practice Endorsement to this coverage) is the group responsible for notifying the broker of potential claims and filing claims against this coverage. Analysis:As part of the bid process, respondents were required to request quotes for annual quotes from the insurance market for POL/EPL coverage. RSUI provided the lowest quote to J. Smith Lanier & Co, the RFP approved broker, in the amount of $58,700. Financial Impact: J. Smith Lanier & Company secured quotes for this coverage and are able to offer the POL/EPL coverage of $2,000,000 with a $250,000 SIR (self-insured retention) for a premium of $58,700. Alternatives:Drop coverage and assume all risk. Recommendation:Approve coverage quoted by RSUI Insurance Company for a one year period for a premium of $58,700 for $2,000,000 in coverage and an SIR of $250,000. Funds are Available in the Following Accounts: Funds are Available in the Following Accounts: 611-01-5212 Risk Management General Insurance Fund Account REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Page 1 of 2 AMENDMENT TO LANDFILL GAS PURCHASE AND SALE AGREEMENT This AMENDMENT TO LANDFILL GAS PURCHASE AND SALE AGREEMENT (the “Amendment”) is made this ___ day of _______________, 2019 (the “Effective Date”), by and between COVIA HOLDINGS CORPORATION (the “Buyer”) and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (the “Seller”). Buyer and Seller are each individually also referred to as a “Party” and collectively, as the “Parties.” WITNESSETH: WHEREAS, Buyer and Seller entered into that certain Landfill Gas Purchase and Sale Agreement dated December 28, 2018 (the “Agreement”) for the sale and purchase of landfill gas produced at Seller’s Municipal Solid Waste Landfill in Blythe, Georgia (the “Disposal Facility”). WHEREAS, the Parties desire to amend the Agreement by modifying the established point of delivery clause, adding an indemnification clause, and adding an access to records clause. NOW, THEREFORE, in consideration of the mutual covenants of Buyer and Seller, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby covenant and agree as follows: 1. Section 1.19 shall be deleted in its entirety and replaced with the following: 1.19 Point of Delivery – means the point on the pipeline at which the meter that measures the volume of gas delivered to the Buyer is located. This location may be modified by mutual agreement of Buyer and Seller. 2. Section 5.6 is hereby added to the Agreement and shall read as follows: 5.6 Hold Harmless. Seller represents and warrants to Buyer that it has the full and unqualified title and/or authority to see all gas delivered hereunder; such gas is free from all adverse liens and adverse claims attached prior to its delivery to Buyer or Buyer’s account at the Point of Delivery; and Seller shall, if notified by Buyer, hold Buyer harmless from and against all claims, suits, actions, damages, losses, costs and expenses of every kind and character arising from each and every claim and an and all persons against such gas prior to its delivery to Buyer at the Point of Delivery. Seller further warrants that it is a self-insured governmental entity, and any such claims related to the performance of the Agreement shall be remedied in accordance with Seller’s self-insurance processes and procedures. 3. Section 5.7 is hereby added to the Agreement and shall read as follows: 5.7 Records Inspection. Buyer shall have the right at all reasonable times to examine the books and records of the Seller to extent necessary to verify the Page 2 of 2 accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. 4. All other terms and conditions of the Agreement that are not modified by this Amendment shall continue in full force and effect. IN WITNESS WHEREOF, Buyer and Seller have executed this Amendment as of the Effective Date. SELLER: BUYER: AUGUSTA, GEORGIA COVIA HOLDINGS CORPORATION By: By: Name: Hardie Davis, Jr. Name: _____________________ Title: Mayor Title: ________________________ Attest:________________________________ Lena J. Bonner, Clerk of Commission 1 Deans Bridge Road Municipal Solid Waste Landfill Facility Landfill Gas Purchase and Sale Agreement 1 DEANS BRIDGE ROAD MUNICIPAL SOLID WASTE LANDFILL LANDFILL GAS PURCHASE AND SALE AGREEMENT This Landfill Gas Sales Agreement ("Agreement") is made and entered into this__ day of _______________, 2018, by and between Augusta, Georgia, a political division of the State of Georgia, hereinafter "Seller" and Covia Holdings Corporation, hereinafter "Buyer''. WHEREAS, Seller owns and operates the Deans Bridge Road Municipal Solid Waste Landfill, hereinafter "Disposal Facility,'' located in Blythe, Georgia; and WHEREAS, Buyer owns and operates a mining and minerals processing facility in Hephzibah, Georgia, hereinafter the "Processing Facility" that has equipment that utilizes Landfill Gas; and WHEREAS, the Disposal Facility produces Landfill Gas, as hereinafter defined, from the decomposition of solid waste brought to the Disposal Facility for disposal; and WHEREAS, Seller desires to sell and deliver the Landfill Gas to Buyer's Processing Site and to maintain a pipeline to the Point of Delivery for that purpose; and WHEREAS, Buyer desires to purchase from Seller Landfill Gas produced at the Disposal Facility during the term of this Agreement; and NOW, THEREFORE, and based upon the mutual agreements and covenants herein after set forth, the parties do hereby agree as follows: 2 ARTICLE 1 – DEFINITIONS Unless otherwise required by the context in which any defined term appears, the following terms shall have the meaning assigned to them in this Article for all purposes including the recitals: 1.1 Average Methane Content – means the monthly numerical average of methane contained in Landfill Gas delivered to the Point of Delivery. 1.2 Avoided Gas Cost – means the avoided cost of natural gas purchased for the Buyer's Processing Facility. 1.3 BTU means British Thermal Units or the amount of heat required to raise the temperature of one pound of water one (1) degree Fahrenheit at sixty (60) degrees Fahrenheit and MMBTU means one million (1,000,000) BTU. 1.4 Buyer's Equipment has the meaning set forth in Section 2.2 of this Agreement. 1.5 Effective Date - means the date defined in Section 5.1 herein below 1.6 Environmental Attributes means any and all credits, benefits, emissions reductions, environmental air quality credits, emission reduction credits, renewable energy credits, renewable energy certificates, offsets, and allowances attributable to the generation, destruction, purchase, sale, or use of LFG from the Landfill, including, but not limited to, tags, certificates, credits, allowances, offsets, and similar products or rights attributable to the generation, destruction, purchase, sale, or use of LFG from the Landfill that can be used to claim responsibility for, ownership of, or any avoidance or reduction of emissions or pollutants, including, but not limited to, carbon dioxide, mercury, nitrogen oxide, sulfur oxide, carbon monoxide, particulate matter or similar pollutants or contaminants of air, water or soil, under any governmental, regulatory or voluntary program, including the United Nations Framework Convention on Climate Change and related Kyoto Protocol or other program. 1.7 Facility Flow Meter - means the Landfill Gas flow meter installed by Seller before, the Point of Delivery which will used to measure the quantity of LFG purchased by Buyer under this Agreement. The Facility Flow Meter will be used to measure only the gas delivered to the Buyer for processing. 1.8 Force Majeure means acts of God, fires, storms, lightning, floods, hurricanes, high water washouts, earthquakes, landslides, explosions, war, blockade, public disorder, acts of the public enemy, insurrections, riots, epidemics, accidents, casualty, labor disturbances, arrests and restraints of governments and people, catastrophic events such as explosions, breakage or accident to equipment caused by an event of Force Majeure, or any other event of similar cause not reasonably within the control of the affected Party and which, by the exercise of reasonable diligence, such Party is unable to prevent or overcome. Force Majeure shall not 3 include the unavailability of or delays in delivery of any product, labor, fuel, service or materials unless caused by an event that would otherwise be defined herein as an event of Force Majeure. Force Majeure shall in no event include (a) any change in the economy or in the markets, pricing or demand for products manufactured at the facility or for recycled materials, processed or unprocessed, that affects Buyer's ability to use municipal solid waste, processed or unprocessed, or any component or product thereof, or the price at which recovered materials can be sold, or (b) increases in the cost of constructing or operating Buyer's Equipment. 1.9 Gas Collection System - shall mean the network of Landfill Gas collection headers, interconnecting pipes, valves, monitoring and measuring equipment, filters, coolers, vacuum pumps, flares, blowers, and other equipment currently installed or to be installed at the Disposal Facility and used in the extraction, collection, production, or transporting of Landfill Gas up to the Point of Delivery. 1.10 Good Engineering Practice shall mean any practices, methods, or acts which, in the exercise of reasonable judgment in light of the facts known would have been expected to accomplish the desired result in a manner consistent with reliability, safety, project economics, and applicable laws and regulations for similar projects in the State of Georgia. This term is not intended to be limited to one practice or method to the exclusion of all others. 1.11 Governmental Authority means any federal, state, regional, city or local government, any political subdivision thereof, or any other governmental, quasi-governmental, judicial, public or statutory instrumentality, authority, body, agency, commission, administration, bureau, department, board, bureau, court or other entity. 1.12 Hazardous Materials means all materials which have been determined to be hazardous to health or the environment by virtue of being defined by the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, regulated by the Toxic Substances Control Act, the Federal Insecticide, Fungicide and Rodenticide Act, or regulated by any other applicable federal, state, or local law. Reference to specific statutes includes amendments as they are made from time to time, as well as the regulations promulgated there under. 1.13 Inflationary Index means the Consumer Price Index for All Urban Consumers ("CPl-U"), Atlanta, Georgia - Atlanta, Georgia, All Items published by the United States Department of Labor, Bureau of Labor Statistics ("BLS"), or its successor. 1.14 Landfill shall mean the Deans Bridge Road Municipal Solid Waste Landfill located in Blythe, Georgia. 1.15 Landfill Gas or LFG means any and all gases resulting from the anaerobic decomposition of refuse material within the Landfill disposal cells, consisting principally of methane, carbon 4 dioxide, and other constituent gases. 1.16 Legal Requirements means any applicable law, order, codes, writ, decree, judgment, requirement, guideline, action, permit, ordinance, rule and regulation of any Governmental Authority whether existing as of the Effective Date of this Agreement or subsequently amended, enacted or promulgated hereafter. 1.17 Maximum Consumption - means that quantity of LFG that is greatest volume useable by Buyers equipment located at the Processing Site in a month. Said term shall not be construed as a guarantee of consumption at any time during the term or renewal term of this Agreement. 1.18 Permit(s) means all actions, reviews, approvals, consents, waivers, exemptions, variances, franchises, orders, permits, authorizations, rights, licenses, filings, zoning changes or variances, and entitlements of whatever kind and however described which are required under applicable law to be obtained or maintained by any person with respect to the activities contemplated herein. 1.19 Point of Delivery – means the point at which the Sellers gas transmission pipeline enters the Buyers property, which also shall mark the change of pipeline and LFG ownership from Seller to Buyer. 1.20 Processing Site – means the Covia Corporation facility located at 1 Albion Road in Hephzibah, Georgia. 1.21 Processing System - means all piping, valves, pumps, monitoring devices, compressors, scrubbing units, engines, generators and related equipment installed on the Processing Site utilized by Buyer to process the Landfill Gas. 1.22 Scheduled Interruptions means an interruption resulting when all or a portion of the respective systems owned by either Buyer or Seller is deliberately taken out of service at a selected time for purposes of maintenance, repair or construction. 1.23 Unscheduled Interruptions means an interruption resulting when all or a portion of the respective systems owned by either Buyer or Seller is taken out of service at an unexpected time due to an outage caused by utility outages, equipment failure, human error or other unexpected condition. ARTICLE 2 - CONSTRUCTION OF NEW FACILITIES 2.1 Seller's Equipment. Seller shall be solely responsible and liable for designing, constructing, operating, maintaining, and repairing the Gas Collection System and for the pipeline necessary to deliver LFG to the Processing Site. Seller shall be responsible for obtaining all 5 permits relating to the construction and operation of the Gas Collection System. 2.2 Buyer's Equipment. Buyer shall be solely responsible and liable for designing, constructing, operating, maintaining, and repairing any and all equipment and facilities necessary to utilize the landfill gas at the Processing Facility. Buyer shall be responsible for obtaining all Permits relating to the construction and operation of Buyer's Equipment, including, without limitation, any easements and rights-of-way. Buyer shall indemnify and hold Seller harmless from and against any and all claims, actions, losses, damages, and expenses relating to or arising from Buyer's ownership, use, operation, repair, and/or maintenance of Buyer's Equipment. 2.3 Mutual Support. Each Party shall exercise reasonable efforts to support and assist the other Party in the acquisition of all permits and authorizations and in fulfilling the obligations described above. Such support shall include participating in regulatory proceedings and providing information concerning each Party’s operations. ARTICLE 3 – SALE AND PURCHASE OF LANDFILL GAS 3.1 Delivery and Purchase Obligation. Seller shall deliver and sell to Buyer and Buyer shall accept and purchase the LFG under the terms and conditions set forth in this Agreement. Buyer agrees to purchase gas delivered to the Point of Delivery as measured by the Seller’s Flow Meter. 3.2 Seller's Right to Additional LFG. When and if additional LFG becomes available at the Disposal Facility in sufficient quantities to fuel other projects, the parties agree that Seller shall have the right to the excess gas. 3.3 Quantity in Excess of the Buyer's Ability to Use. Any LFG produced by the Seller in excess of the Buyer's Ability to Use will be made available for purchase by Buyer, but Buyer shall not be required to purchase LFG. Buyer shall notify Seller by January 1st of each year (the "Notice Date") of this agreement of the Maximum Consumption of gas that it intends to buy for the coming year. Once notice is given as set forth above, the election shall be binding upon both Buyer and Seller. 3.4 Use of LFG Not Taken. Seller shall be free to utilize, dispose of, or sell to a third party all LFG tendered to Buyer under Section 3.2 but not purchased by Buyer for any reason beyond the Maximum Consumption by Buyer reserved pursuant to Section 3.3. Seller shall not commit to any contract to any third party such that Buyer would not be supplied with enough LFG to meet its Maximum Consumption. Should Seller enter in to a contract with a third party, the volume of gas under contract with a third party shall not be offered to Buyer until such time as the contract is up for renewal or expiration at which time Buyer shall have first right of refusal for the additional gas before any other third party has a right to purchase LFG. Under no circumstance shall a third party contract be allowed a quantity of gas such that the Maximum 6 Consumption provided in Section 3.3 to Buyer is compromised. Seller notes that the quantity of LFG output over time probably declines unless gas from additional phases of the Landfill is added to present LFG output. Seller will take such decline in output into consideration when entering into third party contracts to ensure Buyer's Maximum Consumption quantity is protected. 3.5 Quantity and Quality of Landfill Gas. Buyer understands and acknowledges that, due to the unpredictable nature of LFG production and collection operations, actual delivery rates, quality and pressure will vary and there may be rapid or instantaneous material charges in the rate of flow and pressure of delivery. Buyer further understands and acknowledges that Seller is not providing any guarantees, warranties, or representations as to the quality or quantity of LFG to be delivered to Buyer. Seller shall operate the Disposal Facility and Seller's Equipment in a prudent and efficient manner in order to use its best efforts to provide Buyer with the LFG available from the Disposal Facility while maintaining compliance with Disposal Facility environmental compliance requirements of law, permit or regulation. 3.6 Combustion of LFG Not Utilized by Buyer. Notwithstanding anything to the contrary set forth in this Agreement, in the event Buyer fails to take the LFG that Seller delivers to the Point of Delivery on any given day, Seller may divert, sell to a third party or flare all such LFG subject to the limitations in Section 3.4 above. 3.7 Operating Standard. Seller shall install, operate, and maintain Seller's Equipment in accordance with Good Engineering Practice. Seller shall have no obligation to compensate Buyer for a reduction in the amount of LFG resulting from the aging of the Disposal Facility, compliance with environmental regulations (except in the event of a Change In Law), or any other reason. Buyer shall install, operate, and maintain Buyer's Equipment in accordance with Good Engineering Practice. 3.8 Priority of Disposal Facility Operations. Buyer acknowledges and agrees that the primary use of the Disposal Facility is as a municipal solid waste landfill, and that the LFG shall be limited to production from the Disposal Facility. Notwithstanding anything to the contrary set forth in this Agreement, at all times during the Term hereof, Seller shall have the right to operate the Disposal Facility, and to take all actions at its own cost and expense that Seller deems in good faith necessary or appropriate in connection with the operation and maintenance of the Disposal Facility including actions to comply with any Legal Requirements. 3.9 Price. The price of LFG purchased by Buyer for the Term of this Agreement as specified in Section 5.1 shall be at a price equal to a percentage of the avoided cost of natural gas purchased for the Buyer’s Processing Site. The value used as the avoided cost of natural gas shall be based on the weighted-average cost at which the Buyer purchased natural gas for the Processing Site during the previous month as reported to Seller by the Buyer. Seller shall have the right to review and audit any records pertaining to the determination of the avoided cost of natural gas. The avoided cost of natural gas for the previous month shall be used for all 7 payments during the month as set forth in the following: an amount to eighty percent (80.00 %) of the Avoided Gas Cost for the first eight-thousand- five-hundred (8,500) MCF of Landfill Gas in the month; sixty five percent (65%) of the Avoided Gas Cost for the next six -thousand- five-hundred (6,500) MCF of Landfill Gas in the month; and fifty percent (50%) of the Avoided Gas Cost for the gas in excess of fifteen thousand (15,000) MCF of Landfill Gas in the month. Avoided Gas Costs for the year 2017 are shown in Exhibit A. 3.10 Invoices, Payment. Seller shall electronically record the total monthly LFG flow for each monthly period from the Facility Flow Meter. Seller shall prepare and send to Buyer by the tenth (10th) day of each month an invoice which shall be accompanied by a report showing amounts for monthly LFG volume, Average Methane Content, and calculated monthly costs. Buyer shall remit payment to Seller within thirty (30) days following receipt of Seller's invoices, which payment date shall be identified on Seller's invoices. A sample bill is shown in Exhibit B. 3.11 Average Methane Content Determination. Average Methane Content of Landfill Gas may be determined by a continuous monitoring instrument or handheld instrument. If determined by a handheld instrument, a minimum of four (4) discrete measurements per calendar month are required to calculate a valid average. If the minimum number of measurements is not available, the average of the three previous valid monthly Average Methane Content will be used. 3.12 Meter Tests. Seller shall maintain the Facility Flow Meter used to measure the LFG in good condition and repair, and shall have the Facility Flow Meter inspected periodically by a reputable third party, but at least once each year. Copies of the inspection reports shall be made available to Buyer upon request. Buyer may install and maintain a Buyer's Flow Meter at or after the Point of Delivery. The Buyer's Flow Meter shall be maintained for and by the Buyer and will be used to measure LFG flows to Buyer's Equipment for purposes of determining monthly payments as provided in Section 3.14. 3.13 Meter Out of Service. If for any reason, the Facility Flow Meter is out of service or out of repair so that the amount of LFG delivered and used by Buyer cannot be ascertained or determined from its readings, the volume content of LFG delivered to Buyer during such period when the Facility Flow Meter is out of service shall be determined by readings from Buyer's flow meter. Buyer's flow meter shall be inspected at least once per year by a reputable third party. Buyer shall supply copies of inspection reports to Seller upon request. If the Buyer's flow meter is out of service during the same period of time Seller's flow meter is out of service, the quantity of methane Buyer shall be billed for shall be determined by averaging the quantity of methane used by Buyer in each of the prior three months. 3.14 Errors in Billing. Should either party find at any time within one (1) year after the elate of any invoice rendered by Seller that there has been an undercharge or an overcharge in the amount billed in the invoice, the party finding the error shall promptly notify the other party in writing. In the case of an undercharge, Seller shall submit a statement for such undercharge with no 8 interest included, and Buyer, upon verifying the same, shall pay such an amount within thirty (30) days after receipt of the statement. In the case of an overcharge, Seller, upon verifying the same, shall refund the amount of the overcharge to Buyer within thirty (30) clays of notification by Buyer, but without interest. Neither Seller nor Buyer shall have any liability for any undercharge or overcharge relating to invoices over one year old. 3.15 Buyer Shall Not Sell the LFG. Notwithstanding anything to the contrary set forth in this Agreement, Buyer agrees and covenants that it shall not sell, redirect, redeliver, transport or market the LFG, or any portion thereof to any third party. Moreover, and without limiting the generality of the foregoing, Buyer represents and warrants that it shall use the LFG only at the Processing Site. ARTICLE 4 – RESERVED ARTICLE 5 -- TERM, TERMINATION, AND DEFAULTS 5.1 Term. Subject to the other provisions contained herein, this Agreement shall become effective on the date of execution and shall continue in effect for a period of five (5) years beginning on the date of execution. No later than twelve (12) months prior to expiration of this Agreement, Buyer can give written notice to Seller that it wishes to extend the term of this Agreement for additional five (5) year term beyond the initial five (5) year term. Any extension to the initial term or additional terms shall be by mutual agreement between both Seller and the Buyer. This Agreement shall (i) terminate absolutely and without further obligation on the part of Augusta each and every December 31st, as required by OCGA Sect. 36-60-13, as amended, unless terminated earlier in accordance with the termination provisions of ths Agreement; (ii) automatically renew on each January 1st, unless terminated in accordance with the termination provisions of this Agreement; and (iii) terminate absolutely, unless extended by written amendment. 5.2 Seller's Right to Terminate. Seller shall have the right to terminate this Agreement by written notice to Buyer submitted not later than thirty (30) days following the occurrence of any of the following : (a) Should Buyer fail to make any payment required under this Agreement within thirty (30) Days after receipt of a written notice from Seller to Buyer that such payment is at least ten (10) days overdue. (b) Should Buyer commit a material breach of this Agreement and such breach remains uncured for thirty (30) days following written notice of such breach from Seller. (c) Should Buyer fail to perform its obligations under this Agreement due to an event of Force Majeure that lasts longer than six (6) months. 9 (d) Should any involuntary proceeding be initiated against Buyer under the bankruptcy or insolvency laws, which involuntary proceeding remains undismissed for thirty (30) consecutive days, or in the event of the initiation by Buyer of a voluntary proceeding under the bankruptcy or insolvency laws. (e) Notwithstanding anything set forth in this Agreement to the contrary, Seller's right to terminate pursuant to the terms of this Section 5.2 shall be in addition to any other damages that Seller is entitled to under this Agreement and is not an express limitation of damages related to Buyer's default or failure to perform its obligations under this Agreement. (f) Termination for Conveneince. Seller may terminate this Agreement at its convenience without cause by providing Buyer with one hundred eighty (180) days written notice. 5.3 Buyer's Right to Terminate. Buyer shall have the right to terminate this Agreement by written notice to Seller, submitted no later than thirty (30) days following the occurrence of the following: (a) Should Seller commit a material breach of this Agreement and such breach remains uncured for thirty (30) days following written notice of such breach from Buyer. (b) Should Seller fail to perform its obligations under this Agreement due to an event of Force Majeure that lasts longer than six (6) months. (c) Should any involuntary proceeding be initiated against Seller under the bankruptcy or insolvency laws, which involuntary proceeding remains undismissed for thirty (30) consecutive days, or in the event of the initiation by Seller of a voluntary proceeding under the bankruptcy or insolvency laws. 5.4 Buyer's Sole Remedy for Seller's Failure to Satisfy Delivery Obligations. Notwithstanding anything to the contrary set forth in this Agreement, should Seller fail to satisfy its obligations to deliver Landfill Gas as set forth in this Agreement, Buyer may terminate this Agreement as set forth in Section 5.3(a), as Buyer's sole and exclusive remedy for any such failure, unless Seller's failure to satisfy its obligations to deliver Landfill Gas as set forth in this Agreement is caused by a Force Majeure event in which case Buyer shall be entitled to terminate this Agreement pursuant to Section 5.3(b) as Buyer's sole and exclusive remedy. 5.5 Effect of Termination. Any provision of this Agreement which specifically states it survives the termination of this Agreement, shall survive any termination of this Agreement; provided, that nothing herein shall relieve any Party from liability for the willful breach of any of its representations, warranties, covenants or agreements set forth in this Agreement. 10 ARTICLE 6--ENVIRONMENTAL ATTRIBUTES 6.1 Destruction of Landfill Methane. Seller retains one hundred percent (100%) of any and all Environmental Attributes associated with the LFG whether this LFG is sold to Buyer, flared at the Landfill, or otherwise destroyed, including, without limitation, any Environmental Attributes attributable to the generation, destruction, purchase, sale, or use of LFG from the Landfill. 6.2 Responsibility and Cooperation. The parties agree that the responsibility to apply for, qualify for and obtain any emission credits, tax credits, offsets, demonstrations of regulatory compliance and other rights is the responsibility of Seller and Seller shall be wholly responsible for the costs associated therewith. The parties agree to cooperate with each other in providing information and other reasonable cooperation as needed to secure these credits, offsets, and other rights with respect to Article 6 of this Agreement. 6.3 No Representation. The parties agree that the existence of these credits, offsets, and other rights is beyond their individual control and are matters defined in the market place and at law. No representation is made herein by either party that such credits, offsets, and other rights exist, will continue to exist, or have monetary value. ARTICLE 7 - COORDINATION OF INTERRUPTIONS 7.1 Scheduled Interruption. Buyer and Seller shall coordinate timing of any Scheduled Interruption of their respective systems in order to minimize overall project downtime. Notice of a Scheduled Interruption by either Buyer or Seller shall be given to the other party as soon as practicable and not less than 3 days prior to occurrence of the Scheduled Interruption. Notice shall include the reason for and expected duration of the Scheduled Interruption. 7.2 Unscheduled Interruption. In the event that an Unscheduled Interruption occurs on either Buyer's or Seller's system, notice of the Unscheduled Interruption including the cause and estimated duration of the Unscheduled Interruption shall be given to the other party as soon as practicable and not more than 4 hours following the occurrence of the Unscheduled Interruption. Notice shall also be given to the other party as soon as the Unscheduled Interruption has been remedied and regular delivery of Landfill Gas can resume. ARTICLE 8-TAXES 8.1 Taxes Buyer shall retain the rights to any tax credits related to the Processing Equipment and other construction costs. 11 8.2 The Buyer shall pay all sales, consumer, use and other similar taxes required by the law of the place where the Work is performed. The Seller will be responsible for any sales or use tax due on materials furnished by the Seller to the Buyer to be incorporated into the Work. ARTICLE 9 - REPRESENTATIONS AND WARRANTIES 9.2 Representations and Warranties of Seller. Seller represents and warrants that: (a) This Agreement has been duly authorized by all necessary persons and bodies and Seller has full power and authority to enter into this Agreement and perform its obligations hereunder. (b) Seller is not a party to any litigation, or subject to any judgment, order, or decree, or party to any other contract, which would materially affect its performance of its obligation under this Agreement. 9.3 Representations and Warranties of Buyer. Buyer represents and warrants that: (a) Buyer has done its due diligence and agrees that the Landfill Gas delivered to the Processing Facility will be acceptable for use. Buyer shall be solely responsible for all compliance with all Legal Requirements after the landfill gas is delivered to the Processing Facility, and shall hold Seller, its officers, employees, and agents harmless from and against all claims, suits, actions, damages, losses, costs, and expenses of every kind and character arising from each and every claim of any and all persons against the Landfill Gas after its delivery to the Processing Facility. (b) This Agreement has been duly authorized and Buyer has full power and authority to enter into this Agreement and perform its obligations hereunder. (c) Buyer is not a party to any litigation, or subject to any judgment, order, or decree, or party to any other contract, which would materially affect its performance of its obligations under this Agreement. 9.4 Disclaimer of Warranties. Notwithstanding anything to the contrary set forth in this Agreement. Buyer accepts the condition of the Disposal Facility and the Landfill Gas "AS IS, WHERE IS, WITH ALL FAULTS", and Buyer acknowledges that Seller has not made and does not hereby make, and specifically disclaims, any representations, guarantees, promises, covenants, agreements or warranties of any kind or nature whatsoever (except for those specifically set forth in Section 9.1 hereof). whether past, present or future, oral or written, expressed or implied, including any representation or warranty with respect to merchantability, fitness for a particular purpose, conformity to models or samples, concerning the condition, or quality of the Disposal Facility or the Landfill Gas and their fitness for any particular use, purpose, business or activity contemplated, intended or ongoing, including 12 Buyer's purposes under this Agreement or the quantity or quality of landfill gas at any time. Buyer waives any claim it may have against Seller based on the actual content or characteristics of the landfill gas sold and purchased hereunder. ARTICLE 10 - FORCE MAJEURE 10.1 Force Majeure. If Buyer or Seller is rendered unable, wholly or in part, by an event of Force Majeure to carry out its obligations under this Agreement, other than to make a payment for amounts accrued, such Party shall give to the other Party prompt written notice of the event of Force Majeure with a detailed description of the events or circumstances that constitute such Force Majeure, including the nature of the occurrence and its expected duration, and continue to furnish timely regular reports with respect thereto during the period of Force Majeure; thereupon, the obligations of the Party giving the notice so far as they are affected by the Force Majeure shall be suspended during the continuance of the event (other than accrued obligations to make payments); provided that the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure. A Party whose performance is affected by an event of Force Majeure shall use best efforts to remove the event of Force Majeure as quickly as practicable. No Force Majeure event shall extend this Agreement beyond its stated term. 10.2 Strikes and Lockouts. It is understood and agreed that the settlement of strikes or lockouts shall be entirely within the discretion of the party experiencing the strike or lockout or having the difficulty, and that the foregoing requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes or lockouts by acceding to the demands of the opposing party when such course is inadvisable in the discretion of the party having the difficulty. ARTICLE 11 - INDEMNITY 11.1 Buyer's Environmental Indemnity. Buyer agrees to indemnify and hold Seller, its agents, contractors, subcontractors, employees, or invitees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities, or losses arising from or due to the presence of Hazardous Materials on Buyer's Processing Site either existing at the time of or which may have been brought to its property after the execution of this Agreement, provided that Buyer shall have no obligation under this Article for Hazardous Materials which are introduced to or released on Buyer's Processing Site by Seller, its agents, contractors, subcontractors, employees, or invitees. Buyer's Indemnity. Buyer shall indemnify, defend, and hold harmless Seller from and against any claims, loss, damage, liabilities, fines, penalties, cost, and expense, including court costs and reasonable attorneys' fees, incurred or suffered by Seller: 13 (a) To the extent relating to the Landfill Gas while in Buyer's control or possession. (b) For personal injury, death, or property damage caused by Buyer or its agents' negligent acts or omissions arising from or relating to this Agreement. (c) Arising from claims or liens for labor performed or materials furnished for Buyer's Processing Facility or relating to Buyer’s Equipment. 11.2 Limitation of Liability. Notwithstanding any other term of this Agreement to the contrary, in no event shall either party be liable to the other for any indirect, special, incidental, or consequential loss or damage of any type, including, but not limited to lost profits and damage to goodwill or reputation with respect to any claim, whether based on contract, tort (including negligence), warranty, strict liability, implied warranty, or otherwise. ARTICLE 12 - INSURANCE 12.1 Buyer's Insurance. Buyer shall at all times carry and maintain, at its own expense, the minimum insurance coverage set forth in this Section12.1. The terms and conditions of such insurance policies (including the amount, scope of coverage, deductibles and self-insured retentions) shall be commercially reasonable shall carry and maintain the following insurance policies: (1) Commercial General Liability for the Processing System with primary coverage limits of no less than $10,000,000.00, (ii) Automobile Liability, including coverage for owned, non-owned and hired vehicles for both bodily injury and property damage, with combined single limits of no less than $1,000,000.00,(iii) Workers Compensation insurance to statutory limits and employer's liability with a limit of not less than $1,000,000.00; (iv). Property/Machinery Breakdown or 'all-risk" insurance, as such term as used in the common practice of the insurance industry as of the date of this Agreement, in an amount not less than full replacement cost of the Processing Plant and all equipment necessary to its proper functioning, (v) Business Interruption insurance on an "all-risk" basis in an amount not less than policy coinsurance requirements and twelve months operating expenses, and (vi) Umbrella liability insurance of not less than $5,000,000.00. Seller shall be named as an additional insured on the above policies. Buyer shall submit proof of such insurances to Seller within five (5) business days of the execution of this Agreement. ARTICLE 13 - MISCELLANEOUS PROVISIONS 13.1 Assignability. Except as otherwise provided, neither party may at any time transfer, assign, or delegate its rights or duties under this Agreement without the express prior written consent of the other party, which shall not be unreasonably withheld; and the terms of this Agreement shall be binding on and inure to the benefit of the successors and assigns of the parties. Any attempted assignment in violation of this Section 13.1 shall be null and void. 14 13.2 Severability and Non-Waiver. In the event any sentence or section of this Agreement is declared by a court of competent jurisdiction to be void, such sentence or section shall be deemed severed from the remainder of this Agreement, and the balance of this Agreement shall remain in effect. Either party's waiver of any breach, or failure to enforce any of the terms and conditions of this Agreement, shall not in any way affect, limit, or waive such party's right thereafter to enforce and compel compliance with every term and condition of this Agreement or to terminate this Agreement for breach. 13.3 Patents: The Buyer shall hold and save the Seller, the Engineer and their agents harmless from liability of any kind, including cost and expenses, reasonable attorney's fees, for, or on account of, any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the Work, including its use by the Buyer. If the Buyer uses any design, process, device or materials covered by letters, trademarks, patent or copyright, the Buyer shall provide for such use by suitable agreement between the Buyer and the holder of such patented or copyrighted design, device or material. The Contract prices shall include royalties or costs arising from the use of such design, device or materials, in any way involved in the Work. The Buyer and the Buyer's sureties shall indemnify and save harmless the Seller, the Engineer and their agents from claims for infringement by reason of the use of such patented or copyrighted design, process, device or materials or any trademark or copyright in connection with Work agreed to be performed under this Contract, and shall indemnify the Seller, the Engineer and their agents for any cost, expense, damage and reasonable attorney's fees which it may be obliged to pay by reason of such infringement, at any time during the prosecution of the Work or after completion of the Work 13.4 Rights and Remedies. In the event of a material breach of this Agreement by either Party, the non-- breaching Party shall have all rights and remedies available under the laws of the State of Georgia, including the right to require that this Agreement be performed in accordance with its written terms and conditions. All claims, disputes and other matters in question between the Seller and the Buyer arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Buyer, by executing this Agreement, specifically consents to venue in Augusta and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13.5 Notices. Any notice which is permitted or required under this Agreement shall be duly given if in writing and either delivered personally to the person whom it is required to be given or sent registered or certified mail, return receipt requested, postage prepaid as follows: If to Buyer: Covia Holdings Corporation 1 Albion Road Hephzibah, Georgia 30815-4929 If to Seller: Augusta, Georgia Environmental Services Department 15 4330 Deans Bridge Road Blythe, Georgia 30805 With copy: Augusta Georgia Office of the Mayor 535 Telfair Street, Suite 200 Augusta, Georgia, 30901 Each Party shall have the right, from time to time, to designate a different address by notice given in conformity with this Section. 13.6 Access. Upon reasonable advance notice not less than 24 hours, each party agrees to provide the other, and its agents, representatives, and contractors with access to its property and equipment during normal business hours (not including nights, weekends, and holidays) for the purpose of inspection and carrying out its rights and obligations under this Agreement. While on Buyer's property, Seller, its agents, and contractors shall at all times conduct themselves in a safe and prudent manner. While on Seller's property, Buyer, it agents, and contractors shall at all times conduct themselves in a safe and prudent manner. 13.7 Open Records Act. The Parties shall comply with the Georgia Open Records Act, OCGA 50- 18-70 et seq. 13.8 Counterparts. This Agreement may be executed in several counterparts, and as executed shall constitute one agreement binding on all of the parties hereto. 13.9 Captions. Captions in this Agreement are solely for the convenience of the Parties and are not part of the Agreement, and shall not be used for the interpretation or determination of the validity of the Agreement or any provision thereof. 13.10 Entire Agreement. This Agreement, inclusive of all Exhibits attached hereto, constitutes the entire understanding between the Parties with respect to the subject matter hereof and supersedes all previous written and oral negotiations, commitments, proposals and writings. 13.11 Governing Law. This Agreement shall be governed by the substantive laws of the State of Georgia without reference to its conflicts of law provisions. 13.12 Amendments. This Agreement and any part thereof may be amended at any time by mutual agreement of the Parties; however, no modifications, alteration, amendment, or revision of this Agreement shall be binding upon either Party unless executed in writing by the Party to be bound. 13.13 Independent Contractors. Seller and Buyer are independent contractors. Neither Party is or shall be deemed an agent, servant, or employee of or a joint venture with the other Party, and neither Party shall have the authority to incur debts or liabilities in the name of the other or 16 otherwise bind the other Party to any contract, debt, or other obligation. 17 IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. COVIA HOLDINGS CORPORATION By: Printed Name: Title: ATTEST: By: Printed Name: Title: AUGUSTA, GEORGIA By: Printed Name: Title: 18 LIST OF EXHIBITS Exhibit A Avoided Gas Costs for 2017 Exhibit B Sample Bill Calculation for 2017 19 Exhibit A Avoided Gas Costs for 2017 Month Index Fuel Transport Std. AGL Tax Total Jan-17 $3.930 $0.10 $0.150 $0.10 $0.17 $4.46 Feb-17 $3.391 $0.09 $0.150 $0.10 $0.15 $3.88 Mar-17 $2.627 $0.07 $0.150 $0.10 $0.12 $3.06 Apr-17 $3.175 $0.08 $0.150 $0.10 $0.14 $3.65 May-17 $3.142 $0.08 $0.150 $0.10 $0.14 $3.61 Jun-17 $3.236 $0.09 $0.150 $0.10 $0.14 $3.71 Jul-17 $3.067 $0.08 $0.150 $0.10 $0.14 $3.53 Aug-17 $2.969 $0.08 $0.150 $0.10 $0.13 $3.43 Sep-17 $2.961 $0.08 $0.150 $0.10 $0.13 $3.42 Oct-17 $2.974 $0.08 $0.150 $0.10 $0.13 $3.43 Nov-17 $2.752 $0.07 $0.150 $0.10 $0.12 $3.20 Dec-17 $3.074 $0.08 $0.150 $0.10 $0.14 $3.54 Notes 1) Index is the NYMEX:NG Index 20 Exhibit B Sample Bill Calculation for 2017 Commission Meeting Agenda 3/19/2019 2:00 PM Approve the Amendment to the Landfill Gas Sale Agreemeent with Covia Holdings Corp. Department:Environmental Services Department:Environmental Services Caption:Motion to approve the Amendment to the Landfill Gas Sales Agreement with Covia Holdings Corporation. (Approved by Engineering Services Committee March 12, 2019) Background:In December of 2018, the Environmental Services Department requested approval for the Gas Sales Agreement with Covia Holdings Corporation. Covia is "the mine" that is located in Hephzibah that purchases the landfill gas and uses it instead of, or along with, natural gas in their processes. In that original Agreement there was one Section (Section 1.19) which was mis- stated; and two terms (Section 5.6 and Section 5.7) that were requested by Covia to be included in the Agreement. The one error and the two additional sections were not noticed until the Agreement was routed for signature. As such, at this time ESD is requesting the approval of the Amendment to the Agreement so that those terms are included. Analysis:Section 1.19 in the original Agreement stated that at the point the pipeline that carries the gas to the mine crosses into the mine property; the ownership of the pipeline itself changes hands. This was an error that is being corrected with the Amendment. The Amendment removes this term and Augusta retains ownership of the pipeline up to the point that the pipeline meets Covia's infrastructure. Sections 5.6 and 5.7 include terms that allow for the clean sale of the gas and that Covia has the right to inspect Augusta's records in order to verify data and charges. These terms were included in the original 1996 gas sale agreement, so there is no change to ESD's operating practices where the delivery of landfill gas is concerned. As such, ESD is requesting approval of the Amendment. Financial Impact:No financial impact at this time. Alternatives:1. Do not approve the Amendment and ask ESD and Covia to re- negotiate the base agreement. 2. Approve the Amendment as written. Recommendation:Approve the Amendment. Funds are Available in the Following Accounts: None needed at this time. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Sec. 4-2-2. Unlawful dumping or storing of solid waste, or the accumulation of weeds and noxious vegetation on vacant lots, and unoccupied parcels of land. (a) Prohibition. No owner of any vacant lot, undeveloped lot or unoccupied parcel of land within Augusta shall permit or allow the existence of excessive accumulation or untended growth of weeds, undergrowth or other plant life grow to a height exceeding twelve (12) inches; or stagnant water, rubbish, garbage, refuse, debris, trash, including but not limited to household furnishings, and all other objectionable, unsightly or unsanitary matter upon any lot, tract or parcel of land, or on the area between the lot or parcel of land and the street curb, be it uncovered or under open shelter, to the extent and in the manner that such lot, tract or parcel of land is or may reasonably become infested or inhabited by rodents, vermin or wild animals, or may furnish a breeding place for mosquitoes, or threatens, or endangers the public health, safety, or welfare, or may reasonably cause disease, or adversely affects and impairs the economic welfare of adjacent property. (b) Definitions. · Construction/Demolition Waste means building materials and rubble resulting from construction, remodeling, repair, and demolition operations on pavements, houses, commercial buildings and other structures. Such waste include, but are not limited to asbestos containing waste, wood, bricks, metal, concrete, wall board, paper, cardboard, and other non-putrescible wastes which have a low potential for groundwater contamination. · Lot/Parcel means any lot of record identified with a map and parcel number assigned by the Tax Assessor's Office. · Scrap Tire means a tire or portion thereof. · Tire means a continuous solid or pneumatic rubber covering designed for encircling the wheel of a motor vehicle and which is neither attached to the motor vehicle nor a part of the motor vehicle as original equipment. · Undeveloped Lot means a lot in its natural state, i.e.: a lot in a residential neighborhood that has not been built upon. · Unoccupied Parcel means a lot which has a structure/dwelling which is not occupied. · Vacant Lot means a previously developed Lot, once occupied with a structure/dwelling. (c) Duty of Property Owners Generally. It shall be the duty of the owner of each Vacant Lot or Unoccupied Parcel of land to reasonably regulate and effectively control excessive growths and accumulations, as enumerated in Section 4-2-2 (a), on the property and the street. It shall also be the duty of the owner to drain, re- grade or fill any lot, tract, or parcel, including swimming pools thereon, which shall be unwholesome or unsanitary, have stagnant water thereon, or be in such other condition as to be susceptible to producing disease. (d) Notice Augusta shall notify in writing the owner of any Vacant Lot or Unoccupied Parcel of land within Augusta to comply with Section 4-2-2(a) to include but not be limited to cutting, destroying or removing any weeds, grass, trash, rubbish or noxious matter found growing, lying or located on such owner's property or upon the sidewalk or street right-of-way abutting the property within fourteen calendar (14) days from the date the notice is mailed. Notice will include a one direct mailing to the property owner's address on records. This notice requirement will not apply for property owned by Augusta, Georgia or the Augusta Georgia Land Bank. Upon the failure or the owner to do so, Augusta will cause such weeds, grass, rubbish, or noxious matter to be cut, destroyed and/or removed. Such notice shall be deemed to be sufficient if it is mailed to the last owner of record on file in the office of the property appraiser. (e) Removal of Weeds, etc. by Augusta If after fourteen calendar (14) days from the date of the notice the conditions, as enumerated in Section 4 - 2 - 2 (a) and described in the notice, have not been remedied, the Director of Environmental Services or his designee shall cause the condition to be remedied by Augusta at the expense of the property owner; to include the removal of trash, filth, garbage or other refuse, and the chemical treatment, cutting down and abating from any private premises all weeds, including those growing thereon to a height exceeding twelve 12) inches whenever the owner of such premises or other person who is required by this chapter to cut down and remove the same fails or refuses to do so. (f) Cutting and Cleaning of Lots; Assessment of Costs; Liens Upon the completion of any combination of the removal, chemical treatment, cutting down, cleaning or abating by Augusta of any lot or parcel of land within Augusta by removing or abating therefrom; the excessive accumulation or untended growth of weeds, undergrowth or other plant life growing to a height exceeding twelve (12) inches; or stagnant water, rubbish, garbage, refuse, debris, trash, including but not limited to, household, furnishings, scrap tires, construction/demolition waste, and all other objectionable, unsightly or unsanitary matter, the Director of Environmental Services or his designee shall certify the abatement of the offensive matter described above, specifying the lot or parcel so improved and the nature of the improvements. Thereafter, the improvements and the costs thereof, shall be assessed and appropriate action as necessary shall be taken to charge and collect monies for services provided by Augusta to abate the issue. (g) Enforcement The code enforcement division of the Environmental Services Department as well as the License and Inspection Department is hereby authorized and directed to carry out the provisions of sections 4-2-2 hereof, as may be deemed reasonably by the Director of the department. (h) Violation: Penalty In addition to causing the condition of the property to be remedied as authorized in subsection (f), the enforcement officer may make a case against the offending party and upon trial and conviction thereof, the offending party shall be subject to the penalties provided in section 1- 6-1. Sec. 4-2-3. Dumping of garbage and refuse collected outside county at county landfill. (a) Prohibited. It shall be unlawful for any person to dump garbage and refuse at the Augusta Richmond County landfill, owned and operated by Augusta-Richmond County, Georgia, when said garbage or refuse was not collected in Richmond County, Georgia, except pursuant to written contract or prior approval by the Augusta-Richmond County Administrator. (b) Penalty for violation of section. Any person who shall violate this section shall be charged with each and every violation, and upon trial and conviction, shall be subject to the penalties provided in Sec. 1-6-1. Sec. 4-2-4. Trespassing, scavenging on landfill prohibited. (a) No person shall knowingly and without authority enter upon the land or premises, now or in the future, designed as an Augusta-Richmond County landfill site without the express permission of the director of the landfill or his delegate; nor shall any person knowingly and without authority remain upon the land or premises, now or in the future, designed as a landfill site, after the permission of the director of the landfill or his delegate has been withdrawn. (b) No person shall knowingly and without authority remove any materials from the land or premises now or in the future designed as a landfill site, including but not limited to material constituting residential and commercial solid waste, trash, tin cans, glass bottles, garbage, rubbish, discarded materials, sand, gravel, slag, or other refuse. (c) Any person or persons failing to comply with the lawful provisions of this section or any act prohibited hereby or failing to do any act mandated hereby shall be guilty of an offense and upon trial as a misdemeanor and conviction, shall be subject to the penalties provided in Sec. 1-6-1. Sec. 4-2-5. Refuse acceptable for disposal at solid waste landfill. (a) The following refuse shall be considered to be acceptable for disposal by the county: (1) Garbage. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and/or consumption of foods. (2) Ashes. The residue from the burning of wood, coal, coke or other materials. (3) Rubbish. Non-putrescible solid wastes excluding ashes, consisting of paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, metals and any tree trunks, limbs or other wood products, provided that any such items larger than four (4) inches in diameter, shall be cut into four-foot lengths. (4) Dead animals. Small dead animals, not exceeding seventy-five (75) pounds in weight, which die in the normal course of community activity, excluding condemned animals, shall be accepted at the disposal site upon request. (b) The following refuse shall be considered to be unacceptable for disposal by the county: (1) Dangerous materials or substances, such as poisons, acids, caustics, infected materials and explosives. (2) Unusual quantities of materials resulting from the repair, excavation or construction of buildings or structures, such as earth, plaster, mortar and roofing materials. (3) The solid wastes resulting from industrial processes. (4) Solid waste that has been burned and has any evidence of smoke, spark or fire remaining. (5) Sealed drums. Each drum must have an open top for inspection. No drum for liquid storage will be accepted for disposal. (c) A separate area shall be provided at the landfill for the disposal of stumps, logs, other building materials, and tires that cannot be deposited in the regular landfill site. (d) All industrial, governmental and commercial waste haulers shall place a decal furnished by Augusta-Richmond County on their vehicle that denotes the cubic yard capacity being hauled into the landfill. (e) The fees for the disposal of refuse shall be fixed from time to time by the Augusta-Richmond County Commission and kept on file in the office of the county administrator and shall be published at the landfill site. Sec. 4-2-6. Fees for use of Augusta-Richmond County solid waste landfill. (a) Fees. The following fees shall be charged for the use of the Augusta-Richmond County solid waste landfill. Other fees for specific projects or for specific customers may be approved in writing by the Administrator. Asbestos . . . . . . . . . . . . . . $ 20.00 per cubic yard Inert waste disposal . . . . . 16.75 per ton Metal . . . . . . . . . . . . . . . . 0.00 per ton Mulch purchase (small pickup truck) . . . . . . . . . . . . . . . . 5.00 per load Mulch purchase (large pickup truck) . . . . . . . . . . . . . . . . . 10.00 per load Mulch purchase (commercial). 15.00 per ton Non-profit organizations waste disposal (with administrator's approval) . . 23.50 per ton Non-tarped loads/private ve- hicle . . . . . . . . . . . . . . . . . . . 25.00 each occurrence Non-tarped loads/commercial vehicle. . . . . . . . . . . . . . . . . 75.00 each occurrence Residential disposal (three bags or less) . . . . . . . . . . . . 0.00 Residential disposal (four bags to six bags) . . . . . . . . . . . . . 3.00 per load Minimum charge – non- Commercial (total weight of Vehicle and load under 6000lbs) 6.00 per load Solid waste (municipal solid waste, construction and demolition, special waste) disposal . . . . . . . . . . . . . . . 33.50 per ton Solid waste (2,000—4,999 tons per month) disposal . . 30.50 per ton Solid waste (5,000—9,999 tons per month) disposal . . 27.50 per ton Solid waste (10,000 or greater tons per month) disposal . . . . . . . . . . . . . . . 24.50 per ton Solid waste with beneficial use—Such materials as are usable at the landfill for daily cover and other uses and shall include, but not be limited to brick slag and other usable materials. . . . . . . . . . . . . . . 10.00 per ton Construction & demolition…….. 26.00 per ton Recyclables (commercial)……. 25.00 per ton The director of the landfill or his designee reserves the right to determine what is "usable", to limit the quantity of "usable" materials received by the landfill for any given period of time, and to receive only so much "usable" materials as are consumable by the landfill in the sole discretion of the director. Tires (17 inch or smaller). . . $ 3.00 each Tires (larger than 17 inch) . . 8.00 each Tires (truckload) . . . . . . . . . . 180.00 per ton Vehicle permit sticker . . . . . 100.00 per calendar year (b) Fee increases. Fees for each item listed above may from time to time be increased at the discretion of the administrator. The increase allocated for any calendar year shall not exceed one dollar ($1.00) for any item listed above. Should a full one dollar ($1.00) increase not be exercised the allocation of a portion equaling up to one dollar ($1.00) from that year within the unused allocation may carry forward and be used in the following year not to exceed two dollars ($2.00), and so on up to a maximum of three (3) years. At no time shall the increase at the administrator's discretion exceed three dollars ($3.00) for any item listed above. (c) Fee decrease. Fees for each item listed above may from time to time be decreased at the discretion of the administrator. The decrease allocated for any calendar year shall not exceed one dollars ($1.00) for any item listed above. Should a full one dollar ($1.00) decrease not be exercised the allocation of a portion equaling up to one dollar ($1.00) from the year within the unused allocation may carry forward and be used in the following year not to exceed two dollars ($2.00) and so on up to a maximum of three (3) years. At no time shall the decrease at the administrator's discretion exceed three dollars ($3.00) for any item listed above. (Ord. No. 6238, § 1, 1-4-00; Ord. No. 6778, § 2, 8-1-04; Ord. No. 6793, § 2, 5-17-05) Commission Meeting Agenda 3/19/2019 2:00 PM Approve the Changes to Section 4-2-6 - Fees, and Waive the Second Reading Department:Environmental Services Department:Environmental Services Caption:Motion to approve amending Section 4-2-6 of the Augusta Code - Fees for Environmental Services Department Landfill Fees and Waive the Second Reading. (Approved by Engineering Services Committee March 12, 2019) Background:In November 2018, ESD requested approval to draft a revision to Section 4-2-6 of the Augusta Code. This section covers fees for use of the Landfill. At this time, ESD is bringing the revised Section back to the Committee and Commission for approval; and requesting that the second reading be waived. The fees to use the Landfill are set and have not been updated in approximately 12 years. The current rates have been reviewed and are competitive, however in order to remain in good financial status, to work to attract additional customers, and to reflect current and future operations, minor updates are requested at this time. Analysis:The following changes are requested at this time: 1. offer a separate rate for clean construction and demolition waste at $26/ton. 2. add a rate for commercial quantities of recyclables at $25/ton. 3. add a minimum charge for non-commercial customers at $6. Change the 4-6 bag fee from $2 to $3. 4. Allow the Administrator the authority to approve a negotiated rate per customer or per specific job. Augusta's landfill has not operated with a separate rate for construction and demolition waste, however, with other C&D landfills in the area, it is recommended that Augusta offer a market-competitive rate for C&D materials. Other landfills in the area offer C&D disposal between $24.50 and $31.50, but they also offer a more detailed rate structure (per size of truckload, or per mattress, for example). Secondly, recyclables are currently accepted for no charge, however this was intended for residential customers only. With more neighboring communities wanting to recycle, Augusta is requesting to set a rate to accept larger quantities of recyclables. Finally, allowing the Administrator the authority to approve a negotiated rate for special projects, usually larger projects, to encourage the use of the Augusta landfill, is also being requested at this time. This is a common practice at private facilities, and again, will keep our landfill competitive in the area. Financial Impact:There is no financial impact at this time; however it is anticipated that the proposed rate adjustments will attract more customers to the facility. Alternatives:1. do not approve, and allow the rates to remain as-is. 2. propose additional changes in addition to those proposed herein. Recommendation:Approve the recommended changes. Funds are Available in the Following Accounts: No funds are needed at this time. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 3/19/2019 2:00 PM Approve the Environmental Services Department and Augusta Landfill to Offer Reduced Rate Landfill Disposal Department:Environmental Services Department:Environmental Services Caption:Motion to approve the Environmental Services Department - Augusta Landfill to Offer Reduced Rate Disposal Day. (Approved by Engineering Services Committee March 12, 2019) Background:The Augusta Landfill and Keep Augusta Beautiful as part of the Environmental Services Department, would like to "kick off" the Great American Cleanup in 2019 by providing reduced rate landfill disposal for residential customers. Each spring as the weather warms and residents prepare for Easter and Masters, the amount of yard waste and bulky waste that is placed for collection increases dramatically. ESD is requesting approval for a new option this year to provide for half-price disposal for residential customers at the landfill. Analysis:The proposal is to allow for residential customers to haul materials to the facility and for no more than one day per month (as designated by the facility) receive half-price disposal. To start, ESD would like to offer this for one Saturday in March and one Saturday in April; then depending on operations and economics, offer it one Saturday each month moving forward. Tires would be accepted at regular rates, no liquids, no hazardous waste, and each customer would need to provide proof of residency. Financial Impact:The financial impact to the Landfill is projected to be minimal. In reviewing 2018 and 2019 weekend residential customers, the Department expects this to cost the facility about $3500 per Saturday. However, the expectation is that with the reduced rate disposal opportunity, perhaps there may be less illegal dumping, less material placed for collection at the curb, and overall reduce the burden on the haulers. Alternatives:1. Approve the two days of reduced-rate disposal in March and April. 2. Approve one day per month. Recommendation:Approve one day per month, pending the outcome of the two initial days. Funds are Available in the Following Accounts: Additional funds are not needed at this time. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission 1 AUGUSTA LANDFILL SOLID WASTE DISPOSAL AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ___________, 2019 by and between INLAND WASTE DBA ORION WASTE (hereinafter called "Customer") and AUGUSTA, GEORGIA, a political division of the State of Georgia, (hereinafter called "Augusta"). WHEREAS, Customer desires to transport Customer's non-hazardous waste to the Augusta Landfill for disposal, and Augusta desires to provide such disposal services for the Customer in accordance with and subject to the terms and conditions for this Agreement. NOW, THEREFORE, in consideration of the premises and the following mutual agreements and covenants, the Customer and Augusta, each intending to be legally bound, agree as follows: 1.0 DEFINITIONS 1.01 Customer Waste - Any non-hazardous Solid Waste or approved non-hazardous Special Waste collected or controlled by Customer. Customer's Waste will be delivered to the Augusta Landfill by Customer in waste collection vehicles containing only Customer Waste. 1.02 Disposal Fee - The amount set forth in Section 7.01 hereof, as adjusted, charged by Augusta for the performance of disposal services hereunder. 1.03 Governmental Approvals - All permits, licenses, and approvals required for the expansion, construction, and/or operation of the Augusta Landfill. 1.04 Hazardous Waste - Any chemical, compound, mixture, substance, or article which is designated by the United States Environmental Protection Agency or by any State having jurisdiction to be "hazardous" as that term is defined by or pursuant to federal or state law. 1.05 Non-Conforming Waste - Any waste excluded from the definition of Solid Waste and any Special Waste which has not been approved by Augusta and, if required, by any governmental agency having jurisdiction. 1.06 Augusta Landfill - The Deans Bridge Road Municipal Solid Waste (MSW) Landfill, which is owned and operated by Augusta and located at 4330 Deans Bridge Road, Blythe, Georgia. 1.07 Solid Waste - Any garbage, trash, rubbish, brush and other waste material allowed under the Governmental Approvals issued for the operation of the Augusta Landfill but excluding (a) any Hazardous Waste, and (b) any other material not allowed pursuant to applicable laws and regulations. 2 1.08 Special Waste - Any Customer Waste which requires special processing, handling, or disposal techniques which are different from the techniques normally utilized for handling or disposal or contains and added element of expense to transport or dispose of as determined by Augusta or requires approval from any State agency and/or Augusta. Examples of such Special Waste types may include, but are not limited to: white goods, tires, mining wastes, fly ash, combustion ash, sludge, drilling fluids and drill cuttings, asbestos, industrial wastes, liquid wastes, infectious wastes and residue, pollution control residue, debris or contaminated soil and water from the cleanup of a spill. Special Waste requires a Waste Profile Sheet (“WPS”) be submitted for approval prior to disposal. 1.09 Construction and Demolition Waste – Any Customer Waste that meets the definition of such per current Georgia Environmental Protection Department (“EPD”) Rules. 1.10 Prohibited Wastes – Augusta shall not accept any such prohibited wastes as identified by the current Solid Waste Handling Permit issued to Augusta. In addition, Augusta will not accept any quantity Coal Ash or Coal Ash Residue. 2.0 SCOPE OF SERVICES 2.01 Landfill Disposal - Subject to the terms and conditions hereof, Customer agrees that it will deliver or cause to be delivered a significant portion of Customer Waste to the Augusta Landfill for disposal, and Augusta agrees that it will accept such Customer Waste for disposal services at the Augusta Landfill from and after the date hereof in accordance with and subject to the terms and conditions of this Agreement. 3.0 DISPOSAL SERVICES 3.01 Disposal Operations - From and after the date hereof, Augusta shall accept, upon delivery, all Customer Waste and such approved Special Waste delivered by the Customer in waste collection vehicles containing only Customer Waste or approved Special Waste to the Augusta Landfill for disposal. 3.02 Inspection of Augusta Landfill - The Customer may, on a reasonable basis, as the Customer deems necessary and after giving Augusta advance written notice, make inspections of the Augusta Landfill during normal business hours; however, such inspections shall be made only by authorized employees or agents of the Customer accompanied by the Augusta Director of Environmental Services Department or any other person designated by the Augusta Director of Environmental Services. Such inspections shall not unreasonably interfere with Augusta's performance of any of its operations at the Augusta Landfill. Customer is under no duty to inspect the operations of Augusta and the failure to inspect shall not, in any way, create liability on the part of the Customer to Augusta. 3 3.03 Compliance with Laws and Permits - Augusta shall conduct disposal operations with respect to services performed hereunder in accordance with all applicable federal and state laws, rules and regulations, and the terms and conditions of the Governmental Approvals issued for the operation of the Augusta Landfill. 3.04 Holidays - The following shall be holidays for purposes of this Agreement: New Year's Day, Thanksgiving Day, Christmas Day, July 4th, Memorial Day, Labor Day Augusta may decide to observe any or all of the above-mentioned holidays by suspension of landfill operations on the holiday. Augusta will give the Customer advance written notice of Augusta's observance of any holiday. 3.05 Title - Title to Customer Waste delivered by the Customer shall pass to Augusta when accepted by Augusta at the Landfill. Acceptance is completed upon delivery by Customer to the Augusta Landfill and non-rejection by Augusta within a reasonable amount of time. Notwithstanding any provision of this Agreement to the contrary, title to and liability for Non-Conforming Wastes shall remain with the Customer and shall never pass to or be assumed by Augusta. 3.06 Special Waste - Where requested by Augusta, the Customer shall assist Augusta in identifying each generator of Special Waste. Customer shall also require each generator of Special Waste, in addition to any label, marking, manifest, or other such documentation required by any applicable law, regulation, or permit, to provide to Augusta, in advance of any shipment of Special Waste, a representative sample of the Special Waste to be disposed of by Augusta, and a detailed written physical and chemical description or analysis of the Special Waste, including, without limitation, a listing of unique characteristics and safety procedures, if such exists, that would be of significance to the handling of such Special Waste ("Waste Profile Sheet" or "WPS"). The customer shall promptly furnish to Augusta any information regarding known, suspected or planned changes in composition of any such Special Waste and the Customer shall accordingly update the WPS. The Customer agrees that all Special Waste specified in a WPS and delivered to Augusta Landfill shall conform to the description set forth on the WPS. Such Special Waste shall not be delivered to Augusta for disposal until such WPS and representative sampling are analyzed and approved by Augusta. Augusta shall have the right to reject loads of bulky Special Wastes if in Augusta's judgment such loads would disrupt any normal operating procedures. 3.07 Non-Exclusive Use of Augusta Landfill - The use of the Augusta Landfill by the Customer shall be non-exclusive, and, in addition to the disposal of Customer Waste pursuant to this Agreement, Augusta shall have the absolute and unrestricted right to accept for disposal any waste materials not covered by this Agreement. Augusta 4 shall also have the absolute and unrestricted right to accept waste materials brought to the Augusta Landfill by any other municipality or other body, corporation, person or other entity, public or private, for disposal. Augusta shall also have the absolute and unrestricted right to establish from time to time all fees, deductions, discounts, credits and allowances, and charge and retain such fees, for disposal of any waste materials (other than Customer Waste). 3.08 Inspection of Customer Waste - Augusta shall have the right to inspect any incoming loads of Customer Waste delivered to the Augusta Landfill for disposal for compliance hereunder and reject any Non-Conforming Waste. Customer shall remove and properly dispose of all such Non-Conforming Waste at Customer's expense. 4.0 EFFECTIVE DATE This Agreement shall be effective upon the execution of this Agreement by the Customer and Augusta, and the delivery of Customer Waste to the Augusta Landfill and performance of disposal services by Augusta hereunder shall commence on the date hereof in accordance with the terms and conditions of this Agreement. 5.0 INDEMNITY 5.01 Indemnity of Augusta - Augusta will indemnify and hold harmless the Customer, its officers, employees, and agents from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and reasonable attorneys' fees incurred by the Customer to the extent resulting from (a) any breach by Augusta of any of its agreements hereunder, and (b) any negligent act or omission of Augusta, its employees or agents in the performance of services under this Agreement; provided, however, that Augusta shall not be obligated to indemnify the Customer from and against any suits, actions, legal proceedings, claims, demands, damages, costs, expenses or attorneys' fees to the extent resulting from negligent act or omission of the Customer or of any of its officers, agents, servants, employees or contractors or to the extent resulting from any breach by the Customer of any of its agreements hereunder . 5.02 Indemnity by Customer - The Customer will indemnify and hold harmless Augusta, its officers, employees, and agents from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and reasonable attorneys' fees incurred by Augusta to the extent resulting from (a) any breach by the Customer and any of its agreements hereunder, and (b) any negligent act or omission of the Customer or any of its officers, agents, servants, employees or contractors; provided, however, that the Customer shall not be obligated to indemnify Augusta from and against any suits, actions, legal proceedings, claims, demands, damages, costs, 5 expenses or attorneys' fees to the extent resulting from any negligent act or omission of Augusta or of any of its officers, agents, servants, employees or contractors or to the extent resulting from any breach by Augusta of any of its agreements hereunder. 5.03 Termination for Convenience – Augusta shall have the right to terminate this Agreement without cause by providing Customer one hundred eighty days (180) days written notice. 6.0 TERM This Agreement is for an initial term of ten (10) years from and after the date of execution of this Agreement to and including December 31, 2029. An additional ten (10) year term may be mutually agreed upon by both Parties. This Agreement shall (i) terminate absolutely and without further obligation on the part of Augusta each and every December 31st, as required by OCGA § 36-60-13, as amended, unless terminated earlier in accordance with the termination provisions of this Agreement; (ii) automatically renew on each January 1st, unless terminated in accordance with the termination provisions of this Agreement; and (iii) terminate absolutely, with no further renewals, on December 31, 2039, unless further extended by written amendment mutually agreed upon by both Parties. 7.0 RATES FOR WASTE DELIVERED TO THE LANDFILL 7.01 Base Rate -For Customer Waste (exclusive of any Special Waste) disposal services rendered hereunder, Augusta will charge and the Customer will pay to Augusta, the rate as listed in this Section, as adjusted in accordance with the terms and provisions of Sections 7.02, 7.03, and 7.04 hereof, for each Ton of Customer Waste accepted at the Augusta Landfill for disposal. This Base Rate includes the current $0.75 per ton EPD fee and includes any Environmental Fees Augusta may charge. MSW - $28/ton for 0-1999 tons per month MSW - $26.50/ton for 2000-4999 tons per month Augusta further agrees that the Base Rate applies to the disposal of Customer Waste in a landfill disposal cell that is lined in accordance with applicable laws and regulations. 7.02 CPI Adjustment – On January 1, 2020 and every January 1 thereafter during this agreement and any additional terms of this agreement, the Base Rate then in effect shall be increased by the increase, if any, of the percentage of increase in the Consumer Price Index for All Urban Consumers (All Items -U.S. City Average), Water, Sewer and Trash-Garbage and Trash-Sub-Index as published by the U.S. Department of Labor, Bureau of Labor Statistics (CPI). The measurement period will be the immediate preceding January through December with the July 1, 2020 increase based on December 2018 statistics. 6 7.03 Change in Law Fees, Etc. - Augusta shall have the right to increase the Base Rate at any time to due to changes in Local, State and Federal regulations. These additional costs will be billed as a straight pass through to the Customer. The Customer will be notified thirty (30) days in advance of any such increase and will be provided documentation to substantiate any additional charge. 7.04 Special Wastes -The Disposal Fee shall apply with respect to Special Waste, however asbestos-containing materials waste will be charged at the current posted landfill gate rate. The charge for the disposal of large quantities of Special Waste shall be set by mutual agreement of the Parties on a periodic, case-by-case basis; with the approval of the Augusta Administrator and Director of Environmental Services. Request of a project- rate shall be made 30-days in advance of any such disposal. 7.05 Billings to Customer- Augusta will invoice the Customer on a monthly basis for disposal services rendered during the preceding calendar month and the Customer will remit payment for each invoice without set-off or deduction to Augusta within thirty (30) working days of the date of such invoice. Such billing shall be based on the Disposal Fee as adjusted pursuant to Sections 7.02, 7.03 and 7.04 hereof. 8.0 INSURANCE AND PERFORMANCE 8.01 Coverages The Customer shall at all times during the Agreement, maintain in full force and effect General Liability, Workmen’s Compensation Insurance, Pollution Liability Insurance, and Bodily Injury and Property Damage Liability. The Customer agrees to furnish copies of insurance certificates upon request. 8.02 Leaks and Spills, Safe Transport Customer is fully responsible for the safe and legal transport of any such wastes or materials that is transported through or brought to the Augusta Landfill in their vehicles and shall be responsible for the cleanup of any such litter, leak, spill, or other release from such vehicle while in Augusta-Richmond County. 9.0 DEFAULT Except as otherwise provided herein, if either Party breaches any of the material provisions of this Agreement and fails to cure such breach within a period of thirty (30) days after receiving written notice setting forth a detailed description of such breach from the other Party, unless a longer period of time is required to cure such breach and the Party breaching shall have failed to commence to cure such beach within said thirty (30) day period and pursue diligently to completion thereof, then the other Party may terminate this Agreement; provided, however, 7 that the foregoing provisions relating to notice of breach and cure shall not apply to any failure of Customer to pay Augusta for services rendered hereunder . 10.0 MISCELLANEOUS 10.01 Transferability - No assignment of this Agreement or any right accruing under this Agreement shall be made in whole or in part by the Customer without the express prior written consent of Augusta or by Augusta without the express prior written consent of the Customer, except that Augusta without the consent of the Customer may assign and delegate any of its rights and obligations under this Agreement or subcontract the performance of any services to be rendered hereunder to any corporation or other entity which controls, or is controlled by, or is under common control with Augusta. 10.02 Force Majeure -The obligations of Augusta hereunder are subject to and excused in the event of the occurrence of any contingency beyond its reasonable control including, without limitation, (i) strikes, riots, wars, acts of God, accidents, (ii) compliance with any law, regulation, order or decree, and (iii) the denial, loss, suspension, expiration, termination, revocation or failure of issuance or renewal of any permit, license of other governmental approval required to construct and/or operate the Augusta Landfill. 10.03 Governing Law – This Agreement shall be governed by the laws of the State of Georgia. 10.04 Notices - Any notice which is permitted or required under this Agreement shall be duly given if in writing and either delivered personally to the person whom it is required to be given or sent registered or certified mail, return receipt requested, postage prepaid as follows: If to Customer: Inland Waste Solutions Chief Financial Officer 7241 Delainey Court Lakewood Ranch, Florida 34240 With Copy: Inland Waste Solutions General Manager 3925 Goshen Industrial Blvd Augusta, Georgia 30906 If to Augusta: Augusta, Georgia Environmental Services Department 4330 Deans Bridge Road Blythe, Georgia 30805 8 With copy: Augusta Georgia Office of the Mayor 535 Telfair Street, Suite 200 Augusta, Georgia, 30901 Each Party shall have the right, from time to time, to designate a different address by notice given in conformity with this Section. 10.05 Severability - In case anyone or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect or its inclusion shall result in the invalidity, illegality or unenforceability of this Agreement, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein; provided, however, that it is the intention of the Parties hereto that in lieu of each term, clause, or provision that is help to be invalid, illegal or unenforceable, there shall be added as a part of this Agreement a term, clause or provision as similar in terms to such invalid, illegal or unenforceable term, clause or provision as may be possible and be valid, legal or enforceable. 10.05 Cumulative Remedies -all rights, remedies and powers shall be deemed cumulative and not exclusive of any rights, remedies or powers available. No delay or omission to exercise any right, remedy or power shall impair such right, remedy or power or shall be construed to be a waiver of any breach or any acquiescence therein. Any such right, remedy or power may be exercised from time to time, independently or concurrently, and as often as shall be deemed expedient. No single or partial exercise of any right, remedy or power shall preclude other or further exercise thereof. In the event of a material breach of this Agreement by either Party, the non- breaching Party shall have all rights and remedies available under the laws of the State of Georgia, including the right to require that this Agreement be performed in accordance with its written terms and conditions. All claims, disputes and other matters in question between the Seller and the Buyer arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Buyer, by executing this Agreement, specifically consents to venue in Augusta and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 10.06 Independent Contractor/No Agency – Customer will act hereunder as an independent contractor and not as an agent of the Augusta. Further, the Customer is not an agent of Augusta or empowered or authorized to obligate Augusta in any way. 9 10.07 Open Records Act - The Parties shall comply with the Georgia Open Records Act, O.C.G.A. §§ 50-18-70 et seq. 10.08 Entire Agreement - This Agreement constitutes the entire agreement and understanding between the Parties relating to the subject matter hereof and cancels and supersedes all prior negotiations, representations, proposals, understandings and agreements, either written or oral, relating to the subject matter hereof. 10.09 Modifications and Waiver – The Parties must mutually agree upon any changes in the Agreement and must be incorporated by written amendments to the Agreement. The Augusta Administrator or their designee shall have the authority to amend the Agreement on behalf of Augusta. This Agreement shall not be modified, altered, changed or amended unless in writing and signed by the Parties. [SIGNATURES ON THE FOLLOWING PAGE] EXECUTED by their duly authorized representatives, who hereby certify that their signatures below bind the Parties to the terms and conditions of this Agreement, as of the day and year first above written. INLAND WASTE SOLUTIONS AUGUSTA, GEORGIA By: By: Printed Name: Printed Name: Title: Title: ATTEST: ATTEST: By: By: 10 Printed Name: Printed Name: Title: Title: Commission Meeting Agenda 3/19/2019 2:00 PM Approve the Landfill Disposal Agreement with Inland Waste Solutions and the Execution of the Agreement by the Mayor Department:Environmental Services Department:Environmental Services Caption:Motion to approve the Landfill Disposal Agreement with Inland Waste Solutions and approve the execution of the Agreement by the Mayor. (Approved by Engineering Services Committee March 12, 2019) Background:Inland Waste Solutions is one of the landfill’s largest customers, based on tonnage into the facility, and has been for some years. As a means of solidifying this relationship, Augusta Environmental Services is requesting an Agreement be approved so that a minimum tonnage is guaranteed to come to the landfill, at a set rate structure for a defined period of time. Analysis:Augusta’s landfill generates revenue by garbage coming into the facility. Having an Agreement in place with one of the facility’s top ten customers will allow the landfill to better project revenues each year, and guarantees that garbage continues to come to the Landfill. At this time, ESD has negotiated an Agreement with Inland Waste and is seeking approval of such. This allows the landfill to know the minimum tonnage the customer will bring to the facility each year, allowing for more accurate budgeting of revenues and operational expenses; most importantly, it insures no loss of tonnage to the facility. Financial Impact:Inland Waste brings approximately 1400 tons to the landfill each month. This generates revenues of approximately $600,000 per year. It is to Augusta’s benefit to solidify and grow this relationship via a disposal agreement. An agreement of this kind further encourages the use of the Augusta landfill by Inland. Alternatives:Do not approve the Agreement and request ESD renegotiate the terms of such. Recommendation:Approve the Agreement as written. Funds are Available in the Following Accounts: No funds are needed at this time. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Project: Owner:Augusta Utilities Department - Augusta, GA P.I. #220680 Date: 1/25/2019 ITEM DESCRIPTION UNIT EST QTY UNIT COST TOTAL S-1A 8” diameter PVC sanitary sewer pipe SDR 35, Depth 0’ to 6’, including Type II (No. 67 stone) bedding material LF 1029 100.00$ 102,900.00$ S-1B 8” diameter PVC sanitary sewer pipe SDR 35, Depth 6’ to 8’, including Type II (No. 67 stone) bedding material LF 650 110.00$ 71,500.00$ S-1C 8” diameter PVC sanitary sewer pipe SDR 35, Depth 8’ to 10’, including Type II (No. 67 stone) bedding material LF 420 125.00$ 52,500.00$ S-1D 8” diameter PVC sanitary sewer pipe SDR 35, Depth 10’ to 12’, including Type II (No. 67 stone) bedding material LF 368 135.00$ 49,680.00$ S-1E 8” diameter ductile iron sanitary sewer pipe Class 350 w/Protecto 401 lining, Depth 0’ to 6’, including Type II (No. 67 stone) bedding material LF 45 150.00$ 6,750.00$ S-1F 8” diameter ductile iron sanitary sewer pipe Class 350 w/Protecto 401 lining, Depth 10’ to 12’, including Type II (No. 67 stone) bedding material LF 82 165.00$ 13,530.00$ S-6A Pre-cast sanitary manhole, GA DOT STD 1011A, Type 1, Depth 0' to 6' (48" Diameter)EA 10 4,000.00$ 40,000.00$ S-7A Additional sanitary manhole depth, Type 1, Depth Class 1 (48" Dia.)VF 12 500.00$ 6,000.00$ S-7B Additional sanitary manhole depth, Type 1, Depth Class 2 (48” Dia.)VF 16 600.00$ 9,600.00$ S-8A 48” Diameter sanitary manhole exterior joint wrap EA 15 100.00$ 1,500.00$ S-10 Outside Drop Piping – Complete EA 2 1,500.00$ 3,000.00$ S-11 Doghouse/Connector Manhole, including base, cone, and ring and cover EA 5 8,000.00$ 40,000.00$ S-13B Sanitary sewer service short side connection EA 25 2,000.00$ 50,000.00$ S-14 Concrete encasement of sanitary sewer (creek crossings, etc.)CY 1 500.00$ 500.00$ S-17 Cut and plug existing sanitary sewer, diameter varies EA 12 500.00$ 6,000.00$ S-18 Abandon manhole EA 13 1,000.00$ 13,000.00$ S-19 Adjust manhole to grade EA 10 300.00$ 3,000.00$ W-1 8" diameter ductile iron water transmission main Class 350, standard joint LF 6,522 40.00$ 260,880.00$ W-2A 8" diameter ductile iron water transmission main Class 350, restrained joint LF 1,010 50.00$ 50,500.00$ W-2B 20" diameter ductile iron water transmission main Class 300, restrained joint LF 693 150.00$ 103,950.00$ W-4A 2" MJ 90° Bend EA 1 100.00$ 100.00$ W-4B 8" MJ 11.25° Bend EA 4 400.00$ 1,600.00$ W-4C 8" MJ 22.5° Bend EA 4 400.00$ 1,600.00$ W-4D 8" MJ 45°Bend EA 20 400.00$ 8,000.00$ W-4E 8" MJ 90° Bend EA 4 400.00$ 1,600.00$ W-4F 8"x8" MJ Tee EA 11 500.00$ 5,500.00$ W-4G 8" Cap EA 10 200.00$ 2,000.00$ W-4H 8"x6" MJ Reducer EA 15 400.00$ 6,000.00$ W-4I 8" Restraining Split Glands EA 30 100.00$ 3,000.00$ W-4J 10"x10" MJ Tee EA 2 600.00$ 1,200.00$ W-4K 10"x8" MJ Reducer EA 2 500.00$ 1,000.00$ W-4L 20" MJ 11.25° Bend EA 1 1,000.00$ 1,000.00$ W-4M 20" MJ 45° Bend EA 7 1,000.00$ 7,000.00$ W-4N 20" MJ 90° Bend EA 1 1,000.00$ 1,000.00$ Preliminary Opinion of Probable Construction Cost Utility Relocations for GDOT SR 4/15th Street Improvements For Augusta Utilities Department - Augusta, Georgia 30901 Relocation of water and sewer utilities located in the proposed project area for the GDOT SR4 / 15th St. Road Improvement Project Project Description Utility Relocations for GDOT SR 4/15th Street Improvements WKD Project No: 20170012.01.AG Water Sewer Utility Relocations for GDOT SR 4/15th Street Improvements WKD No. 20170120.01.AG Opinion of Cost Page 1 of 2 ITEM DESCRIPTION UNIT EST QTY UNIT COST TOTAL W-4O 20"x8" MJ Tee EA 4 1,200.00$ 4,800.00$ W-4P 20" Cap EA 2 400.00$ 800.00$ W-4Q 20" Bell joint restraint EA 10 500.00$ 5,000.00$ W-4R 6" Cap EA 15 100.00$ 1,500.00$ W-5 Fire hydrant, installed complete with valve, lead pipe, joint restraint, and blocking EA 10 4,000.00$ 40,000.00$ W-6A 8" in-line gate valve, including valve box, installed, complete, open right EA 46 1,500.00$ 69,000.00$ W-6B 10" in-line gate valve, including valve box, installed, complete, open right EA 3 3,500.00$ 10,500.00$ W-7 20" horizontal in-line gate valve, including valve box, installed, complete, open right EA 2 10,000.00$ 20,000.00$ W-10A 10"x8" Tapping Sleeve and Valve EA 1 5,000.00$ 5,000.00$ W-10B 2" Service Saddle and Valve EA 3 200.00$ 600.00$ W-14A New 1" short side water service, installed, including re-connection, complete EA 37 3,000.00$ 111,000.00$ W-14B New 2" short side water service, installed, including re-connection, complete EA 1 3,500.00$ 3,500.00$ W-15 Polyethylene pipe wrap LF 750 10.00$ 7,500.00$ W-16 Tie-in to existing line EA 12 2,500.00$ 30,000.00$ W-18 Abandon valve EA 10 300.00$ 3,000.00$ W-19 Adjust valve box to grade EA 5 100.00$ 500.00$ W-20 Adjust water meter to grade EA 5 3,000.00$ 15,000.00$ W-21 20" Line Stop EA 2 25,000.00$ 50,000.00$ W-22 Remove existing fire hydrant EA 9 200.00$ 1,800.00$ M-1 Flowable Fill CY 150 50.00$ 7,500.00$ M-2 Class A Concrete CY 50 100.00$ 5,000.00$ TOTAL COST =1,317,390.00$ Miscellaneous Utility Relocations for GDOT SR 4/15th Street Improvements WKD No. 20170120.01.AG Opinion of Cost Page 2 of 2 GDOT Contract ID No.: UATIA1901165 1 TRANSPORTATION INVESTMENT` ACT OF 2010 CONTRACT ITEM UTILITY AGREEMENT –Water and Sewer Facilities By and Between THE GEORGIA DEPARTMENT OF TRANSPORTATION and CITY OF AUGUSTA THIS AGREEMENT, made and entered into this day of 20 by and between the Department of Transportation, an agency of the State of Georgia, hereinafter called the DEPARTMENT, and the City of Augusta, a political subdivision of the State of Georgia, hereinafter called the LOCAL AGENCY; WHEREAS, pursuant to O.C.G.A. § 48-8-240 et seq., the General Assembly adopted the Transportation Investment Act of 2010, which creates twelve (12) special districts of the State and authorized elections to be held in each special district which would allow each special district independently of any other district to approve and authorize the imposition of a special district transportation sales and use tax to fund transportation projects within the special district; and WHEREAS, on July 31, 2012, three (3) of the twelve (12) special tax districts voted to levy the special district sales and use tax by voter referendum: the Central Savannah River Area special tax district, the River Valley special tax district, and the Heart of Georgia Altamaha special tax district; and WHEREAS, in accordance with O.C.G.A. § 48-8-249(b)(1) and an Intergovernmental Agreement between the DEPARTMENT and the Georgia State Financing And Investment Commission, dated January 1, 2013, the DEPARTMENT is authorized to manage the execution, schedule, budget and delivery of the Projects on the Approved Investment List(s) for the special districts; and WHEREAS, the DEPARTMENT desires to construct SR 4/15th Street Widening in Richmond County, PROJECT NUMBER RC07-000147, P.I. 220680-, hereinafter referred to as the "PROJECT"; and WHEREAS, due to the construction of this project, it will become necessary to make certain adjustments or additional installation of utility facilities of the LOCAL AGENCY; and WHEREAS, the LOCAL AGENCY has requested that the DEPARTMENT include the adjustment or installation of water and sewer facilities in its highway construction contract as shown on the attached plans; and WHEREAS, this Agreement being for the sole purpose of providing a contractor for work performed on the LOCAL AGENCY'S water and sewer facilities; and WHEREAS, the preliminary engineering, including preparation of detailed plans and contract estimate for adjustment of the utilities described above have been accomplished by the LOCAL AGENCY; and WHEREAS, the plans for the utility work have been approved by both the DEPARTMENT and the LOCAL AGENCY prior to commencing work; NOW THEREFORE, in consideration of the premises and the mutual covenants of the parties hereinafter set forth, it is agreed: 1. All construction engineering and contract supervision shall be the responsibility of the DEPARTMENT and the DEPARTMENT shall be responsible to assure that all utility work is accomplished in accordance with plans and specifications and to consult with the LOCAL AGENCY or LOCAL AGENCY’S Consultant before authorizing any changes or deviations which affect the LOCAL AGENCY’S facility. GDOT Contract ID No.: UATIA1901165 2 2. The LOCAL AGENCY or the LOCAL AGENCY’S Consultant shall have the right to visit and inspect the work at any time and advise the DEPARTMENT’S Engineer of any observed discrepancies or potential problems. The DEPARTMENT agrees to notify the LOCAL AGENCY when all utility work is completed and ready for final inspection by the LOCAL AGENCY. 3. It is specifically understood that the project number shown above is for the DEPARTMENT'S identification purposes only and may be subject to change by the DEPARTMENT. In the event it becomes necessary for the DEPARTMENT to assign a different project number, the DEPARTMENT shall notify the LOCAL AGENCY of the new project designation. Such change in project designation shall have no effect whatsoever on any of the other terms of this Agreement. 4. The DEPARTMENT shall include in its contract for this project all work necessary to accomplish the adjustment of the LOCAL AGENCY'S facilities as shown on the highway plans along with the necessary specifications to assure that the work conforms to sound construction practices. 5. In the event it becomes necessary to add pay items that are not provided for in the contract, the DEPARTMENT shall negotiate prices with the contractor and enter into a supplemental agreement with the contractor for completion of the additional items. 6. The DEPARTMENT shall furnish on the project the construction engineering inspection and testing by its own forces required to assure that the work is done in accordance with the plans, specifications and Special Provisions. 7. Upon completion of the work and upon certification by the DEPARTMENT'S engineers that the work has been completed in accordance with the aforesaid plans and specifications, the LOCAL AGENCY shall accept the adjusted and additional facilities and shall thereafter operate and maintain the adjusted and additional facilities without further cost to the DEPARTMENT or its contractor. Such maintenance and all operations and activities shall be subject to the DEPARTMENT'S rules, policies and procedures as contained in its Utility Accommodation Policy and Standards, current edition. 8. The DEPARTMENT shall include in its highway contract those items shown as "materials" for permanent installation on the aforesaid plans. The price bid for the appropriate items shall include all labor, materials and incidentals necessary to complete the work. The cost of the requested work shall be determined from unit quantities and unit prices as shown in the DEPARTMENT’S tabulation of bids. The DEPARTMENT shall bear 100% of the cost of work performed on the LOCAL AGENCY’s facilities. 9. The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the parties hereto. 10. It is mutually agreed between the parties hereto that this document shall be deemed to have been executed in the Fulton County, Georgia, and that all questions of interpretation and construction shall be governed by the laws of the State of Georgia. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] GDOT Contract ID No.: UATIA1901165 3 IN WITNESS WHEREOF, said parties have hereunto set their hands and affixed their seals the day and year above first written. GEORGIA DEPARTMENT OF COMPANY TRANSPORTATION _________________________________ __________________________________ Commissioner (Seal) City of Augusta, (Seal) __________________________________ Name and Title Attest: __________________________________ __________________________________ Witness Treasurer Signed, sealed and delivered This ____ day of ___________, 2016, in the presence of: ___________________________________ Notary Public Attest: __________________________________ Name and Title __________________________________ Federal Employer Identification Number GDOT Contract ID No.: UATIA1901165 4 GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT Name of Contracting Entity: City of Augusta Contract No. and Name: UATIA1901165 TRANSPORTATION INVESTMENT ACT OF 2010 CONTRACT ITEM UTILITY AGREEMENT By executing this affidavit, the undersigned person or entity verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm, or entity which is contracting with the Georgia Department of Transportation has registered with, is authorized to participate in, and is participating in the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned person or entity further agrees that it will continue to use the federal work authorization program throughout the contract period, and it will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the undersigned with the information required by O.C.GA. § 13-10-91(b). The undersigned person or entity further agrees to maintain records of such compliance and provide a copy of each such verification to the Georgia Department of Transportation within five (5) business days after any subcontractor is retained to perform such service. ________________________________ E-Verify / Company Identification Number ___________________________________ Signature of Authorized Officer or Agent _________________________________ Date of Authorization ___________________________________ Printed Name of Authorized Officer or Agent ____________________________________ Title of Authorized Officer or Agent ____________________________________ Date SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 201_ ________________________________________ [NOTARY SEAL] Notary Public My Commission Expires: ___________________ Commission Meeting Agenda 3/19/2019 2:00 PM Contract Item Utility Agreement with Georgia Department of Transportation for GDOT Project PI 220680 SR4/15th Street Widening – Milledgeville to Government Road Department:Augusta Utilities Department Department:Augusta Utilities Department Caption:Motion to approve execution of Contract Item Utility Agreement to include Augusta Utilities Department’s water and sanitary sewer relocations in the Georgia Department of Transportation contract, through competitive bidding, for GDOT Project PI 220680 SR4/15th Street Widening – Milledgeville to Government Road. (Approved by Engineering Services Committee March 12, 2019) Background:The Georgia Department of Transportation is widening and improving 15th Street between Martin Luther King, Jr. Blvd. and Government Road. Due to these improvements, Georgia DOT will need to relocate existing lines that are in conflict with the GDOT project. Augusta Utilities provided a plan to address the utility conflicts and the necessary relocations will be paid for by GDOT. Analysis:Approving this Contract Item Utility Agreement will allow GDOT and Augusta Utilities Department to move forward with the plans to include the relocation of the water and sewer in the GDOT project. Financial Impact:At this time, there will be no financial impact. Alternatives:No alternatives are recommended. Recommendation:Augusta Utilities Department recommend the Commission agree to the terms of the Contract Item Utility Agreement with GDOT and request the Mayor’s signature. Funds are Available in the At this time, there will be no financial impact. Following Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission OFFICIAL VENDORS Attachment B E-Verify #SAVE Form Original 7 Copies SOUTHERN SERVICES 2630 MILLEDGEVILLE ROAD AUGUSTA, GA 30904 YES 608439 YES YES YES UNIVERSAL PLUMBING 2415 MILLEDGEVILLE ROAD AUGUSTA, GA 30904 YES 475934 YES YES YES EARL BABBITT INC 1128 ELLIS STREET AUGUSTA, GA 30901 Yes EXEMPT YES YES YES STARK PLUMBING 106 HAMPTON TERRACE NORTH AUGUSTA, SC 29841 YES 1113019 YES YES YES Total Number Specifications Mailed Out: 24 Total Number Specifications Download (Demandstar): Total Electronic Notifications (Demandstar): Mandatory Pre-Proposal/Telephone Conference Attendees: Total packages submitted: 4 Total Noncompliant: 1 Qualification Opening RFQ Item #16-205 Sanitary Sewer Connection Services- Task Order Phase II for Augusta, Georgia - Utilities Department RFQ Due: Tuesday, July 26, 2016 @ 11:00 a.m. Page 1 of 1 Commission Meeting Agenda 3/19/2019 2:00 PM Sanitary Sewer Connection Program - RFQ 16-205 Department:Utilities Department:Utilities Caption:Motion to approve Budget Increase of $1,000,000 for the Sanitary Sewer Connection Program - RFQ 16-205 awarded to Southern Services and Universal Plumbing. (Approved by Engineering Services Committee March 12, 2019) Background:The Sanitary Sewer Connection Program (RFQ 16-205) connects new customers to Augusta’s sewer system for a nominal fee. Many of these customers are unable to bear the expense of re-plumbing their drain line, and therefore would not connect to the system without this program. Analysis:The program has resulted in 610 new customers to date, representing an estimated $300,000 in new revenue each year. $1,000,000 is programmed annually in our Capital Improvements budget. Financial Impact:1,000,000.00 in funds are available from account G/L 507043420-5425210 J/L 81500070-5425210 Alternatives:Do not approve Recommendation:Recommend Commission approve funding increase Sanitary Sewer Connection Program in the amount of $1,000,000.00 Funds are Available in the Following Accounts: $1,000,000.00 from account G/L 507043420-5425210 J/L 81500070-5425210 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 3/19/2019 2:00 PM The railroad crossing at 6th Street. Department: Department: Caption:Motion to approve tasking the Administrator with setting up a meeting with Norfolk Southern Railroad and bring a report back to the Commission in 30 days.(Approved by Engineering Services Committee March 12, 2019) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda Commission Chambe r - 3t1t20l9 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Few, Garrett, Sias, Fennoy, Frantom, Davis, D. williams, Hasan and clarke, members of Auguita Richmond County Commission. Absent: Hon. M. williams, member of Augusta Richmond county Commission. INVOCATION: Reverend Melvin Ivey, pastoq Greater St. John Baptist church PLEDGE OF ALLEGIANCE TO TTM FLAG OF T}IE UNITED STATES OF AMERICA. RECOGNITION(S) 2019 February Years of Service A. congratulationsl 2019 February Years of service (yos) recipients. IB ItemAnorovalsheet.html Motions Y:-t"' Motion Textrype Made Seconded MotionBy By Result Item Action: None Item Action: None Recognition of 2019 February Years of Service recipients. Five (5) minute time limit per delesation DELEGATIONS B. IvIr. Roy Wireman Re: Opposition to granting liquor licenses to AdultEntertainment Establishments. Motions Motion Type Made By C. Motion Text Presentation is made by Mr. Wireman. Joyner Re: Exemption to the no smoking Made By Seconded Motion By Result Seconded By ordinance for Motion Result VFW Post Item Action: None Mr. Bruce 649 Motions Motion Type Motion Text Presentation is made by Mr. Joyner. CONSENT AGENDA (Items l-26) PUBLIC SERVICES 1. Motion to approve the lst Amendment Company Contract at Augusta Regional $306,1 10.20 from original contract (18-21 l). Committee Februa ry 26, 20lg) to the McCarthy Improvement Item Airport with a reduction of Action: (Approved by Public Services Approved B unsiqned Mccarthv Amend l.odf B Motions Motion Motion TextI ype Motion to approve. Voting No: Approve Commissioner Brandon Garrett. Motion Passes 8-1. Made By Seconded By Motion Result Commissioner Ben Hasan Commissioner Dennis williams Passes 2. lloJ]on to approve, tasking Planning & Development with drafting an ItemOrdinance to allow for alcohol sales in adult entertainment establishments. Action:(Approved by Public services committee February 26,2019) Approved B oRD 6342 CITY C0DE ADTILT-ENTERTAINilTENT EST.Ddf E oRD 655I AMf,ND CoMP zoNING ADTILT BooK sToRE.Ddf lE ItemAnorovalsheet.html Motion to approve. Voting No: Approve $"#Tj'}iltt commissioner commissioner commissioner Ben Hasan Dennis Passes Williams Brandon Garrett. Motion Passes 7-2. 3. Motion to approve New Application: A.N. 19-07: request by John L. Sitler Itemfor a Wholesale Wine License to be used in connection with Beverage South, Action:LLC located at 1815 Wilkinson Rd. District 2. Super District 9. (Approved Approved by Public Services Committee FebruarV 26,2019) Motions f#:" Motion rext MotionSeconded Bv I- -' -" Result seconded By Motion Result Made By Made By l B AN.l9-o?.r, _[ lE ItemAoprovalsheet.html Motions Il:-tion Motion TextIVDC Motion to approve. 'ott'q,Il:-^- commissioner commissionerApprove Commrssroner - sr"na"? dj;'.n. Ben Hasan D;;i, wilii;;, Passes Motion passes 8-1. Motion to approve New Location: A.N. l9-0g: request by James ArthurHaslam, III for a retail package Beer & wine License to be used inconnection with Pilot Corporation dba Pilot Travel Center #144 located at Item Action: Approved 2975 Gun Club Road. District 7. Super Services Committee X'ebrua ry 26, 20lg\ District 10. (Approved by Pubtic IB AN.l9-o8.pdf lB ItemAonrovrlsheet.html Motions Motion fyp.-__ Motion Text seconded By Motion Result Motion to approve. Voting No: Approve Commissioner Commissioner Commissioner Brandon Garrett. Ben Hasan Dennis Williams Passes Motion Passes 8-1. 5. Motion to approve an ordinance to amend Augusta-Richmond County Code Item Section 6-7 Vehicles for Hire - Taxicabs, with the deletion of current section Action: of the ordinance providing for current standards for the age of vehicles, add a Approved surcharge for pickups at Augusta Regional Airport, and require taxi company listings under Google. (Approved by Public Services Committee February 26,2019) [B Taxi Cab amendments vehicle ase and airnort surcharse 20l902l5.docx Made By Made By lE ItemAonrovalsheet html Motions Motion Motion Textr ype seconded By Motion Result Motion to approve. Voting No: Approve Commissioner Commissioner Commissioner Brandon Garrett. Ben Hasan Dennis williams Passes Motion Passes 8-1. ADMINISTRATIVE SERVICES 6. Motion to approve an annual bid for Environmental Services Department, ItemUtilities Department and Recreation and Parks Department. The items require Action: Commission approval due to the fact that purchases on the individual prr.h*. Approved orders will exceed $25,000.00 per order. (Approved by Administrative Services Committee Februa W 26, Z0lg) lB Annual Bid Award - Commission Approval 20l9.doc IE 2019 Environmental Services Department Annual Bid Documentation.pdf B 2019 Utilites Department Annual Bid Documentetion.pdf B 2019 Recreation and Parks Annual Bid Documentation.pdf B sxtu css4elgozl3l64zo.pot Motion Result Motion to approve. Voting No: Approve Commissioner Commissioner Commissioner Brandon Garrett. Ben Hasan Dennis williams Passes Motion Passes 8-1. 7. Motion to authortze the Mayor to execute a Certification of Consistency with Item local Consolidated Plan for Peace Place Domestic Violence Shelter in Barrow Action: County, Georgia. (Approved by Administrative Services Committee Approved February 2612019) B 2018 certification of-Consistencv LocaLConsolidated plan-Aususta-Richmond.odf lB ItemAonrovalsheet,html lB ItemApprovalsheet.html Motions Y:11"' Morion rextrype Motions fr"J:" Motion rext Made By Made By Seconded By Seconded By Motion Result Motion to approve. Voting No: Approve Commissioner Commissioner Commissioner Brandon Garrett. Ben Hasan Dennis Williams Passes Motion Passes 8-1. 8. Motion to approve Bid Item #18-225: Richmond County Sheriffs Office is Item requesting to replace two prisoner transport vans to transport inmates to Action:various prisons within Georgia and adjacent states. lApproved by Approved Administrative Services Committee Februa ry 261 2019) {E Eval - RCSO-Jail Vans.pdf IB Tab Sheet - RCSO-Jail Van.pdf E ls-zzs trr - srNt to pappn.pdr [B Mail List and D€mandstar Planholders.pdf Gt rAB sHeer officiat.pdf IB ltemApprovalsheet html Motions Motion Motionii. - Motion Text Made By seconded By Result Motion to approve. Voting No: Approve commissioner commissioner commissioner Brandon Garrett. Ben Hasan Dennis Williams Passes Motion Passes 8-1. 9. Motion to approve Bid Item #18-304: The Storm Water Division of the ltem Engineering Department requests the replacement one F-350 with a F-550 Action:Dome style truck; and Bid Item #18-292: 3 Ventrac slope Approved mowers. (Approved by Administrative Services Committee X''ebruary 26, 2019) lB EvaL- 994487 F-350 Storm Water.odf lE Eval-Slooe Mowers.odf lB Tab Sheet -Storm_Water Dome Trk.xlsx lB Tab Sheet-Ventrac.xlsx B l8-Jo4 ITB.docx tB lg-Jol tar sHenT.xts B l8-304 Departmetrt Recommendation.pdf B Mail Labels.doc B l8-zgz t.tn_sHrnt.xts E r8-zgz ttg.por E l8-292 Recommendation_Letter_from Department.pdf @ 18-292 Mail Labels.docx B ItemAoorovalsheet.html Motions il,T:'" Motion Text Made By seconded By f;tjii Motion to approve. Voting No: Approve commissioner commissioner commissioner h Brandon Garrett. Ben Hasan Dennis Williams rasses Motion Passes 8-1. 10. Motion to approve Housing and Community Development Department's Item (HCD's) Homeowner and Emergency Rehabilitation program conversion to Action: the Code Assistance Rehabilitation Program (CARP). (Approved by Approved Adm inistrative Services Com mittee Februa ry 26, 2019) lE ltemApprovalsheet.html Motions Y:11"' Motion Text Made By Seconded By Motion Type ''"'- -r Result Motion to approve. Voting No: r\^^^-^-:--:^-^^-- Commissioner Approve commissioner commissioner Brandon Garrett. Ben Hasan Dennis Passes Williams Motion Passes 8-1. 11. Motion to approve Housing and Community Development Department's Item (HCD's) partnership with Georgia Rehabilitation Institute, Inc., and accept Action: their financial commitment of $150,000. (Approved by Administrative Approved Services Committee Februa W 26, 2019) B HCD GARehab Partnershipcommitmentltr.pdf [B ItemAnnrovalsheet.html Motions [,oli" Motion Text Made By Seconded By Motion'l'ype -'----- -" --------- -r Result Motion to approve. Voting No: Commissioner Approve ;:fiil:Tff;, ;:fffi::';*. Dennis Passes Williams Motion Passes 8-1. 12. Motion to approve Bid # 18-271and award the contract to proceed with the Main Library Flooring Replacement under the Local Vendor Option to H & H Concrete of Augusta, GA in the amount of $29,100.00. (Approved by ltem Administrative Services Committee February 2612019) Action: Approved B 18-271 ITB - SENT ro pApER.docx E l8-271 NtPB.pdf B 18-271 TAB - Local Vendor Option.pdf IE l8-271 Local vendor Ootion-sisned.pdf lE l8-271 Recomm€ndation Letter,pdf lE 18-271 Ptanholders List.pdf E ltemAoorovalsheet.html Motions []11" Motion Text Made By seconded By MotionlYPe -'---- -J Result Motion to approve. Voting No: Commissioner Approve Commissioner uommlssloner Brandon Garrett. Ben Hasan Dennis Passes Williams Motion Passes 8-1. 13. Motion to approve Housing and Community Development Department's Item (HCD's) Memorandum of Agreement in partnership with Augusta Tech (Job Action: Training Toolbox Grant Program). (Approved by Administrative Services Approved Committee Februa ry 26, 2019) E ItemApprovalsheet.html Motions f#:" Motion Text Made By Seconded By f.'r|il Motion to approve. Voting No: Cc_--^^,-_,_-- -,. Commissioner Approve Comriissroner - )mmlssloner Dennis passes Brandon Garrett. 5en Hasan williams Motion Passes 8-1. 14. Motion to approve changing the composition of the Augusta, Georgi aLand Item Bank Authority's membership from five to seven members. (Approved by Action: Administrative Services Committee February 512019) Approved Motion to approve. Voting No: ^^-_ . :__2 _ Commissioner Approve commissioner commissioner Brandon Garrett. Ben Hasan Dennis Passes Williams Motion Passes 8-1. 15. Motion to approve the permanent relocation of the Housing & Community Item Development Department to 510 Fenwick Street (DFCS Building) with Action:minor renovations to accommodate business operations. (Approved by Approved Administrative Services Committee February 5, 2019) B Land Bank_Asenda Item Reouest 2-26-19.odf B ItemAonrovalsheet.html Motions X:'1" Motion Text Made Bylype Motionseconded BY Resurt seconded By f."rfii B ltemAonrovrlsheet.html Motions Motion Motion Textr ype Made By Motion to approve. Voting No: A_ Commissioner Approve ;:#ffi'H#:_ ;:fflHf"' Dennis passes Williams Motion Passes 8-1. PUBLIC SAF'ETY 16. Motion to approve the award of Bid Item #19-132 to R. W. Allen Item Construction, LLC to construct the new fire station #2 and to authorize the Action:Mayor to execute the appropriate documents. (Approved by Public Approved Safety Committee Februa ry 26, 2019) B Contrect with R^ \f,/^ Allen nrlf IB 19-132 ITB to Paper.docx B l9-r32 r.rPB.pdf lB l9-t32 TAB OFFICLAL.pdf IB 19-132 Compliance Review.pdf lg l9-I32 Deprrtment Recommendrtion of Award.pdf tB 19-132 Planholders List.pdf lE ItemApprovalsheet.html Motions X:'1" IVlotion Text Made By seconded By MotionrYPe Result Motion to approve. Voting No: CommissioneruommlsslonerApprove Commissioner :--;--------^ Dennis Passes Brandon Garrett. Ben Hasan williams Motion Passes 8-1. F'INANCE 17. Motion to approve request to expand pool of banks as approved Item depositories. (Approved by Finance Committee February 26,2019) Action: Approved lB ItemApprovalsheet.html Motions s.,ol:" Morion Text Made By seconded By MotionlYPe -'""- -r Result Motion to approve. Voting No: ^ Commissioner Approve ;:#il,;'H#:_ ;:fffi::f*' Dennis passes Williams Motion Passes 8-1. 18. Motion to approve request to transfer funds from the Special Instructional ltem Services line item to Operational budget line item in the amount of $27,206 Action: plus 30% for benefits to fund unfunded Administrative Assistant position in Approved Juvenile court. (Approved by Finance Committee February 26120lg) E sxnt csslel go22olal gl.odr [B ItemAoorovalsheet.html Motions X:11"' Motion Text Made By seconded By Motion 'lype ''---- -'t ----"--- -r Result Motion to approve. Voting No: ^ Commissioner Approve S:#il:'Hff:_ ;:fffi:';*' Dennis passes Williams Motion Passes 8-1. 19. Motion to approve a request to move funds from salary lines to contract Item labor lines; once the employee refurns from worker's compensation leave Action: funds will be returned to salary line item. (Approved by Finance Approved Committee X'ebrua ry 26, 2019) E srut_css4e I goz2ot 8 I go.odf IB ItemAonrovalsheet.html Motions Motion m Motion- ----- Motion Text Made By Seconded Byf YPe .----- -'t *------- -r Result Motion to approve.VotingNo: A_.._,., , Commissioner Approve commissioner commissioner Brandon Garrett. Ben Hasan Dennis Passes Williams Motion Passes 8-1. 20. Motion to approve additional funding for reorganization of Tax Assessor Item Commercial Property Division. (Approved by Finance Committee Action: February 26,2019) Approved B 2019 Budser anah,sis (TAO) 2-18-l9.pdf B oncaNzeuoNal cuaRt -_zol8 I l-29_flrRRptrtt.oor IE ltemAonrovalsheet.html Motions f#:"' Motion rext Made By seconded By ffitjil Approve Motion to approve. commissioner commissioner passes Voting No: Ben Hasan DennisCommissioner Williams Brandon Garrett. Motion Passes 8-1. ENGINEERING SERVICES 21. Motion to approve cancelling the city's goat program and that the Director ItemofAED come back with a solution on how the issue will be addressed Action: regarding cutting, mitigating the and cleaning the retention ponds; (1A) Approved Motion to approve the Award of Bid Item 18-302 - Household Hazard Waste Materials Collection Events to Tradebe Environmental Services. (Approved by Engineering services committee x'ebruat! 26120lg') E sxM csslelgo2zotzs3o.pdr lB l8-302 ESD Department Recommendation of Award.pdf B 18-302 orFICnL rAB sHtrr.xh B Item,{pprovalsheet.html Motions Motion Motion Textrype Made By Seconded By Motion Result Motion to approve. Voting No: Commissioner Approve commissioner uommlssloner Brandon Garrett. Ben Hasan Dennis Passes Williams Motion Passes 8-1. 22. Motion approve additional services with Merrick & Company Item (Mclaughlin Whitewater Design Group) and Cranston Engineering Group in Action: the amount of $30,000. (Approved by Engineering Services Committee Approved February 26,2019) B sxnt_czzzl gozo r I stlo.oor B ltemAporovatsheet.html Motions Motion Motion Textlype Approve Motion to approve. Voting No: Commissioner Made By Seconded By ffXiI Commissioner Commissioner Passes Ben Hasan Dennis Williams Brandon Garrett. Motion Passes 8-1. 23. Motion to approve the deeds of dedication, maintenance agreements, and Itemroad resolutions submitted by the Engineering and Augusta Utilities Action: Departments for Southampton Subdivision, Section Six, including utility and Approved access easement for discharge of stormwater (ponds not being dedicated at this time). (Approved by Engineering Services Committee February 26, 20te) [B Southamoton Section Six Dedication forms.ndf B ltemAonrovalsheet.html Motion to approve.VotingNo: ^_ Commissioner Approve ;:#il:';ff:_ ;:f#::f"' Dennis passes Williams Motion Passes 8-1. PETITIONS AND COMMUNICATIONS 24. Motion to approve the minutes of the regular meeting of the Augusta Item Commission held February 19, 2019 and Special Called meeting held Action: February 26,2019. Approved B Reqular Commission Meeting February l9 20l9.pdf lB Called Commission Meeting Februarv 26 20l9.pdf B ltemApprovalsheet.html Motions Sotion Motion Textr ype Motion to approve. Voting No: Approve Commissioner Brandon Garrett. Motion Passes 8-1. Made By Motions ilil:",. Motion rext seconded By ffitjfMade By Commissioner Ben Hasan Seconded By Commissioner Dennis Williams Motion Result Passes SUBCOMMITTEE Pension Committee 25. Motion to approve restatement of 2008 GMEBS Master Plan documents as Item restated with the IRS and to maintain compliance with Section 18.02 of the Action: Plan. (Approved by Pension committee f,'ebruary l9r20lg\ Approved lB Resolution 2018 GMEBS.ndf B AGENDA-PENSIoN CoMMITTEf,-O2.I9.I9,Ddf E Pension Committee Minutes 2-19-l9.odf E ltemApprovalsheet.html Motions []11" Motion Text Made By Seconded By MotionlYPe - ----- -'t Result Motion to approve. uommlsslonerApprove Commissioner ;__;:- -'-^^-^ Dennis Passes Brandon Garrett. Ben Hasan williams Motion Passes 8-1. Pension Committee 26. Motion to approve Plan Amendment to 2008 GMEBS Pension Plan Item including post-certified employees of the Coroner's Office in the definition Action: of public safety employees. (Approved by Pension Committee February Approved 19,20 9) IB Ordinance Adoption Agreement and Addendums .l-l-l9,pdf E acrNn.q, prNstoN counttttm oz.lg.rq.por E ltemApprovalsheet.html Motions f#:" Motion Text Made By Seconded By H:tjil Motion to approve. Voting No: ,a^_- _--.--, Commissioner Approve Commissioner uommlssloner Dennis passes Brandon Garreff. 'E en nasan williams Motion Passes 8-1. 't,(,(,f END CONSENT AGENDA* * * * AUGUSTA COMMISSION 3/5t2019 AUGUSTA COMMISSION REGULAR AGENDA 3lsl20t9 (Items 27-33) PUBLIC SERVICES 27. Motion to approve policy/agreement regarding sidewalks immediately ltem adjacent to private buildings at the Augusta Commons. Action: Approved lB ItemAoorovalsheet.html Motions f#:"' Motion Text Made By Seconded By Hrlir' Motion to delete this Delete item from the agenda. .t"11',:tjlltt commissioner Motion passes g-0. sammie Sias Ben Hasan Passes Motions Motion rr-a:^_ m-__1 rr r h Motion-"'^"" Motion Text Made By Seconded By'l'YPe - ----- -'t Result Motion to approve reconsidering this item. Approve Voting No: Commissioner Commissioner Commissioner Brandon Garrett Ben Hasan Passes Sammie Sias. Motion Passes 8-1. Motions Motion r,-1:__-m Motion;----- Motion Text Made By Seconded BylYPe ------ -" Result Delete Passes Motion to delete this Commissioner Commissioner item from the agenda. Ben Hasan Sammie Sias Motion Passes 9-0. 28. lB ItemAonrovalsheet html Motions Motion Motion Text'l'ype Motion to approve a .._-^,.^ receiving this item asADDTOVE'^rr^-'- information. Motion Passes 9-0. ENGINEERING SERVICES 29. Update from Augusta Utilities for unserved areas. (Requested Discuss Augusta's Annual Senior Holiday Dinner (Requested by Commissioner Ben Hasan) & Dance Seconded By Event. Item Action: Approved Motion ResultMade By Commissioner Dennis Williams regarding any new by Commissioner Commissioner PassesMary Davis sewer lines being planned ltem Brandon Garrett) Action: None IB ItemAoorovalsheet.html Motions Motion Motion Textrype Made Seconded MotionBy By Result An update was given; no formal action was taken on this item. 30. Discuss the railroad crossing at 6th Street. (Requested by Commissioner Item Marion Williams) Action: Rescheduled lB ItemAporovalsheet.html Motions Motion;----- Motion Textrype Defer Motion to refer this item back to the Made By seconded By ffiXii Commissioner Commissioner Passes Sammie Sias Mary Davis Engineering Services Committee. Motion Passes 9-0. 31. Update from the Engineering Department staff regarding Kratha Drive's Item sidewalks in front of Wilkinson Gardens Elementary School. (No Action: recommendation from Engineering Services Committee February 26, Rescheduled 20te) E ltemAnnrovatsheet.html Motions X:j1" Motion Text Made By seconded By Motion'f'YPe '''-"- -r Result Motion to refer this item back to theDefer Engineering Service' ff##,:'Jl*" i:;TjJl,"er passes Committee. Motion Passes 9-0. OTHER BUSINESS 32. Motion to authorize changing the effective date for all new part-time Item positions in the Mayor's Office from July 1,2019 to March 3,2019. Action: Approved E ItemApprovalsheet.html Motions *11"' Motion Text Made By seconded By Motion'l'YPe '---- -J Result Motion to approve for one position with funding in the amount A Approve of $8,0i0fromthe Commissioner Commissioner Mayor,s current 2,lg Sammie Sias Ben Hasan Passes budget. Motion Passes 9-0. 33. Motion to approve the purchase of a Chevrolet Surburban LTZ for use in the Item Mayor's Office from the capital expense fund and to authorize competitive Action: bidding for this purchase. None lE ItemApprovalSheet.html Motions r#:" fn;t;",, Made Bv Seconded Bv r""xi,' Motion to Commissioner Commissioner BenApprove uppror.. william Fennoy Hasan No action is taken on this motion due to the passage of the substitute motion. Motions Motion rf,^a:^_,Tr^_-4 rr_r h ^ r rh Motion;""-.. Motion Text Made By Seconded By'r'ype '''--- -'r ----"--- -r ResultJI Substitute motion to approve the purchase of a Chevrolet Tahoe for the Mayor's Office through A - .._ ,._, -,Approve i*ffi,,Jil:;id;i,s -" S;#T}'"f,ffi fi:TB'jJf'., passes Commissioner Brandon Garrett. Motion Passes 8-1. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 34. Motion to authorize execution by the Mayor of the affidavit of Item compliance with Georgia's Open Meeting Act. Action: None Upcoming Meetings www.augustaga.gov CALLED MEETING COMMISSION CHAMBER March 12,2019 Augusta Richmond County Commission convened at 11:00 a.m., Tuesd,ay, March 12, 2019, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. Few, Garrett, Sias, Fennoy, Frantom, M. Williams, Davis, D. Williams, Hasan and clarke, members of Augusta Richmond county commission. Mr. Mayor: Good morning, everybody. I'll call this meeting to order. The Chair recognizes Attorney MacKenzie. 1. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Mr. MacKenzie: I would entertain a motion to go into an executive session to discuss pending and potential litigation, real estate and personnel. Mr. Hasan: I so moye. Mr. D. Williams: Second. Ms. Davis and Mr. Garrett out. Motion carries 8-0. IEXECUTTVE SESSTONI 2. I Iotion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Mr. MacKenzie: I would entertain a motion to execute the closed meeting affidavit. Mr. Fennoy: So move. Mr. Hasan: Second. Mr. Mayor: Voting. Motion carries 10-0. Mr. Mayor: The chair recognizes the Mayor pro Tern for a motion. Mr. Frantom: Thank you, Mr. Mayor. Move to approve the Commission policy with respect to the use of the Augusta Common. Mr. Sias: Second. Mr. Mayor: Voting. Mr. M. Williams abstains. Motion carries 9-1. Mr. Mayor: The Chair recognizes the commissioner from the I't, Finance Committee chairman. Mr. Fennoy: Motion to approve payment of $321600.07 to Georgia Municipal Employee Benefit System to correct errors in employee contribution amounts associated with the GMEBS 2008 plan and authorize the Administrator to disperse this amount. Mr. Sias: Second. Mr. Mayor: All right, I've got a motion and a proper second. Voting. Motion carries 10-0. Mr. Mayor: The Chair recognizes the commissioner from the 10n for a motion. Mr. Clarke: Mr. Mayor, I'd like to make a motion to approve the settlement of all claims of Beatrice Ray in the amount of $35,000 and to authorize the Administrator to disburse this amount. Mr. D. Williams: Second. Mr. Mayor: I've got a motion and a second. Voting. Motion carries 10-0. Mr. Mayor: The Chair recognizes the commissioner from the 6ft for a motion. Mr. Hasan: Motion to approve a lDoh salary increase for Crystal Eskola, Deputy Director of Animal Services, effective April B,Z0l9. Mr. Garrett: Second. Mr. Mayor: Motion and a second. Voting. Motion carries 10-0. Mr. Mayor: The chair recognizes the commissioner from the 5ft for a motion. Mr. Few: Mr. Mayor, thank you. I motion to hire James HiIl, IIL as Animal Services Director at an annual salary of $931455.00 and a starting date of April 8, 2019. Mr. Fennoy: Second. Mr. Mayor: A motion and a second. Voting. Motion carries 10-0. Mr. Mayor: The Chair recognizes the commissioner from the Sft for a motion. Mr. Garrett: Make a motion to authorize staff to draft a Code amendment to eliminate the requirement to register pets and all fees associated with the pet registration requirement. Ms. Davis: Second. Mr. Mayor: A motion and a second. Voting. Mr. Sias votes No. Motion carries 9-1. Mr. Mayor: Well, maybe the commissioner from German Shepherd. the 9tr and I are going to get him a Mr. Sias: I'll register him too. Mr. Mayor: And microchip. J Ir. Hasan: Must have been another county because we don't require that. Mr. Mayor: All right, I want to take a moment. Over the last several days there's been conversation going on in the community with regard to some comments that I made and I want to express my apologies to each ofthe candidates that's running for office in District 5 for any offense that my statement may have caused you. And while I understand that for the next two years any of the four may be my colleague I do know that I care deeply for this city and all of her residents and will not allow a wedge to be drawn against either of us. We will work together. We will disagree and there will be times when we agree. But what we will do is respect one another and look for ways to work together in moving this city forward in her best years. All right. There be no further business before us, Attomey MacKenzie, Madam Clerk - The Clerk: No, sir, ['m done. Mr. Mayor: Very well. [MEETING ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certiff that the above is a true and correct copy ofthe minutes of the Called Meeting ofthe Augusta Richmond County Commission held on March 12,2019. Clerk of Commission Commission Meeting Agenda 3/19/2019 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the regular meeting of the Augusta Commission held on March 5, 2019 and Special Called meeting held March 12, 2019. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AGENDA PENSION COMMITTEE MEETING TUESDAY, FEBRUARY 19, 2019 LEE N. BEARD COMMISSION CHAMBER MUNICIPAL BUILDING 1:00 P.M. 1. Presentation of December 31, 2018 investment reports for 1945 and 1949 Pension Plans. (Heather J. Seigler, Morgan Stanley) 2. Approve Plan Amendment to 2008 GMEBS Pension Plan including post-certified employees of the Coroner’s Office in the definition of public safety employees. Approval by Commission at the February 12, 2019 Special Called Meeting authorized GMA to draft the amendment to the plan document, which is an ordinance. GMA has drafted the amendment, which should now be approved by the Pension Committee and the Commission. 3. Approve restatement of 2008 GMEBS Master Plan documents as restated with the IRS and to maintain compliance with Section 18.02 of the Plan. These restatements are required periodically to maintain compliance. These actions are the responsibility of the plan administrator, GMA, but require approval from the governing authority. 4. Receive as information the amount of COLA for the 1945 and 1949 Pension Plans, according to the plan document in the amount published by the Bureau of Labor and Statistics. The all items CPI-U for the South increased 1.5 percent for the 12 months ending December 2018. This increase will be effective on March 1, 2019 benefit payments. Commission Meeting Agenda 3/19/2019 2:00 PM Pension Committee Department: Department: Caption:Motion to approve Plan Amendment to 2008 GMEBS Pension Plan including post-certified employees of the Coroner’s Office in the definition of public safety employees. (Approved by Pension Committee February 19, 2019, Commission March 5, 2019 - second reading) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: UPDATED 01/03/17 NAME OF BOARD Augusta-Richmond Board of Tax Assessors Members Term Appointed Effective Expires Dist. Renee D’Antignac 4-yr 01/03/16 Immediately 4/24/20 9 (22) James W. Scott 4-yr 04/21/15 04/25/15 4/24/19 10 (23) Juanita L. Burney 4-yr 12/06/16 12/06/16 4/24/20 10(23) Bernard Johnson 4-yr 04/21/15 04/25/15 4/24/19 9(22) William Lee, IV 4-yr 01/03/17 04/25/13 4/24/21 10(23) Frank Middleton 4-yr 12/06/16 04/25/17 4/24/21 9(22) EX-OFFICIO: Commissioner Sean Frantom Commissioner Johnny Few LEGISLATIVE APPOINTMENTS: Bryan Simkins 12/09/15 04/24/19 Robert Bledsoe 12/09/15 04/24/19 MEETING DATE: Second Monday of each month 4:00 P.M. WHERE: Tax Assessor’s Office FUNCTION: Assess all real estate and personal property. CREATED: 1973 Ga. L. p. 2813; 1974 Ga. L., p.3069; 1993 Ga. L. p. 4482 CONTACT: William “Bill” Lee at 706-821-1765 COMPENSATION: Chairman $875, members $625.00 per month Commission Meeting Agenda 3/19/2019 2:00 PM Appt. James Scott TABRC Department: Department: Caption:Motion to reappoint Mr. James Scott to the Tax Assessor Board of Richmond County to a four-year term effective 4/25/19 and ending 4/24/23. (Requested by Commissioner Ben Hasan) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 3/19/2019 2:00 PM Affidavit Department: Department: Caption:Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: