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HomeMy WebLinkAbout2019-10-01 Meeting MinutesCommission Meeting Agenda Commission Chamber - 10/1/2019 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; B. Williams, Garrett, Sias, Fennoy, Frantom, M. Williams, Davis, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. INVOCATION: Reverend Mar Trimm, Senior Pastor Metropolitan Community Church of Our Redeemer. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) Congratulation! Messrs. Harold & Charles Thompson A. Congratulations! Messrs. Harold & Charles Thompson on receiving recognition from the Georgia Farm Bureau for 100 years of farming history. (Requested by Commissioner Bill Fennoy) Item Action: None ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made to Mr. Harold Thompson. Years of Service B. Congratulations! SeptemberYears of Service Recipients. Item Action: None ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made to September 2019 Years of Service Recipients. Five (5) minute time limit per delegation DELEGATIONS C. Ms. Von Pouncey regarding Food Deserts and the need for a grocery store in the Laney-Walker Community. Item Action: None Von_Pouncey_Agenda_Item.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made by Dr. Pouncey. D. Ms. Kathleen Ernce, E.D., the Senior Citizens Council appreciation regarding Augusta's financial support for the SCC. Item Action: None 2019-01-19_Sr._Citizens_Council.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made by Dr. Ernce. CONSENT AGENDA (Items 1-15) PUBLIC SERVICES 1. Motion to approve New Ownership: A.N. 19-35: request by Ankitkumar Patel for a consumption on premise Liquor, Beer & Wine License to be used in connection with World of Beer Augusta located at 2819 Washington Rd. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee September 24, 2019) Item Action: Approved AN.19-35.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commissioner Mary Davis Commissioner Brandon Garrett Passes 2. Motion to approve New Location: A.N. 19-36: A request by Benjamin M. Zheng for a consumption on premise Liquor, Beer & Wine License to be used in connection with Top Crab Seafood & Bar located at 1347 Augusta West Parkway #02A. There will be Sunday Sales. District 3. Super District 10. (Approved by Public Services Committee September 24, 2019) Item Action: Approved AN.19-36.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commissioner Mary Davis Commissioner Brandon Garrett Passes 3. Motion to approve New Location: A.N. 19-37: request by Gregory L. Sims for a consumption on premise Liquor, Beer & Wine License to be used in connection with Dave & Buster's located at 807 Cabela Drive with a waiver of the 180 day period for the purchase of the license. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee September 24, 2019) Item Action: Approved AN.19-37.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commissioner Mary Davis Commissioner Brandon Garrett Passes 4. Motion to approve New Location: A.N. 19-38: request by Gregory L. Sims for a Arcade/Gameroom License to be used in connection with Dave & Buster's located at 807 Cabela Drive; with a waiver of the 180 day period for the purchase of the license. There will be Sunday Sales District 7. Super District 10. (Approved by Public Services Committee September 24, 2019) Item Action: Approved AN.19-38.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commissioner Mary Davis Commissioner Brandon Garrett Passes 5. Motion to approve the purchase of two (2) Ground Power Units from Aero Specialties in the amount of $39,333.50 per unit for a grand total $78,667.00. Bid Item 19-160A. (Approved by Public Services Committee September 24, 2019) Item Action: Approved GPU_Bid_Specs_#19-160A.pdf Bid_Sheet_#19-160A_GPU.pdf 19-160A_ITB_-_SENT_TO_PAPER.pdf 19-160A_Department_Recommendation_of_Award.pdf Mail_List_and_Demandstar_Planholders.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commissioner Mary Davis Commissioner Brandon Garrett Passes ADMINISTRATIVE SERVICES 6. Motion to deny an amendment to the AUGUSTA, GA CODE Section 1-2-13 (Rules of Procedure), Section 2.01.02 to clarify that any voting member of the Commission is permitted to a make a motion at any point, without needing recognition by the Chair, during any public meeting of the Commission, to become effective upon approval. (Approved by the Administrative Services Committee September 24, 2019) Item Action: Approved ORDINANCE_motions_Rules_of_Procedure.docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner William Fennoy, Commissioner Sammie Sias, Commissioner Bobby Williams, Commissioner Dennis Williams. Motion Passes 6-4. Commissioner Marion Williams Commissioner Ben Hasan Passes Motions Motion Type Motion Text Made By Seconded By Motion Result Deny Substitute motion to concur in the denial. Mr. Fennoy out. Voting No: Commissioner John Clarke, Commissioner Mary Davis, Commissioner Commissioner Sammie Sias Commissioner Bobby Williams Fails Brandon Garrett, Commissioner Ben Hasan, Commissioner Marion Williams. Motion Fails 4-5. 7. Motion to approve award of contract to provide professional services to assess the long term space needs of Augusta, Georgia Government operations to LS3P of Savannah, Georgia in the amount of $118,000.00. RFQ 19-231. (Approved by Administrative Services Committee September 24, 2019) Item Action: Approved 19-231_Invitation_to_paper.pdf 19-231_Official_Tab_Sheet.pdf 19-231_Final_Phase_II_Cumulative.pdf 19-231_Department_Recommendation_of_Award.pdf Process_Regarding_RFQs.pdf 19-231_MPQ.pdf Mail_List_and_Demandstar_Planholders.pdf Georgia_Procurement_Registry_Vendor_Summary.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commissioner Mary Davis Commissioner Brandon Garrett Passes 8. Motion to approve Housing and Community Development Department’s (HCD's) request to provide Laney Walker/Bethlehem Revitalization Funding to contract with Captialrise LLC to construct two (2) workforce, residential units on Boyd Lane. (Approved by Administrative Services Committee September 24, 2019) Item Action: Approved Contract_-_918_and_922_Boyd_Lane.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Marion Williams Commissioner William Fennoy Passes PUBLIC SAFETY 9. Motion to approve the allocation of funding for the Richmond County Sheriff's Office (RCSO) in the amount of $35,790.00 implement the Justice Assistance Grant (JAG) Project Safe Neighborhood. (Approved by Public Safety Committee September 24, 2019) Item Action: Approved 2018_Southern_PSN_RFA.docx Program_Narrative.docx Project_Safe_Neighborhoods_Application.pdf PSN_grant_Files.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commissioner Mary Davis Commissioner Brandon Garrett Passes 10. Motion to approve Amendment to the Inmates Food Services Contract with Trinity Food Services Group, Inc. (Approved by Public Safety Committee September 24, 2019) Item Action: Approved SKMBT_36319090911460.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commissioner Mary Davis Commissioner Brandon Garrett Passes 11. Motion to approve award of the Professional Management of (RCCI's) Inmates' Food Services to Aramark Correctional Services, LLC effective November 2019 subject to receipt of signed contract. RFP #19-220 (Approved by Public Safety Committee September 24, 2019) Item Action: Approved Aramark_Contract.docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commissioner Mary Davis Commissioner Brandon Garrett Passes ENGINEERING SERVICES 12. Motion to adopt Flood Insurance Rate Maps (FIRMs) and Flood Insurance Studies (FISs) reflecting proposed flood hazard determinations within Augusta, GA (and the jurisdictions of Blythe and Hephzibah) issued by the Department of Homeland Security’s (DHS’s) Federal Emergency Management Agency (FEMA). The effective date of the most recent Flood Insurance Rate Maps (FIRMs) and Flood Insurance Studies (FISs) for Augusta, GA is November 15, 2019. In keeping with the City of Augusta’s participation in the National Flood Insurance Program (NFIP) and the Community Rating System (CRS), adoption of Flood Insurance Rate Maps (FIRMs) and Flood Insurance Studies (FISs) reflecting proposed flood hazard determinations within Augusta, GA (and the jurisdictions of Blythe and Hephzibah) issued by the Department of Homeland Security’s (DHS’s) Federal Emergency Management Agency (FEMA). (Approved by Engineering Services Committee September 24, 2019) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Moton to approve. Mr. Fennoy out. Motion Passes 9-0. Commissioner Mary Davis Commissioner Brandon Garrett Passes 13. Motion to approve an Ordinance to amend Title Eight, Chapter 1, Article 1 of the Augusta GA Code entitled “Flood Damage Prevention” to provide for revisions as required by the State Model Flood Damage Prevention Ordinance, additions to clarify language in the text, and additional revisions to reduce flood risk, in keeping with the City of Augusta’s participation in the National Flood Insurance Program (NFIP) and the Community Rating System (CRS). (Approved by Engineering Services Committee September 24, 2019) Item Action: Approved Flood_Ordinance_-_amended_April_2019_-_draft_with_ordinance_language.doc ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commissioner Mary Davis Commissioner Brandon Garrett Passes 14. Motion to approve using previously awarded Bid Item 19-127 to Purchase an Additional Lift Station Power House from Border States Industries at the Previously Approved Price of $367,675.00. (Approved by Engineering Services Committee September 24,2019) Item Action: Approved 19-127_TAB.pdf 19-127_Invitation_to_Bid.docx 19-127_MPB.pdf 19-127-Department_Recommendation_of_Award.docx 19-127_Planholders_-_Demandstar_-_GA_Procurment.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commissioner Mary Davis Commissioner Brandon Garrett Passes PETITIONS AND COMMUNICATIONS 15. Motion to approve the minutes of the regular meeting of the Augusta Commission held on September 17, 2019 and Special Called Meeting held September 24, 2019. Item Action: Approved Regular_Commission_Meeting_September_17_2019.pdf Called_Commission_Meeting_September_24_2019.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commissioner Mary Davis Commissioner Brandon Garrett Passes ****END CONSENT AGENDA**** AUGUSTA COMMISSION 10/1/2019 AUGUSTA COMMISSION REGULAR AGENDA 10/1/2019 (Items 16-23) PLANNING 16. Request that the planning department clarify their understanding of the commission's action. Request that the planning department provide a short comprehensive list of all requirements that the property owner must comply with as approved by the commission. These requirements must be realistic and should not act as intentional impediments." (Requested by Commissioner Sammie Sias) Item Action: Approved Approval_Ltr._2019-_17-09_Zoning_Petition_Tubman_Home_Road.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Motion Passes 10-0. Commissioner Sammie Sias Commissioner Ben Hasan Passes PUBLIC SERVICES 17. Update from Augusta Recreation on their Capital Improvement Projects.Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve asking the Recreation Director to prioritize a list of recommendations regarding capital improvement projects at the various facilities to include the Henry Brigham Center, the Aquatics Center and the SPLOST VII list and bring it back to the Commission in 30 days along with guidelines and criteria for the recommendations. Motion Passes 10-0. Commissioner Dennis Williams Commissioner Sammie Sias Passes Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Substitute motion to approve replacing the Henry Brigham Center and the center at Dyess Park. Commissioner Bobby Williams Commissioner Ben Hasan Fails Voting No: Commissioner John Clarke, Commissioner Mary Davis, Commissioner William Fennoy, Commisioner Sean Frantom, Commissioner Brandon Garrett, Commissioner Sammie Sias, Commissioner Dennis Williams. Motion Fails 3-7. 18. Motion to approve the updated template for Memoranda of Understanding (MOU) between Augusta, Georgia and Community Partners for the joint operation of community centers. (Deferred from the September 24, 2019 Public Services Committee) Item Action: Approved Recreation_and_Parks_Template_for_MOU_-_09162019.pdf Recreation_and_Parks_List_of_Responsibilities_for_MOU_-_09162019.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Commissioner Dennis Williams Dies for lack of Second Motions Motion Type Motion Text Made By Seconded By Motion Result Deny Motion to disapprove this template and go back to the drawing board on it. Voting No: Commissioner Commissioner John Clarke Commissioner Ben Hasan Passes Dennis Williams. Motion Passes 9-1. ADMINISTRATIVE SERVICES 19. Discuss/approve Lease Agreement establishing the location of a Sheriff's Office substation at 2816 Washington Road. (Deferred from the September 24, 2019 Special Called Meeting) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. M. Williams abstains. Mr. Clarke out. Motion Passes 8-0 -1. Commissioner Ben Hasan Commissioner Dennis Williams Passes 20. Motion to approve appropriation of $150,000 of CBDG related funds for land acquisition, demolition, cleanup and re-development of a model duplex affordable housing unit in the 15th street targeted area. (Requested by Mayor Hardie Davis, Jr.) Item Action: Disapproved 2019-01-10_Mayor_Davis.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Delete Motion to delete this item from the agenda. Commissioner Sammie Sias Commisioner Sean Frantom Withdraws Mr. M. Williams objects to deleting this item from the agenda. Motions Motion Type Motion Text Made By Seconded By Motion Result Deny Passes Motion to deny. Motion Passes 10-0. Commissioner Sammie Sias Commissioner Dennis Williams Motions Motion Type Motion Text Made By Seconded By Motion Result Delete Substitute motion to delete this item from the agenda. Commissioner William Fennoy Dies for lack of Second Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Substitute motion to approve placing the demolition and the blight remediation in the Land Bank and the redevelopment of affordable housing/rooftops with HCD. Voting No: Commissioner Mary Davis, Commissioner William Fennoy, Commisioner Sean Frantom, Commissioner Brandon Garrett, Commissioner Sammie Sias. Motion Ties 5-5. Commissioner Ben Hasan Commissioner Marion Williams Ties ENGINEERING SERVICES 21. Discuss the Olive Road Overpass. (Requested by Commissioner Marion Williams) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve asking the Traffic Engineer to contact the railroad to see if they would consider installing a barrier on their right-of-way to keep vehicles from striking the overpass and have Mr. Ussery report back in 30 days. Commissioner Marion Williams Commissioner Dennis Williams Passes 22. Motion to approve directing Planning & Development Department to identify in their 2019 budget the funding to purchase 12 MDTs for use by Code Enforcement Division and bring information back to the Commission on October 1, 2019. (Approved by Engineering Services Committee September 24, 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. Commissioner Bobby Williams Commissioner Brandon Garrett Passes ATTORNEY 23. Approve the execution of the Letter of Consent with WGL Energy Systems, Inc. to consent to the assignment of the Lease Agreement between Augusta and WGL Energy Systems, Inc. pertaining to the Augusta Jail Site solar facility. (Requested by General Counsel Wayne Brown) Item Action: Approved 2019-01-10_Gen._Counsel_WGL.pdf ItemApprovalSheet.html Motions Motion Text Made By Seconded By Motion Type Motion Result Approve Motion to approve. Ms. Davis and Mr. Clarke out. Motion Passes 8-0. Commissioner Sammie Sias Commissioner Dennis Williams Passes LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 24. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Item Action: None Upcoming Meetings www.augustaga.gov Commission Meeting Agenda 10/1/2019 2:00 PM Attendance 10/1/19 Department: Department: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 10/1/2019 2:00 PM Invocation Department: Department: Caption:Reverend Mar Trimm, Senior Pastor Metropolitan Community Church of Our Redeemer. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 10/1/2019 2:00 PM Congratulation! Messrs. Harold & Charles Thompson Department: Department: Caption: Congratulations! Messrs. Harold & Charles Thompson on receiving recognition from the Georgia Farm Bureau for 100 years of farming history. (Requested by Commissioner Bill Fennoy) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 10/1/2019 2:00 PM Years of Service Department: Department: Caption:Congratulations! SeptemberYears of Service Recipients. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AGENDA ITEM REQUEST FORM Commission/Committee: (Please check one) /V Commission Public Services Committee Administrative Services Committee Engineering Services Committee Finance Committee Public Safety Committee \Ar.' Telephone Number:c>Q:> - Fax Number: E-Mail Addtess: Sono\ Caption/Topic of Discussion to be placed on the Agenda: Please send this request form to the following address: Ms. Lena J. Bonner Telephone Number: 706-82f-1g20 Clerk of Commission Fax Number: 706-g2l-1g3g Room 806 Municipal Building E-Mail Address: lbonner@augustaga.gov 530 Greene Strcet Augusta, GA 30911 Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk's Office no later than 5:00 p.m. on the Wednesday preceding the Commission or Committee meeting of the following week. A five-minute tirne limit will be allowed for presentations, Commission meetings are held on the first and third Tuesdays of each month at 2:00 p.m. Conrmittee meetings are held on the second and last Mondays of each month from 12:30 to 3:30 p.m. contact Information for IndividuallPresenter Making the Request: Commission Meeting Agenda 10/1/2019 2:00 PM Ms. Von Pouncey Department: Department: Caption: Ms. Von Pouncey regarding Food Deserts and the need for a grocery store in the Laney-Walker Community. 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 Tuesdays of each month - 2:00 p.m. Committee meetings: Second and last Tuesdays of each month - l:00 p.m. Commission/Committee: t,/ Commission (Please check one and insert meeting date) Public Safety Committee Public Services Committee Administrative Services Committee Engineering Services Committee Finance Committee Contact Information for Individual/Presenter Making the Request: Fax Number: f\K ..1-{, r D(Y)f rt U ('d/r\rnrJE) Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Jt/9 E-MailAddress: Caption/Topic of Discussion to be placed on the Agenda: Name: (a*Xlrr., &....- , F b. -fho So-"-.i .'. & [. "r{",s O,"-r-".I Address: *30'? t l+t^ 9t-ef. +"n, 'J-l =Cl . =T?_o! , _ ' TelephoneNumber: lot ^trry*OrAd I I lo Q-ZJl-,?5/D Please send this request form Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 Telfair Street Augusta, GA 30901 to the following address: Telephone Number: 7 06-821-1820 Fax Number: 706-821-1838 E-Mail Address: nmorawski@augustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk's Office no later than 5:00 p.m. on the Wednesday preceding the Commission meeting and 5:00 p.m. on the Tuesday preceding the Committee meeting of the following week. A five- minute time limit will be allowed for presentations. Commission Meeting Agenda 10/1/2019 2:00 PM Senior Citizens Council Department: Department: Caption: Ms. Kathleen Ernce, E.D., the Senior Citizens Council appreciation regarding Augusta's financial support for the SCC. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 10/1/2019 2:00 PM Z-19-40 Department: Department: Caption:Request that the planning department clarify their understanding of the commission's action. Request that the planning department provide a short comprehensive list of all requirements that the property owner must comply with as approved by the commission. These requirements must be realistic and should not act as intentional impediments." (Requested by Commissioner Sammie Sias) Background:The Augusta Commission on September 17, 2019 approved Planning Commission's agenda item Z-19-40, as stated on the attached Administrator's Approval Letter. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 10/1/2019 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership: A.N. 19-35: request by Ankitkumar Patel for a consumption on premise Liquor, Beer & Wine License to be used in connection with World of Beer Augusta located at 2819 Washington Rd. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee September 24, 2019) Background:This is a New Ownership, formerly in the name of David Schultz. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $3,492.50 Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 10/1/2019 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Location: A.N. 19-36: A request by Benjamin M. Zheng for a consumption on premise Liquor, Beer & Wine License to be used in connection with Top Crab Seafood & Bar located at 1347 Augusta West Parkway #02A. There will be Sunday Sales. District 3. Super District 10. (Approved by Public Services Committee September 24, 2019) Background:The 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 pro-rated fee of $3,492.50 Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 10/1/2019 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Location: A.N. 19-37: request by Gregory L. Sims for a consumption on premise Liquor, Beer & Wine License to be used in connection with Dave & Buster's located at 807 Cabela Drive with a waiver of the 180 day period for the purchase of the license. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee September 24, 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 pro-rated fee of $3,660.00 Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 10/1/2019 2:00 PM Arcade/Game room Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Location: A.N. 19-38: request by Gregory L. Sims for a Arcade/Gameroom License to be used in connection with Dave & Buster's located at 807 Cabela Drive; with a waiver of the 180 day period for the purchase of the license. There will be Sunday Sales District 7. Super District 10. (Approved by Public Services Committee September 24, 2019) Background:This is a New Location. Analysis:The applicant meets the requirements of the City of Augusta's Arcade and Amusement Ordinance. Financial Impact:The applicant will pay a regulatory fee and the occupation tax fee based on gross revenue. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Invitation to Re-Bid Sealed Re-bids will be received at this office until Friday, August 23, 2019 @ 11:00 a.m. for furnishing: Re-Bid Item #19-160A Aircraft Ground Power Unit for Augusta, Georgia – Augusta Regional Airport 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. Re-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 9, 2019 @ 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 Re-bids may be withdrawn for a period of ninety (90) 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 re-bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle July 18, 25, August 1, 8, 2019 Metro Courier July 18, 2019 Commission Meeting Agenda 10/1/2019 2:00 PM Ground Power Unit Purchase- Augusta Regional Airport Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve the purchase of two (2) Ground Power Units from Aero Specialties in the amount of $39,333.50 per unit for a grand total $78,667.00. Bid Item 19-160A. (Approved by Public Services Committee September 24, 2019) Background:Aviation Services currently only has two ground power units to service aircraft. Recently one unit was down for repairs for an extended period, which placed a strain on operations. During the budget planning period for 2019, two ground power units were requested and approved Analysis:In collaboration with the Procurement Department, an Invitation to bid for two 28.5v ground power units were issued. The solicitation was mailed out to nine vendors and three responsive bids were received. After reviewing all three bids it was determined that Aero Specialties was the lowest responsive bidder, at $39,333.50 per unit for a grand total $78,667.00. (See bid tabulation attached). The units will be financed through GMAC leasing via the lease purchase option. Financial Impact:$78,667.00 Alternatives:to deny Recommendation:August Aviation Commission and Airport Staff recommends approval Funds are Available in the Following Accounts: 551081306-5413120 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 10/1/2019 2:00 PM Augusta Recreation CIP Department:Augusta Recreation Department:Augusta Recreation Caption:Update from Augusta Recreation on their Capital Improvement Projects. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Page 1 of 12 AUGUSTA COMMUNITY CENTER PARTNERSHIP MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING is made and entered into this _______ day of ___________, 20_______, by and between AUGUSTA, GEORGIA (“Augusta”), a political subdivision of the State of Georgia, by and through the Augusta Department of Recreation and Parks and the [Community Partner]. WHEREAS, Augusta and [Community Partner] deems that it would be beneficial to both the Augusta taxpayers and local Augusta residents for [Community Partner] and Augusta to jointly operate [Name of the Community Center] (“Community Center”), [Address] (Address). WHEREAS, [Community Partner] will accept the responsibility to staff, develop, and implement sound programs for the best interest of this community; and NOW, THEREFORE, for and in consideration of the mutual promises and the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: A. RESPONSIBILITIES OF [Community Partner] 1. [Community Partner] shall provide adequate staffing of the Community Center during the operating hours of the Center. 2. At the beginning of this agreement and each following year in January, [Community Partner] shall provide proof of Not-For-Profit status to Augusta. 3. Programs at the Community Center shall be staffed accordingly, dependent upon whether the program is a youth program or an adult program as defined in the Staffing Requirements. (See Attachment 1) Page 2 of 12 4. Hours of Operation for the Community Center shall be _____________________________. 5. [Community Partner] shall provide staff for all rentals at the Community Center and follow the current rental guidelines provided by Augusta. The rental guidelines are attached and by reference made part of this agreement. (Attachment 3) 6. For every new staff and/or volunteer, [Community Partner] shall submit a volunteer release form (see Attachment 2) to Augusta no later than 2 weeks prior to the staff and/or volunteer’s first scheduled start date. Augusta will perform a background check and approve the use of said staff person/volunteer based on the approved guidelines used by Augusta. 7. [Community Partner] shall create programs and activities for the Community Center and meet with Augusta annually to discuss operations and programs, as well as any changes, modifications, or amendments to this lease agreement and/or any fees that may need to be modified or implemented. The annual meeting will be held in June to ensure timely consideration of budgeting needs. 8. [Community Partner] shall maintain an inventory of all supplies furnished by Augusta for the Community Center and shall perform general maintenance of the interior/ exterior of the Community Center, which includes mopping, sweeping, and picking up litter from the grounds. 9. [Community Partner] shall coordinate with Augusta’s Certified Playground Inspector to maintain a current safety inspection of all existing playground Page 3 of 12 equipment. In the event that any equipment is deemed unsafe, that equipment must be properly labeled unsafe and Augusta personnel must be immediately contacted. 10. [Community Partner] agrees to indemnify and hold harmless Augusta from any and all claims in any way related to or arising out of any failure of [Community Partner] to perform its obligations hereunder or related to or arising out of any damage or injury to property or persons, occurring or allegedly occurring in, on or about the Community Center during the period from the date of this agreement to the end of the agreement, including reasonable attorney’s fees and expenses of litigation incurred by [Community Partner] in connection therewith. [Community Partner] further agrees that the foregoing agreement to indemnify and hold harmless applies to any claims for damage or injury to itself and/or any individuals employed or retained by it in connection with any changes, additions, alterations, modifications and/or improvements made to [Name of the Community Center], and hereby releases Augusta from liability in connection with any such claims. 11. Without limiting the foregoing, [Community Partner] further agrees to maintain, on a primary basis and at its sole expense, at all times during the life of this agreement the following coverages and limits. The requirements contained herein, as well as City’s review or acceptance of insurance maintained by [Community Partner] is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by [Community Partner] under this Agreement. Page 4 of 12 Commercial General Liability – Combined single limit of no less than $1,000,000 each occurrence and $2,000,000 aggregate. Coverage shall not contain any endorsement(s) excluding nor limiting Product/Completed Operations, Contractual Liability or Cross Liability. Automobile Liability – Limits of no less than $1,000,000 Combined Single Limit. Coverage shall include liability for Owned, Non-Owned and Hired automobiles. In the event [Community Partner] does not own automobiles, [Community Partner] agrees to maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Auto Liability policy. Automobile coverage is only necessary if vehicles are used in the provision of services under this Contract and/or are brought on an Augusta site. Additional Insured – [Community Partner] agrees to endorse the Augusta as an Additional Insured on the Commercial General Liability. The Additional Insured shall read ‘Augusta, Georgia as its interest may appear’. Certificate of Insurance – [Community Partner] agrees to provide Augusta a Certificate of Insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect. If [Community Partner] receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, [Community Partner] agrees to notify Augusta within five (5) business days with a copy of the non-renewal or cancellation notice, or written specifics as to which coverage is no longer in compliance. Page 5 of 12 12. [Community Partner] shall follow all safety guidelines set forth by Augusta which include, but not limited to, immediately notifying Augusta in the event of break-ins, property damage, emergencies, or incidents. An Augusta-issued incident report must be submitted immediately following the incident. 13. [Community Partner] will abide by all federal, state, and local laws. 14. [Community Partner] shall expend all revenues received by [Community Partner] for services rendered at the Community Center for materials, supplies, or other services that directly affect the operations of the Community Center. 15. [Community Partner] shall inform Augusta as soon as possible of all changes in staffing levels, changes in personnel, including volunteers. [Community Partner] shall also communicate as soon as possible, but at least 5 working days in advance, all changes in programming, hours of operation, days of operation, and implementation of new programs. [Community Partner] will provide schedules with program descriptions for any new program. 16. [Community Partner] shall provide a quarterly report of usage and revenue for revenue-based and non-revenue based programs, as well as facility rentals. The report shall contain at least the following: Number of patrons by program / activity / rental, number of rentals, revenue by program / activity / rental. Augusta shall provide a reporting template similar to the reports used by other community center. 17. [Community Partner] shall provide an annual summary report of revenues and expenditures. Page 6 of 12 B. RESPONSIBILITIES OF AUGUSTA 1. Augusta shall be responsible for assisting [Community Partner] in the operation of the Community Center in the following manner: i. Supply all utilities. ii. Perform all repairs and normal maintenance for the upkeep of the facility (painting, pesticide treatment, etc.) iii. Ensure compliance with all federal, state, and local laws, regulations, and ordinances, including, but not limited to the Americans with Disabilities Act (ADA) for the Community Center. iv. Provide for trash collection and recycling from the existing refuse and recycling bins on the grounds. Provide for stripping and waxing of floors within the facility. v. Supply both programming and janitorial supplies as budgeted and approved by the Augusta, Georgia Board of Commissioners. vi. Supply all capital purchases, as needed, depending on funding. vii. Provide assistance with special events that are programmed by [Community Partner]. viii. Provide all necessary guidelines/ manuals concerning building rentals and safety questions. ix. Promptly respond to emergency situations, such as break-ins, that may arise. Page 7 of 12 2. Augusta shall issue keys for the Community Center to [Community Partner]’s officers, volunteers, and staff who have been identified as approved keyholders. 3. Management of Community Center or Park Capital Improvements i. Augusta shall be responsible for managing any and all improvements to the Community Center, Park, or other property owned by Augusta regardless of funding source. 4. Augusta shall also provide the following departmental contacts for [Community Partner]: i. ______________________ - Recreation District Manager- Emergency Contact: (work) 796- 5025, _______________________ (cell) C. MUTUAL RESPONSIBILITIES: 1. The parties will work together to maintain a quality and safe environment for the benefit of the community. At the request of either party, a meeting or conference will be held between [Community Partner] and Augusta representatives to resolve any problems or develop any improvements in the operation of the Community Center. 2. The term of this affiliation shall be for one year, commencing on [DATE], and ending on December 31, [DATE]. This working relationship and affiliation may be renewed by mutual written consent of the parties each year for a total maximum of Page 8 of 12 five (5) years. It may also be canceled at any time by either party upon not less than sixty (60) days written notice to the other party. 3. The parties acknowledge and agree that neither party shall be responsible for any loss, injury or other damage to the person or property of any student or staff member at the Community Center due to the negligence or willful conduct of the other party, its agents, officers or employees. 4. This relationship is intended solely for the mutual benefit of the parties hereto, and there is no intention, express or otherwise, to create any rights or interests for any party or person other than [Community Partner] and Augusta; without limiting the generality of the foregoing, no rights are intended to be created for any student, parent or guardian of any student, spouse, next of kin, employer, prospective employer, or any other third party. 5. Neither party, or its agents or employees, is an agent, employee, or servant of the other party. Augusta and [Community Partner] acknowledge and agree that the volunteer participants are not employees of [Community Partner] or Augusta by reason of such participation. Volunteer participants shall in no way hold themselves out as employees of [Community Partner] or Augusta. 6. This Memorandum of Understanding shall be governed by, construed, and applied in accordance with the laws of the State of Georgia. 7. This Memorandum of Understanding shall supersede any and all previously executed Memoranda of Understanding between the parties. Page 9 of 12 AGREED TO BY: AUGUSTA, GEORGIA By: _____ Hardie Davis, Jr., Mayor Date: ______ Attest: _______________________________ Lena J. Bonner, Clerk of Commission [Community Partner] By: Date: Page 10 of 12 ATTACHMENT 1 STAFFING REQUIREMENTS: [Community Partner] must supply staff or volunteer members that meet the following qualifications:  Certified CPR and First Aid:  Desire and knowledge of practices and principals needed to develop activities for youth and adults: City will assist in training of volunteers.  Clerical skills that involve maintaining records pertaining to program registrations, supply inventories, rental contracts, user fees and other facility charges and information;  The ratio shall be 1 supervisor for every 20 youth.  Have executed a Volunteer Release Form, in the form attached hereto. GENERAL SUMMARY It is the responsibility of [Community Partner] to coordinate and monitor activities held at Community Center within departmental and City guidelines. Also, it is essential for [Community Partner] to work with instructors, program participants, community leaders, civic organizations and the general public to ensure programs and services are implemented in a safe and professional manner. Page 11 of 12 ATTACHMENT 2 VOLUNTEER REGISTRATION AUGUSTA, GEORGIA I, ______________________________. Wish to participate in Augusta, Georgia’s volunteer program by volunteering to work at the Augusta, Georgia____________________ ______________________________________________________________________________ ______________________________________________________________________________ _____________(describe work which will be done) for _____________________ hours per week from ________________________ through ___________________________, ___________. I understand that Augusta, Georgia may cancel my participation in its program at any time, for any or no reason. I understand that I will receive no payment for my participation and I do not wish to receive, and hereby decline, payment. I understand that I am not an employee of Augusta, Georgia, and that I am not, and will not be, eligible for workers’ compensation coverage or other benefits. The particular volunteer services which I am to perform for Augusta, Georgia have been explained to me, and I hereby assume all risks and hazards incidental to my engaging in these volunteer services. I hereby release and covenant not to sue Augusta, Georgia, the Augusta- Richmond County agents, employees and representatives from any and all liability in connection with my participation in the volunteer program. ________________________________________ Signature Printed Name: ____________________________ Date Signed: _____________________________ Sworn to and subscribed before me this _____ day of _____________, 2018. ____________________ Notary Public My Commission Expires: ____________________ Page 12 of 12 RESPONSIBILITIES OF [Community Partner] Current responsibilities:  Provide adequate staffing during hours of operation  Provide programming staffing levels as defined in staffing requirements  Maintain inventory of supplies and perform general maintenance  Coordinate with certified playground inspector for playgrounds to be inspected regularly  Follow all safety guidelines set forth by Augusta  Abide by all federal, state and local laws  Expend all revenues received for materials, supplies, or other services that affect the center operation. Proposed added responsibilities:  Provide annual proof of Not-For-Profit status (copy of the annual registration for a corporation with the Georgia Secretary of State)  Provide staffing for rentals and adhere to Augusta rental guidelines  Submit volunteer release form for all new staff and/or volunteer and seek approval prior to scheduled start date  Create programs and activities and meet annually with Augusta to discuss operations and programs  Indemnify and hold harmless Augusta  Acquire and maintain at all times of agreement liability coverage (General commercial: $1,000,000 each and $2,000,000 aggregate; Automobile: $1,000,000 Combined Single limit)  Inform Augusta of all changes in staffing levels, personnel, hours and/or days of operation, and changes in programming.  Provide quarterly report of usage and revenues based on Augusta-issued reporting template  Provide annual summary report of revenues and expenses. RESPONSIBILITIES OF AUGUSTA Current responsibilities:  Supply all utilities  Perform all repairs and normal maintenance  Ensure compliance with federal, state, local laws, regulations and ordinances  Provide for trash collection, striping and waxing of floors within the facility  Supply both programming and janitorial supplies as budgeted  Supply all capital purchases, as needed and funded  Provide assistance with special events  Provide all necessary guidelines and/or manuals concerning building rentals and safety inspections  Promptly respond to emergency situations  Manage Community Center and/or Parks Capital Improvements  Provide departmental contact Proposed added responsibilities:  Issue keys to [Community Partner]’s identified and approved keyholders Commission Meeting Agenda 10/1/2019 2:00 PM Updated template for MOU’s between Augusta and Community Partners for the operation of community centers Department:Recreation and Parks Department Department:Recreation and Parks Department Caption:Motion to approve the updated template for Memoranda of Understanding (MOU) between Augusta, Georgia and Community Partners for the joint operation of community centers. (Deferred from the September 24, 2019 Public Services Committee) Background:The Recreation and Parks Department has updated the template on which Memoranda of Understanding for the operation of community centers are based. Based on the most recent approved memorandum, verbiage to increase accountability and transparency has been added to the template and the draft has been vetted by Recreation and Parks staff as well as the Law Department. Analysis:Approving the updated template will add responsibilities on both sides of the agreement and increase transparency and accountability. It is the Department’s belief that these updates are needed to provide the citizens of Augusta with a comparable service across all community centers. Once approved, the Recreation and Parks Department will utilize this template to prepare individual memoranda of understanding with community partners and submit those to the Augusta Commission as specified in the agreement for approval. Financial Impact:N/A Alternatives:1. To Approve 2. To Move No Action Recommendation:1. To Approve the current template for MOU’s. N/A Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission ORDINANCE NO. __________________ AN ORDINANCE TO AMEND AUGUSTA, GA CODE SECTION 1-2-13 (RULES OF PROCEDURE) TO ALLOW ANY VOTING MEMBER OF THE AUGUSTA COMMISSION TO MAKE A MOTION AT ANY POINT WITHOUT BEING RECOGNIZED BY THE CHAIR; AND FOR OTHER PURPOSES. WHEREAS, AUGUSTA, GA CODE Section 1-2-13 (Rules of Procedure) addresses the rules of procedures and processes for conducting public meetings of the Augusta Commission (“Commission”); and WHEREAS, the Commission may amend its Rules of Procedure at any time; and WHEREAS, the Commission deems that every voting member of the Augusta Commission shall have the opportunity to make a motion, at any time, during a public meeting and such motions shall be governed by the Commission’s Rules of Procedure; and WHEREAS, the Commission desires to amend AUGUSTA, GA CODE Section 1-2-13 (Rules of Procedure), Section 2.01.02 so that any voting member of the Commission is permitted to a make a motion at any point without needing recognition by the Chair, during any public meeting of the Commission. . THE AUGUSTA, GEORGIA COMMISSION hereby ordains as follows: SECTION 1. Augusta, GA Code Section 1-2-13 (Rules of Procedure), as re-adopted by the Commission on July 10, 2007, is hereby amended as set forth in the attached “Exhibit A.” Augusta, GA Code Section 1-2-13, Section 2.01.02 is amended and shall read as follows: 2.01.02 All Commissioners must conduct themselves in a professional and respectful manner. All remarks should be directed to the Chairman-Mayor and not to individual Commissioners, staff or citizens in attendance. Personal remarks are inappropriate. A Commissioner may not speak at a meeting until he or she has been recognized by the Chairman-Mayor unless speaking to make a motion. Any voting member (i.e., Commissioner) can make a motion at any point without needing recognition by the chair. All comments made by a Commissioner shall address the motion that is being discussed. SECTION 2. This ordinance and the incorporated amendment shall be effective upon adoption by the Augusta Commission and shall be made a part of the Augusta Code of Ordinances in accordance with applicable laws. SECTION 3. The sections, paragraphs, sentences, clause and phrases of this ordinance are severable. Should any provision of this ordinance be rendered invalid by a court of law, the remaining provisions shall continue in force and effect until amended or repeal by action of the Commission. 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 1st Reading:______________________ 2nd Reading:______________________ “Exhibit A” RULES OF PROCEDURE for the AUGUSTA, GEORGIA COMMISSION CONTENTS Section 1.01 Meeting- Time and place; Committees Section 1.01.01 Regular, Meetings, Special Meetings, Committee Meetings Section 1.01.02 Adjourned Meetings Section 1.01.03 Executive Session Meetings Section 1.02 Quorum Section 1.03 Chairman-Mayor Section 1.04 Vice Chairman-Mayor Pro Tempore Section 1.05 Absence of Chairman-Mayor and Vice Chairman-Mayor Pro Tempore Section 1.06 Minutes Section 1.06.01 Content of Minutes Section 1.06.02 Approval of Minutes Section 1.07 Regular Agenda Section 1.08 Consent Agenda Section 1.08.01 Voting on Consent Agenda Section 1.08.02 Non-agenda Items Section 1.09.01 Voting Section 1.09.02 Roll Call Vote Section 1.09.03 Voting “en gross” Section 1.09.04 Discussion Following Vote Section 1.09.05 Tie Votes Section 1.10 Public Participation in Commission Meetings Section 1.11 Appointments by the Commission Section 2.00 Decorum of Debate Section 2.01 Adherence to Agenda Section 2.02 Discussion of the Issue Section 2.03 Call to Order, Remarks Section 2.04 Discussion Through the Chair Section 2.05 Disruptions Section 2.06 Call to Order, Action Section 2.07 Call “Out of Order” Section 3.00 Procedure in Meetings Section 3.01 Motions Section 3.01.01 Motions in General Section 3.01.02 Divide the Motion Section 3.01.03 Discuss by Paragraphs Section 3.01.04 Withdrawal of Motion Section 3.01.05 Considered en Gross Section 3.01.06 “Filling in the Blank” Section 3.02 Main Motions Section 3.03 Ranking of Motions Section 3.04 Subsidiary Motions Section 3.01.01 Postpone Indefinitely Section 3.04.02 Amend Section 3.04.03 Refer to a Committee Section 3.04.04 Postpone to a time Certain Section 3.04.05 Limit or Extend Limits of Debate Section 3.04.06 Vote Immediately Section 3.04.07 Lay on the Table Section 3.05 Privileged Motions Section 3.05.01 Question of Privilege Section 3.05.02 Recess Section 3.05.03 Adjourn Section 3.06 Incidental Motions Section 3.06.01 Appeal Section 3.06.02 Parliamentary Inquiry Section 3.06.03 Point of Order Section 3.06.04 Point of Information Section 3.07 Supplementary Main Motions Section 3.07.01 Reconsider Section 3.07.02 Rescind Section 3.07.03 Resume Consideration Section 4.00 Actions of the Commission Section 4.01 Ordinances and Resolutions Section 4.02 Signing, Authentication, and Records Section 4.03 Publication of Ordinances, Notices, etc. Section 5.00 Parliamentarian Section 6.00 Parliamentary Authority Section 7.00 Amendments APPENDIX Parliamentary Definitions OPERATIONAL PROCEDURE 1.01 MEETING-Time and place; committees. 1.01.01 Except for the months of April and July, Regular Commission meetings shall be held on the first and third Tuesday of each month at 2:00 p.m. in the Commission Chambers on the second floor of the Municipal Building. Except as otherwise provided by law, all meetings of the Commission shall be public meetings. 1.01.01(a) The first meeting in April of each year shall be held on the last week of the preceding March. 1.01.01(b) The first meeting in July of each year shall be held on the last week of the preceding June. 1.01.02 Regular Commission meetings for Executive Session matters and matters requiring urgent approval shall be held on the second and last Tuesday of every month at 11:00 a.m. in the Commission Chambers on the second floor of the Municipal Building. 1.01.02(a) Executive Session meetings shall be conducted in accordance with the Georgia Open Meetings Act. 1.01.03 Except for the months of April and July, all regular committee meetings shall be held on the second and last Tuesday of every month in the Lee N. Beard Commission Chamber beginning at 1:00 p.m. with the Public Services Committee starting first every time followed by an alphabetic rotation of the following committees Administrative Services, Engineering Services, Finance, Public Safety on a two-month rotation cycle. 1.01.03(a) The last committee meetings in March of each year shall be cancelled and all items on such committees shall be forwarded to the last Commission meeting in March. 1.01.03(b) The last committee meetings in June of each year shall be cancelled and all items on such committees shall be forwarded to the last Commission meeting in June. 1.01.04 Other called meetings of the Commission and Committees and the subject, dates and time of these meetings may be scheduled as needed and notification of such meetings shall be provided to the public in advance as required by law. 1.01.05 If there is a necessity to change the time and date of the regular meeting of the Commission or Committees or of any specially called meetings or any executive session meeting, this shall be done by request of the Mayor or a majority of the members of the Commission, provided a majority of the Commissioners can attend the meeting which shall be held on a different day. Notice of the time and date change shall be provided to the Mayor and Commission. 1.01.06 The Commission may hold such additional meetings as shall be deemed necessary when called by the Mayor or a majority of the members of the Commission, provided all members shall have been notified at least twenty-four (24) hours in advance of the special meeting. Provided, further, that a majority of the Commission may convene the same in extraordinary session for emergency business, such a natural disaster or civic disturbance, whenever in their judgment it may be necessary. 1.01.07 An adjourned meeting is a continuation of the meeting immediately preceding, whether a regular or special meeting. 1.01.07(a) If a scheduled meeting of the Commission is not completed due to time constraints or emergency, the meeting shall be adjourned to the following day or to a specific day scheduled by the Commission to allow for the completion of pending business. 1.01.07(b) In an adjourned meeting (regular or special), only business which would have been proper to consider at the immediately preceding meeting may be considered and acted upon at the adjourned meeting. 1.01.07(c) Adjourned meetings resume business under the same rules, limitations and rights as the immediately preceding meeting. 1.01.08Any action taken at any committee meeting (other than to postpone the agenda item to the next, or a future, committee meeting) shall be placed on the agenda of the regular meeting, regular called meeting, or special meeting of the full Commission for approval of the action of the committee. In the event there is no quorum at a committee, all such items on such agenda shall be placed on the agenda of the next regular meeting of the full Commission. 1.02 QUORUM 1.02.01 Seven (7) members of the Commission shall constitute a quorum for any meeting of the Augusta, Georgia Commission. 1.02.02 If a quorum is not present thirty (30) minutes following the scheduled hour for convening the meeting, the Chairman-Mayor or the Vice Chairman-Mayor Pro Tempore, or in their absence, the Administrator (or his/her designee), may adjourn the meeting until the next day. By unanimous consent of those Commissioners present, the meeting may be adjourned to another hour and day. 1.02.03 If during the meeting there ceases to be a quorum, all business must stop except that the Commission, by majority vote to be recorded in the minutes (naming those present at the time of the vote) may: l.02.03(a) fix another day at which to reconvene; l.02.03(b) adjourn and return at the next regular meeting; l.02.03(c) recess to determine if a quorum will be present within a short period of time. 1.03 Chairman-Mayor. 1.03.01 The Chairman-Mayor shall have the rights and privileges of the other Commissioners with respect to debate, but shall have the right (but is not obliged) to vote on any matter (excluding appointment of any Commissioner to a committee and excluding voting as a member of any Committee as provided in the Consolidation Act) only to break a tie or to create a tie. Additionally, his/her duties during meetings shall include: 1.03.01(a) presiding over meetings of the Commission; 1.03.01(b) calling the meeting to order at the scheduled hour; 1.03.01(c) determining that a quorum is present; 1.03.01(d) preserving decorum and order at all meetings, 1.03.01(e) making the Commissioners aware of the substance of each motion; 1.03.01(f) calling for each vote; 1.03.01(g) announcing the results of each vote; 1.03.01(h) calling for a recess at such times as deemed advisable. 1.03.02 The Chairman-Mayor shall exercise such other duties as prescribed in Consolidation Act or by ordinance. 1.04 Vice Chairman-Mayor Pro Tempore. A Vice Chairman-Mayor Pro Tempore shall be elected from among the district Commissioners at the first regular meeting in January of each odd- numbered year as provided in the Consolidation Act. The Vice Chairman-Mayor Pro Tempore shall serve for a period of two years and shall have all rights, privileges and duties of the chair in the absence of the chair (excluding the right to vote to create or break a tie), and in addition shall have the right to make motions and vote on any issue, including matters coming before any Committee of which he is a member. The Vice Chairman-Mayor Pro Tempore may succeed himself/herself, subject to the two consecutive term limitation contained in the Consolidation Act. 1.05 Absence of Chairman-Mayor and Vice Chairman-Mayor Pro Tempore. In the absence of the Chairman-Mayor and Vice Chairman-Mayor Pro Tempore, the Administrator shall determine whether a quorum is present. If a quorum is present, the Administrator shall call for the election of a temporary chair. The temporary chair shall preside over that meeting or until the conclusion of the business immediately pending at the time the Chairman-Mayor or Vice Chairman-Mayor Pro Tempore arrives. 1.06 Minutes. 1.06.01 All actions of the Commission, except for actions described in O.C.G.A. § 50-14- 3 and § 50-14-4, (or as these sections may be amended from time to time), shall be accurately recorded by the Clerk (or his/her designee) in the minutes which minutes shall include: 1.06.01(a) all main motions, exactly as worded when adopted (including amendments or stipulations); 1.06.01(b) the name of the maker of all important motions; 1.06.01(c) disposition of all main motions, Whether 1.06.01(c)(l) adopted; l.06.01(c)(2) defeated; l.06.01(c)(3) referred to committee or to staff for further information or recommendations; l.06.01(c)(4) held until a definite time; l.06.01(c)(5) the vote of each Commissioner; and l.06.0l(c)(6) comments of Commissioners verbatim. 1.06.02 The minutes of meetings of the Commission shall, at a minimum, briefly describe all statements made and shall record the actions taken by the Commission. Any statement shall be recorded in full at the request of a member of the Commission. A member of the Commission may incorporate an additional statement when the minutes are read. The minutes shall be read before they are approved as soon as is possible or feasible but in no case later than the next regular meeting of the Commission. 1.06.03 The responsibility for correcting and approving the minutes shall be vested only in the members of the Commission. The minutes of each meeting shall indicate their subsequent approval/ correction. The minutes may be corrected whenever an error is noticed upon approval of the Commission regardless of the time which has elapsed since recording of the minutes. 1.06.04 The minutes shall be attested to by the Clerk or his/her designee. 1.07 Regular Agenda. 1.07.01 All agenda items shall include all supporting documentation and such shall be submitted to the Clerk for inclusion on the agenda for all meetings of the Commission. 1.07.02 Subject to the limitation of Rule 1.07.08, the Administrator, any elected official and any member of the Commission shall have the right to have an item placed on the regular agenda of the Commission provided said item is submitted to the Clerk of Commission no later than 9:00 a.m. on the Thursday prior to the Tuesday of the regular Commission meeting or any regular Committee meeting. An item may be added to the regular agenda after the 9:00 a.m. Thursday deadline with the unanimous consent of the commission members in attendance. Unanimous consent of the committee members present shall be required to add and item to a committee agenda after the 9:00 a.m. Thursday deadline. 1.07.03 The Clerk shall be responsible for assembling the agenda and distributing it to all Commissioners no later than Friday in advance of the scheduled meeting. 1.07.04 An item may be removed from the agenda after 9:00 a.m. on the Thursday prior to the Tuesday of the regular Commission meeting with unanimous approval of the members of the Commission attending the regular meeting. 1.07.05 An item may be removed from the agenda prior to 9:00 a.m. on the Thursday prior to the Tuesday of the regular Commission meeting upon the request of the individual who was responsible for placing the item on the agenda. 1.07.06 No item pertaining to alcoholic beverage application shall be placed on the agenda within one (1) year from the date of the denial of the application by the Commission. 1.07.07 No item pertaining to zoning shall be placed on the agenda for the same zoning classification within one (1) year from the date of the denial of the application by the Commission. 1.07.08 If an item has appeared on the Commission Agenda and been defeated, or if no action is taken on an item, it shall not be considered again by the Commission until it has been discussed at the committee level. 1.08 Consent Agenda. 1.08.01 All items contained in the consent agenda may be voted on en gross. Prior to the vote on the consent agenda, any Commissioner may withdraw an item from the consent agenda so that it shall be voted on individually. 1.08.02 A non-agenda item shall be defined as that which is deemed by a Commissioner to require urgent attention, but which has not been placed on the published agenda. 1.08.02(a) If a Commissioner requests that a non-agenda item be added to the consent agenda, he/she must provide the specific item, and the reasons immediate attention is required, to the Commission. 1.08.02(b) The unanimous consent of the Commissioners present at the meeting shall be required to add an item to the consent agenda. 1.09 Voting. 1.09.01 All votes shall be taken by raised hand, except those which the chair handles through unanimous consent (i.e., "If there are no objections ... "), and unless there is a request for a roll-call vote. A single objection will require that a counted vote be taken. An affirmative vote of at least six (6) members of the Commission shall be required to adopt a motion, except where otherwise indicated. 1.09.02 Any Commissioner shall have the right to request a roll call vote on any issue, in which event the chair shall direct the Clerk to call the roll in alphabetical order, except that the Chairman-Mayor's name shall be called last and only when his vote will create or break a tie. As each Commissioner's name is called, such Commissioner shall vote either "yes" or "no" to the question presented. To verify the vote and to correct possible errors, the Clerk repeats the vote after each member responds to his name. At the conclusion of the roll call, the Chairman-Mayor can ask if anyone entered the room after his name was called. Changes of the vote are also permitted before the result is announced. 1.09.03 When an entire agenda "tab" has been moved to be voted upon by an en gross vote (see Section 3.01.05 herein), a Commissioner may, without discussion state that he/she is voting in the affirmative on all of the agenda items on that "tab" except certain ones which he/she will name by number. In such cases, the votes of the Commissioner(s) will be recorded as negative for the items named, unless the Commissioner abstains as provided in Section 1.09.06. 1.09.04 If a motion has been voted on without discussion and a Commissioner feels that it is necessary to explain his/her vote, he/she may have no more than one minute to give public reasons for his/her vote. The chair will not allow the Commissioner to repeat discussion that has already taken place at the same meeting, however. 1.09.05 A tie vote shall cause all procedural motions to be defeated. A tie vote on a main motion shall keep the motion as pending before the Commission and the motion shall be rescheduled for another time; Provided, however, the Chairman-Mayor shall have the right to vote to create or break a tie. 1.10 Public Participation in Commission Meetings. 1.10.01 Persons wishing to address the Commission shall do so during the Public Comment portion of the agenda. 1.10.02 Subject to the limitations provided for herein, speakers will be allowed to appear before the Commission at the public comment session prior to the regular agenda with each speaker allotted a maximum of five (5) minutes for their presentation. 1.10.02(a) Persons seeking to complain about the performance or lack thereof of an employee of Augusta, Georgia shall submit such requests to the Administrator for resolution. Such requests for public comment will not be heard by the Commission or any committee. 1.10.02(b) Persons or businesses seeking to do business with Augusta, Georgia shall submit such requests to the Administrator for consideration in accordance with the requirements of the Procurement Code. Requests to make presentations for products or services will not be heard by the Commission or any committee except as permitted by the Procurement Code. 1.10.03 Each speaker must submit a request in writing, including his/her address, which will state the topic of discussion, to the Clerk's office no later than 9:00 a.m. on the Thursday preceding the next regularly scheduled Commission. l.10.04 An extension of the five (5) minute limit per person may be granted upon the affirmative vote of six (6) members of the Commission. 1.10.05 If deemed advisable by the Chairman- Mayor, a written response to a speaker may be provided by the appropriate County staff within thirty (30) days. The Commission may respond verbally at the completion of any speaker's presentation. 1.10.06 After each individual speaker's remarks have concluded, the Chairman Mayor may, but shall not be required to, briefly respond, either personally or through another member of the Commission whom the Chairman-Mayor shall designate. In addition, when a request for special action or a grievance has been heard the matter will be referred to the Administrator (or his/her designee) who will prepare a response to the matter. If necessary, action on the matter for consideration of the Commission will be placed on the agenda for the second regular meeting following the date of the comment. 1.10.07 No speaker will be allowed to return on public comment on the same issue within a period of ninety (90) days; however a speaker may return on another issue following the policy and procedure. 1.10.08 All speakers, other than salaried members of the Augusta, Georgia staff, shall address the Commission in the following manner: l.10.08(a) Stating name and address (address is required only if individual has not previously provided address to Clerk). l.10.08(b) Stating whether he/she is speaking for himself/herself or for another; l.10.08(c) Stating if he/she represents an organization and whether he/she is being compensated by the organization for whom he/she speaks; l.10.08(d) Stating whether he/she or any member of his/her immediate family has a personal interest in the pending matter. l.10.08(e) Stating his/her comments. 1.10.09 All remarks shall be to the Commission as a body and addressed through the chair. Remarks shall not be made to a particular Commissioner. 1.10.10 Questions from Commissioners, the Administrator, and/or the Augusta Richmond County Attorney may be made for clarification. However, no person shall be permitted to enter into any discussion, either directly or through a member of the Commission, without permission of the chair. 1.10.11 All remarks must be related to the issue on which the speaker has requested to be heard. No person shall be allowed to make impertinent, derogatory, offensive or slanderous remarks while addressing the Commission. 1.10.11(a) A person may be barred from further speaking before the Commission in that meeting if his/her conduct is deemed "out of order"; 1.10.11(b) Once barred for improper conduct, a speaker shall not be permitted to continue or again address the Commission in that meeting unless a majority vote of the Commission allows; 1.10.11(c) In the event a speaker who is barred fails for improper conduct to obey the ruling, the chair may take such action as is deemed appropriate, including the removal of such person from the assembly; 1.10.11l(d) The Commission may bar a person from addressing Commission meetings for up to sixty (60) days for improper conduct. A person barred by the Commission for this period may request a hearing by written request to the chair, which request shall state the reason(s) for a reversal of the decision. All requests for hearings shall be placed on the agenda and heard by the Commission. An affirmative vote of six (6) members of the Commission shall be required to overturn the previous decision to bar the persons. 1.10.11(e) If not otherwise recognized by the Chair, upon motion and the affirmative vote of six (6) members of the Commission, the Commission may allow public comment on an agenda item at the time the item is being considered by the Commission. These comments must be limited to the subject that is being debated. Members of the public may speak for five minutes and may only speak once. These limits can be waived by the affirmative vote of six (6) members of the Commission. 1.10.11(f) The Commission may schedule public hearings for the purpose of soliciting public comment on any subject of interest to the Commission. Hearings may be held immediately prior to or following a meeting of the Commission or at such other places and times as the Commission may determine. No official action shall be taken at any such public hearing. 1.11 Appointments by the Commission. 1.11.01 Appointments shall be made as necessary. When it is has been determined, by the Consolidation Act or other rule or manner, that it is the "right" or "turn" of a particular Commissioner to nominate a candidate for a position, such nominee must be elected by a majority of the Commission. If any nominee, however nominated, fails to receive a majority vote, alternate candidate(s) may be nominated until the position is filled by majority vote. 1.11.02 Any appointment to fill an expired or a new term on any board or commission, which appointment is made by the Commission, shall not have less than six (6) votes of approval. 2.00 Decorum of Debate. The following practices shall be followed in debate on motions and matters presented to the Commission. 2.01 Adherence to Agenda. 2.01.01 In discussion, the remarks made by the Commissioners shall be confined to the motion or matters immediately before the Commission. 2.01.02 All Commissioners must conduct themselves in a professional and respectful manner. All remarks should be directed to the Chairman-Mayor and not to individual Commissioners, staff or citizens in attendance. Personal remarks are inappropriate. A Commissioner may not speak at a meeting until he or she has been recognized by the Chairman-Mayor unless speaking to make a motion. Any voting member (i.e., Commissioner) can make a motion at any point without needing recognition by the chair. All comments made by a Commissioner shall address the motion that is being discussed. 2.01.03 During these remarks a Commissioner must observe the same rules of decorum as those set forth in Section 2.02 below, and may be called to order by the Chairman-Mayor or another Commissioner if there is a breach of those rules. 2.01.04 A Commissioner may not interrogate another Commissioner, staff or citizens. No one shall attempt to enter into discussion with a Commissioner who has chosen to avail himself/herself of this opportunity to share his/her opinions with the public. 2.02 Discussion of the Issue. In discussion, a Commissioner may condemn the nature of likely consequences of the proposed measure in strong terms, but must avoid a discussion of personalities, and under no circumstances may he/she attack or question the motives of another Commissioner or staff. The issue, and not a person, shall be the item under discussion. Any Commissioner wishing to discuss an issue shall be allowed to do so; however, discussion of any particular issue by any particular Commissioner shall be limited to two (2) minutes of discussion and one (1) minute of rebuttal, unless debate is extended by the chair or by motion as provided in Section 3.04.05 hereof. 2.03 Call to Order, Remarks. The chair shall immediately call as "out of order" any remarks made outside the issue being addressed. Additionally, another Commissioner may call this breach of procedure to the attention of the chair and other Commissioners. In either case, the speaking Commissioner shall be required to continue with his/her remarks confined to the issue. 2.04 Discussion Through the Chair. All discussion shall be made through the chair, and one Commissioner may not interrogate another Commissioner or person speaking from the public except through the chair (or with the permission of the chair). 2.05 Disruptions. During discussion or voting, no Commissioner shall disturb the other Commissioners in any way that may be considered disruptive to the proceedings or that may hamper the transaction of business by the Commission. 2.06 Call to Order, Action. The chair may rule as "out of order" any action deemed inappropriate or dilatory and may interrupt a speaker for reasons deemed necessary by the chair. The Chairman- Mayor shall say, "Commissioner/speaker, those remarks are out of order. Please cease this line of comment and make appropriate comment to the issue. 2.07 Call of "Out Of Order". 2.07.01 If a member of the Commission refuses to comply with these Rules of Procedure the following procedure shall be used: 2.07.0l(a) The Commissioner shall be "called to order" by the chair, who shall say, "Commissioner ______ [using name], you are now out of order. If you persist a reprimand will be entered into the record." 2.07.0l(b) If a Commissioner defies the ruling of the chair, the Chairman Mayor shall state, "Commissioner, you are personally out of order. Let the record indicate a reprimand against Commissioner ____________Commissioner ____________, you have a right at this time to appeal the ruling of the chair by asking that a roll call vote of the Commissioners present be taken and a statement by each Commissioner be recorded as to why he/she is for or against the ruling of the chair. A majority vote of the members of the Commission present shall govern." 3.00 Procedure in Meetings. 3.01 Motions. 3.01.01 In order for the Commission to take any official action on any subject, a Commissioner must propose a Main Motion or there must be a Recommended Main Motion, as provided in Section 3.01.02(a). A proposed Main Motion must be seconded before there will be discussion on the motion. A second does not require the Commissioner seconding the motion to support the motion. A Commissioner may withdraw a Main Motion that he has made as provided in Section 3.01.04 hereof, at any time before the Commission has voted on that motion. Prior to taking a vote, the chair shall state the motion (or resolution) or its substance, or he/she may call upon the Clerk or secretary to do so. 3.01.02 If the motion presented contains two (2) or more parts capable of standing as separate motions, a Commissioner may move to "Divide the Motion." This motion shall require a second and discussion shall be allowed only on why it should or should not be divided. A majority vote shall be required to adopt the motion to "divide the motion." 3.01.03 If a main motion is in the form of a resolution or document containing several paragraphs or sections which are not separate motions but could be discussed more efficiently if discussed in sections, a motion to Discuss by Paragraphs, Sections, or Numbered Agenda Items under a "tab," may be made. A second shall be required and discussion shall be brief as to the necessity for the action. A majority vote shall be required to "consider by paragraphs, sections, or numbered agenda items under a 'tab'." 3.01.04 Once a motion has been moved and seconded, it belongs to the entire Commission and not to the maker of the motion; therefore, if a Commissioner wishes to Withdraw a motion that is officially before the Commission, action of the Commission must be taken in either of the following ways: 3.0l.04(a) The chair may ask the Commission if there are any objections to the motion being withdrawn. If there are no objections, the motion shall be withdrawn by unanimous consent, without the need for the seconder to withdraw his/her second; 3.0l.04(b) If there is an objection to the motion being withdrawn, then the chair shall take an official vote on the "motion to withdraw the motion", a second being required. A majority vote shall be required to adopt the motion to "withdraw the motion." 3.01.05 If a Commissioner feels that time could be saved by acting on all of the agenda items under a "tab," he/she may move that it be "Considered en Gross." (See Section 1.08.02.) 3.01.06 When several alternatives need to be considered (such as staff recommendations that propose various options for the Commission to consider), unlimited choices may be considered by "Filling the Blank" in the motion: 3.0l.06(a) No Commissioner may suggest more than one proposal for filling the blank without unanimous consent from the other Commissioners; 3.01.06(b) Each proposal shall be debatable and shall be treated as an independent item to be voted on separately until one has been approved by a majority. As soon as one proposal has received a majority, no others shall be considered; 3.0l.06(c)Alternatives (from staff recommendations and/or suggestions by Commissioners) are listed in logical order for voting: 3.0l.06(c)(l) Names are listed in the order in which they were proposed, 3.0l.06(c)(2) Other proposals are listed in the order of their probable acceptability, beginning with the least popular choice. 3.02 Main Motions. 3.02.01 A main motion is a motion whose introduction brings business before the Commission. 3.02.0l(a) Recommended Main Motions- A recommendation from staff, or another item published in the agenda for action, shall be handled as an Recommended Main Motion by the chair. That is, the chair shall, upon the conclusion of a report, state, "The question (or motion) before you is ... " (stating the motion in the affirmative). No second will be required in these instances and the chair, in assuming such motion, is not presumed to be in favor of the motion and may speak against it if he/she so wishes. 3.03 Ranking of Motions. 3.03.01 Each subsidiary and privileged motion is assigned a specific rank. A motion of higher precedence can interrupt motion of lower precedence. The higher motion must be decided before the Commission returns to consider the motion of lower precedence. 3.03.02 A main motion has the lowest rank and does not take precedence over any other motion. A motion to adjourn has the highest rank and will take precedence over all other subsidiary and privileged motions. The order of precedence of motions shall be in accordance with this Section. Motions at the top of the following list take precedence over motions at the bottom of the list. HIGHEST RANK: PRIVILEGED MOTIONS (Undebatable) 1. Adjourn 2. Recess 3. Question of Privilege SUBSIDIARY MOTIONS (Undebatable) 4. Lay on the Table (Postpone Temporarily) 5. Vote Immediately (Previous Question) 6. Limit Debate or Extend SUBSIDIARY MOTIONS (Debatable) 7. Postpone to a Time Certain (Postpone Definitely) 8. Refer to Committee (Commit) 9. Amend 10. Postpone Indefinitely OTHER MOTIONS LOWEST RANK- 11. Main Motion 3.04 Subsidiary Motions. During the course of debate, Commissioners may introduce motions that propose that the Commission take a particular action on a main motion. These motions are called subsidiary motions and they allow the Commission to reach a conclusion on the main motion. Subsidiary motions require a second before they can be voted on or debated. Three subsidiary motion, Amend, Limit Debate, and Vote Immediately, also can apply to other subsidiary motions. 3.04.01 Postpone indefinitely. If a Commissioner believes that the main motion should not be considered by the Commission, that Commissioner may move to postpone the consideration of the main motion indefinitely. If the motion is successful, consideration of the main motion stops and the main motion is tabled for the duration of the meeting. A motion to postpone indefinitely can be debated, but it can be amended. A majority vote of the Commission is required for the motion to pass. 3.04.02 Amend. If a Commissioner believes that a main motion that is on the table should be changed in order to make it more acceptable, he can move to amend the motion. Amendments must be closely related to the original motion and must not change the nature of the motion that they amend. Motions to refer, amend, postpone to a time certain and the motion to recess can also be amended. A motion cannot be amended more than two times. Debate is allowed on a motion to amend only if the original motion is debatable. Debate is limited to the proposed amendment. A majority vote is required for the Commission to adopt an amendment. If the amendment is adopted then the Commission shall consider the amended version of the motion. Concerning the amending of particular motions: 3.04.02(a) If a Commissioner feels that the main motion might be more acceptable stated other than as presented, the Commissioner may amend through substitution, insertion of stipulations, striking out portions, or striking out and inserting portions. A substitute motion shall be treated as a motion to amend. Such proposed amendments shall be handled in one of the following ways: 3.04.02(a)(l) by unanimous consent of the Commissioners; the chair, or another Commissioner, through the chair, may suggest changes or stipulations, and if there are no objections from the Commissioners, the motion shall be amended by unanimous consent. 3.04.02(a)(2) with a second, discussion and a majority vote on the proposed amendment. 3.04.02(b) If a proposed amendment fails to obtain unanimous consent or a majority vote, the main motion considered shall be the one originally presented. 3.04.02(c) An amendment must be germane (relating to the substance of the main motion) and may not introduce an independent question. 3.04.02(d) Improper amendments shall be: 3.04.02(d)(l) one(s) which are not germane, 3.04.02(d)(2) one(s) which would make the adoption of the amended motion equivalent to a rejection of the motion; 3.04.02(d)(3) one(s) which are, in the opinion of the Chairman Mayor, frivolous or absurd. 3.04.03 Refer to A Committee (Commit). If a Commissioner believes that further information is needed before the Commission can act on a main motion, he may propose that the motion be referred to a specific committee or department for further study. If an appropriate committee does not already exist, then a committee may be formed as a part of the motion. A motion to commit should specify the date that the committee or department will report back to the Commission. A motion to refer shall require a second and shall be debatable only as to whether or not it shall be referred, to whom it shall be referred, or when the person to whom it is referred shall report back. If the motion fails, the motion to be considered shall be that motion which was on the floor prior to the motion to refer. This motion is amendable. A majority vote is required for the motion to pass. 3.04.04 Postpone to a Time Certain (Postpone Definitely). A motion to postpone to a certain time may be proposed if a Commissioner believes that the main motion should not be considered until a future time. This motion shall set a particular time for the main motion to be considered again. It is debatable and can be amended. A motion to hold to a time certain shall require a second and discussion shall be limited to the reason for holding the motion or the time to which it is to be held. If the motion fails, the motion to be considered shall be that motion which was on the floor prior to the motion to hold to a time certain. If this motion is passed, the Chairman-Mayor will bring the original motion back to the Commission for consideration at the specified time which may be at the same meeting, at a subsequent meeting, or upon the occurrence of a specified event. A majority vote of the Commission is required for the motion to pass. 3.04.05 Limit or Extend Limits of Debate. A motion to limit debate places a time constraint on the length of debate. The details of such a motion are to be decided by the Commissioner who makes the motion. This motion can also be used to extend the limits of debate if a limit on debate already exists. Debate is not allowed on this motion. A majority vote of the Commission is required for the motion to pass. 3.04.06 Vote Immediately (Call The Question). A Commissioner may move to "call the question" (i.e., move to end discussion) when it is clear that further discussion is unnecessary or that discussion is becoming repetitive. This motion shall not require a second and no discussion on the motion shall be allowed. If there is no objection, then it will be presumed there is unanimous consent. Should there be an objection, an affirmative vote of a majority of the Commission shall be required. 3.04.07 Lay on the Table (Postpone Temporarily). A motion to lay on the table proposes that the consideration of a main motion be postponed until a later time in the same meeting. The main motion can be brought back for consideration only if a motion to Resume Consideration is accepted by the Commission during the same meeting. The motion will die if it is not taken up during the meeting. Debate is not allowed on this motion and the motion is not amendable. A majority vote of the Commission is required for the motion to pass. 3.05 Privileged Motions. Privileged motions facilitate the running of the meeting. They do not address or relate to a main motion and can be introduced whether or not there is a main motion under consideration. Privileged motions take precedence over all subsidiary motions. Debate is not allowed on these motions. 3.05.01 Question of Privilege. A formal question addressed to the chair concerning the rights of a Commissioner or of the Commission as a whole is referred to a question of privilege. It does not require a second and cannot be debated or amended. The chair is required to make a ruling on the question, and no vote is required unless a motion arises out of the privilege. 3.05.0l(a) If any matters occur which impede the Commission's completion of its business (e.g., noise, mechanical difficulties with equipment, matters that affect the safety, orderliness, or comfort of the Commissioners, or affecting the honor of an individual Commissioner) any Commissioner may state to the Chairman Mayor that he/she has a question of privilege and the matter must be addressed before the pending business of the Commission continues. 3.05.02 Recess. A motion to recess proposes that the meeting be suspended for a particular amount of time when business is still pending. It is a temporary intermission of the proceedings. A recess may be taken as it appears on the agenda or as it is declared by the chair when he/she deems it advisable or by a motion from a Commissioner. The motion must specify the length of the recess. The motion must also be seconded. Debate is not allowed on this motion, but the motion can be amended. A majority vote is required for the motion to pass. 3.05.03 Adjourn. The highest ranking motion shall be the motion to adjourn, requiring a second and a majority vote with no discussion allowed, except that the motion shall contain a time to hear any non-completed items on the agenda, if such exist. If all business on the agenda has been completed, the chair may assume the motion and, without a second, obtain unanimous consent to adjourn. 3.06 Incidental Motions. Incidental motions allow Commissioners to exert their rights as a member of the Commission. Incidental motions can be introduced at any time during a meeting. 3.06.01 Appeal. Whenever a Commissioner believes that the chair is mistaken in a ruling, a Commissioner may Appeal the Chair's Decision. An appeal shall require a second and shall be debatable with the chair speaking first to explain his/her ruling. The chair may also close out the debate with a statement defending the ruling. An appeal may be made only on a ruling and may not be made: 3.06.01(a) in response to a parliamentary inquiry or point of information; or 3.06.01(b) in areas that challenge verifiable rulings of a factual nature. 3.06.01(c) The chair shall state the motion as Shall the Chair's decision be sustained? A tie vote shall sustain the chair, because a majority vote of the Commission shall be required to overturn the chair's ruling. An Appeal is high in precedence and can only be interrupted by a privileged motion or by a motion to lay on the table. 3.06.02 Parliamentary Inquiry. A Parliamentary Inquiry is a question directed to the chair to obtain information on a matter of parliamentary law or the rules of the Commission. This question should take the form of a parliamentary inquiry and should relate to the current business of the Commission. The chair will answer such questions or may ask the Augusta, Georgia Attorney or parliamentarian for an opinion. The chair's reply, whether or not he/she has requested advice from the Augusta Richmond County Attorney or parliamentarian, is an opinion, not a ruling. If a Commissioner does not agree with the chair's opinions he/she may act in a way contrary to this opinion and if ruled out of order may then appeal the chair's ruling. The chair is not obligated to respond to hypothetical questions. 3.06.03 Point of Order (Question of Order). If a Commissioner believes that a violation of the rules of parliamentary procedure has occurred, he can raise a point of order. A second is not required. The chair can make a ruling on the question or can allow the Commission to debate and then rule on the question by majority vote. A point of order can only be interrupted by a privileged motion or by a motion to lay on the table. 3.06.04 Point of Information (Request for Information). If a Commissioner has a question about the facts of a particular issue that is being considered, he may ask a point of information. A Point of Information is a request, directed to or through the chair, for information relevant to the business at hand, but not related to parliamentary procedure. This motion is addressed first to the appropriate person. A second is not required, and the motion is not debatable or amendable. 3.07 Supplementary Main Motions. Three motions allow the Commission to act on a main motion that has either been passed or tabled by the Commission. These motions are considered to be main motions but differ from usual main motions in the ways specified. 3.07.01 Reconsider. The motion to reconsider allows the Commission to debate whether or not to overturn a decision made at the meeting that is in progress. It allows the Commission to consider new information that may affect the decision that has already been made. Any Commissioner can make a motion to reconsider and any Commissioner may second the motion. The motion is debatable, but it cannot be amended. A majority vote of the Commission is required for the motion to pass. If a motion to reconsider is passed, the original decision will be voided, and the Commission will return to debate and revote the original motion. 3.07.02 Rescind. A motion to rescind proposes that the Commission overturn a motion passed at a previous meeting. A motion to rescind can be made by any Commissioner. It is in order as long as the original motion has not been implemented, but the motion to rescind shall not be in order if: 3.07.02(a) the motion to rescind is made, at the same meeting in which the action was taken; 3.07.02(b) a motion to reconsider was taken and lost; 3.07.02(c) the matter is routine and only part of the action needs to be changed, in which case the motion to "amend a previously adopted action" shall be used; 3.07.02(d) something has been done as a result of the vote to implement the earlier action adopted. An announcement of the intention to rescind a motion may be made at the meeting where the decision was made, or the Commissioner seeking to rescind may place the matter on the agenda for the next meeting. The motion to rescind will then be placed on the agenda for the next meeting. At the next meeting, the motion to rescind will formally be made. If it is seconded, then the Commission shall debate and vote on revision. A majority vote of the Commission is required for the motion to pass. If a motion to rescind is passed, the original decision will be voided. 3.07.03 Resume Consideration. The motion to resume consideration allows the Commission to consider a motion that has been temporarily postponed. This motion requires a second and is not debatable or amendable. It is a main motion but ranks higher than any debatable motion. A majority vote is required for the motion to pass. 4.00 Actions of the Commission. All communications to persons, firms or corporations affected by actions taken at a called or regular meeting of the Commission shall be made by the Administrator for Augusta, Georgia, informing them of the action taken. 4.01 Ordinances and Resolutions. 4.01.01 Every ordinance or resolution proposed for adoption by the Commission shall be introduced in writing and the caption of each ordinance shall be read previous to the adoption of the ordinance, unless some member of the Commission shall then and there demand that the entire ordinance be read. Upon such demand being made, the clerk shall read the entire ordinance. No ordinance or resolution shall pass which refers to more than one subject matter or contains matter different from that expressed in the title thereof, except ordinances or resolutions adopting the annual operating and capital budgets and general codification and revisions of ordinances and resolutions of the Commission. 4.01.02 Except for emergency ordinances under subsection 4.01.03 of this section or ordinances amending the Zoning Map for Augusta, Georgia, or upon a unanimous vote of the Commission, no ordinance shall be adopted until it has been read or presented in written form at two meetings held not less than one week apart. A resolution may be adopted at the same meeting at which it is introduced. The affirmative vote of at least six (6) members of the Commission shall be required for the adoption of any ordinance or resolution; Provided, however, a vote of two-thirds of the Commission, excluding the Chairman Mayor, shall be required to change any provision of the Consolidation Act as required by said Consolidation Act. The passage of all ordinances or resolutions shall require the recording of "ayes" and "nays" and the names of the members of the Commission voting for and against each proposed ordinance or resolution or amendment thereto shall be entered in the minutes of the proceedings of the Commission. 4.01.03 To meet a public emergency threatening life, health, property, or public peace, the Commission may adopt emergency ordinances or resolutions, but such ordinances or resolutions may not be enacted to levy taxes, or to grant, renew or extend a franchise, or to regulate the rate charged for any public utility or service, or to authorize the borrowing of money. An emergency ordinance or resolution shall be in the form prescribed for ordinances or resolutions generally, except that it shall be plainly designated as an emergency ordinance or resolution and shall contain a declaration stating what emergency exists. An emergency ordinance or resolution may be adopted with or without amendment or may be rejected at the meeting at which it is introduced, but the affirmative vote of at least six (6) members of the Commission shall be required for its adoption. It shall become effective upon adoption or at such later time as it may specify. 4.01.04 The caption of each ordinance shall be read once previous to the adoption of the ordinance. All readings of every ordinance shall be by reading the caption of such ordinance only, unless some member of the Commission shall then and there demand that the entire ordinance be read. Upon such demand being made, the clerk shall read the entire ordinance. 4.02 Signing, Authentication, and Recording. Every ordinance or resolution adopted by the Commission shall be submitted to the Chairman-Mayor for his/her signature as promptly as practicable following its adoption. The Clerk of the Commission shall authenticate by the Clerk's signature and cause to be recorded in full all ordinances and resolutions adopted by the Commission and signed by the Chairman Mayor or otherwise becoming law in a properly indexed book kept for such purpose which shall be a public record and open to public inspection. The Commission shall further provide for the periodic updating, revision, codification, and printing of all ordinances or resolutions of a general and permanent nature, together with such codes of technical regulations and other rules and regulations as the Commission may require. 4.03 Publication of Ordinances, Notices, etc. It shall be the duty of the Chairman-Mayor to have published in the official gazette or newspaper of Augusta, Georgia the ordinances of the Commission, the proclamations of the Chairman-Mayor and all other official notices of either the Commission or the Chairman-Mayor ordered to be published by them, respectively; also, such other matters as the Chairman-Mayor may deem advisable to publish. The ordinances of the Commission shall be published one time; all other matters shall be published such number of times as the Commission or the Chairman-Mayor may direct. The Chairman Mayor shall have published in such official gazette or newspaper only the captions of the ordinances of the Commission and shall not have the bodies of such ordinances published. 5.00 Parliamentarian. The Augusta, Georgia Attorney or his/her designee shall serve as parliamentarian and shall advise and assist the chair and the Commission in matters of parliamentary law. A professional parliamentarian may be consulted as deemed necessary. 6.00 Parliamentary Authority. The latest edition of ROBERT'S RULES OF ORDER NEWLY REVISED shall govern meetings of the Augusta, Georgia Commission in all areas in which it is applicable and in which it is not inconsistent with these rules adopted by the Commissioners, or with higher law. 7.00 Amendments. These Rules may be amended by a majority of the entire Commission at a regular meeting or special meeting of the Augusta Richmond County Commission, provided notice has been given of the amendment(s) at the meeting prior to the vote on the amendment(s). APPENDIX Parliamentary Definitions The following parliamentary definitions apply to the RULES OF PROCEDURE FOR THE Augusta, Georgia Commission adjourn - to officially terminate a meeting adjourned meeting - a meeting that is a continuation at a later time of a regular or special meeting adopt - to approve or pass by whatever vote is required for the motion affirmative vote - a vote in favor of the motion as stated agenda - the official list of items of business planned for consideration during the meeting approval of minutes - formal acceptance of the record at a meeting, thus making this record the official minutes of the Commission chair - the Chairman-Mayor or Vice Chairman- Mayor Pro Tempore Code of Conduct - The Richmond County Code of Conduct Commission - the Augusta, Georgia Commission Commissioner - any of the ten members serving on the Commission elected from the ten (10) districts established by the Consolidation Act Commission parliamentary rules- the body of rules and principles that is applied by the courts in deciding litigation involving the procedure of any organization does not include statutory law or particular rules adopted by any organization or Commission Consolidation Act - the Act consolidating the City Council of Augusta and Richmond County found in 1995 Ga. Laws p. 3648 convene - to open a meeting debate - formal discussion of a motion under the rules of parliamentary law and more often herein referred to as discussion defer or hold - to delay action by referring the motion to staff (or an agency, committee, etc.) for more information, or by postponing a vote to a certain time demand - an assertion of a parliamentary right by a Commissioner dilatory motions or tactics - misuse of procedures or motions that are out of order or would delay or prevent progress in a meeting floor - when a person receives formal recognition from the chair, he/she "has the floor" and is the only person entitled to speak germane amendment - an amendment relating directly to the motion to which it is applied germane discussion - discussion relating directly to the matter involved hearing - a meeting for the purpose of listening to the views of an individual or of a particular group on a particular subject in order - permissible and right from a parliamentary standpoint majority vote - an affirmation vote of at least six (6) Commissioners or the vote of five (5) Commissioners and the vote of the Chairman-Mayor in the event of a tie minutes - the legal record of the action of the Commission after the record has been approved by vote of the body motion - a proposal submitted to the Commission for its consideration and decision; it is introduced by the words, "I move that ... " objection - the formal expression of opposition to a proposed action order of business - the adopted order in which the business is presented to the meeting of the Commission out of order - not correct, from a parliamentary standpoint, at the particular time parliamentary authority - the code of procedure adopted by the Commission as its parliamentary guide, governing in all parliamentary situations not otherwise provided for in the Consolidation Act, the Code of Richmond County, the Code of the City of Augusta, or other governing Bodies pending motion - sometimes referred to as pending question; a motion that has been proposed and stated by the chair for the Commission's consideration and that is awaiting decision by vote precedence - the order or priority governing the motion precedent - a course of action that may serve as a guide or rule for future similar situation procedural motion - motion to assist the Commission in treating or disposing of a main motion; or, motion relating to the pending business otherwise at hand proposal or proposition - a statement of a motion of any kind for consideration and action O.C.G.A. - Official Code of Georgia Annotated quorum - the number of persons that must be present at a meeting of the Commission to enable it to act legally on business; seven (7) members of the Commission shall constitute a quorum for any meeting of the Augusta, Georgia Commission recognitions - acknowledgement by the chair, giving a person sole right to speak reconsider - to review again a matter previously disposed of and to vote on it again; must be made on the same day of business request - a statement to the chair asking a question or some "right" rescind - to nullify or cancel out a previous action, cannot be made if action has already been taken to implement the motion it wishes to rescind resolution - a formal motion, usually in writing, and introduced by the word "resolved" that is presented to the Commission for a decision ruling - the chair's decision as it relates to the procedure of the Commission second - a Commissioner's statement that he/she is willing to have the motion considered seriatim - consideration by sections or paragraphs statute - a law passed by the Georgia legislature technical inquiry - request for information relevant to the business at hand tie vote - a vote in which the affirmative and negative votes are equal on a motion unanimous consent - deciding on a motion without voting on it but where no Commissioner voices objection, with a single objection a vote must be taken unfinished business - any business that is postponed definitely to a time certain Note-The Rules of Procedure for the conduct of parliamentary business coming before the Augusta, Georgia Commission were first adopted by the Commission in 1996. Secs. 1-2-14-1-2-25. Reserved. Commission Meeting Agenda 10/1/2019 2:00 PM Amendment of Commission Meeting Procedures Department:Law Department:Law Caption:Motion to deny an amendment to the AUGUSTA, GA CODE Section 1-2-13 (Rules of Procedure), Section 2.01.02 to clarify that any voting member of the Commission is permitted to a make a motion at any point, without needing recognition by the Chair, during any public meeting of the Commission, to become effective upon approval. (Approved by the Administrative Services Committee September 24, 2019) Background:Currently, Augusta, GA Code Section 1-2-13 (Rules of Procedure), Section 2.01.02, establishes that “a Commissioner may not speak at a meeting until he has been recognized by the Chairman-Mayor.” At the Commission regular meeting held on September 3, 2019 the Augusta Commission passed a motion “to approved that any voting member of this body can make a motion at any point without being recognized by the Chair.” Attached is AN ORDINANCE TO AMEND AUGUSTA, GA CODE SECTION 1-2-13 (RULES OF PROCEDURE) TO ALLOW ANY VOTING MEMBER OF THE AUGUSTA COMMISSION TO MAKE A MOTION AT ANY POINT WITHOUT BEING RECOGNIZED BY THE CHAIR; AND FOR OTHER PURPOSES. Analysis:The Commission deems that every voting member of the Augusta Commission shall have the opportunity to make a motion, at any time, during a public meeting and such motions shall be governed by the Commission’s Rules of Procedure. Financial Impact:None Alternatives:None Recommendation:Approval of Motion. Funds are Available in the Following Accounts: None REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Request for Qualifications Request for Qualifications will be received at this office until Thursday, May 30, 2019 @ 3:00 p.m. for furnishings for: RFQ Item #19-231 Comprehensive Space Needs Plan – Augusta, GA – Central Services Department – Facilities Maintenance RFQs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFQ documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFQ documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. A Mandatory Pre Qualifications Conference will be held on Tuesday, May 14, 2019, @ 3:00 p.m. in the Procurement Department, 535 Telfair Street, Room 605, Augusta, Georgia 30901. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Thursday, May 16, 2019 @ 5:00 P.M. No RFQ will be accepted by fax, all must be received by mail or hand delivered. No RFQ may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder(s). Request for Qualifications (RFQ) and specifications. An RFQ shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for proposal including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFQ number on the outside of the envelope. Proponents are cautioned that acquisition of RFQ documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base their qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle April 18, 25, May 2, 9, 2019 Metro Courier April 18, 2019 OFFICIAL VENDORS Attachment "B" E-Verify Number SAVE Form Addendum 1 Original 7 Copies Studio 3 Design Group 1617 Walton Way Augusta, GA 30904 2KM Architects 529 Greene Street Augusta, GA 30901 Yes 312290 Yes Yes Yes Yes Johnson Laschober & Associates 1296 Broad Street Augusta, GA 30901 Yes 226309 Yes Yes Yes Yes Chris Booker & Associates 670 Broad Street Augusta, GA 30901 Yes 667907 Yes Yes Yes Yes Axis 1111 Cambridge Sq. Alpharetta, GA 30009 LS3P 321 W. Congress St. Savannah, GA 31401 Yes 177991 Yes Yes Yes Yes Pond/Flynn Finderup Architecture 1301 Gervais Street, Suite 1300 Columbia, SC 29201 Cooper Carry 191 Peachtree St., NE, Suite 2400 Atlanta, GA 30303 Yes 122329 Yes Yes Yes Yes Sizemore Group 342 Marietta Street Atlanta, GA 30313 Yes 211424 Yes Yes Yes Yes RFQ Opening RFQ Item #19-231 Comprehensive Space Needs Plan for the Augusta, GA – Central Services Department- Facilities Maintenance Division RFQ Due: Thursday, May 30, 2019 @ 3:00 p.m. Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): 3 Total Electronic Notifications (Demandstar): 280 Georgia Procurment Registry: 2138 Mandatory Pre Qualifications Conference Attendees: 11 Total packages submitted: 6 Total Noncompliant: 6 Page 1 of 2 OFFICIAL VENDORS Attachment "B" E-Verify Number SAVE Form Addendum 1 Original 7 Copies RFQ Opening RFQ Item #19-231 Comprehensive Space Needs Plan for the Augusta, GA – Central Services Department- Facilities Maintenance Division RFQ Due: Thursday, May 30, 2019 @ 3:00 p.m. Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): 3 Total Electronic Notifications (Demandstar): 280 Georgia Procurment Registry: 2138 Mandatory Pre Qualifications Conference Attendees: 11 Total packages submitted: 6 Total Noncompliant: 6 Veterans 1st Architecture 110-A N Louisville St. Harlem, GA 30814 Page 2 of 2 2KM Architects 529 Greene Street Augusta, GA 30901 Johnson Laschober & Associates 1296 Broad Street Augusta, GA 30901 Chris Booker & Associates 670 Broad Street Augusta, GA 30901 LS3P 321 W. Congress St. Savannah, GA 31401 Cooper Carry 191 Peachtree St., NE, Suite 2400 Atlanta, GA 30303 Sizemore Group 342 Marietta Street Atlanta, GA 30313 2KM Architects 529 Greene Street Augusta, GA 30901 Johnson Laschober & Associates 1296 Broad Street Augusta, GA 30901 Chris Booker & Associates 670 Broad Street Augusta, GA 30901 LS3P 321 W. Congress St. Savannah, GA 31401 Cooper Carry 191 Peachtree St., NE, Suite 2400 Atlanta, GA 30303 Sizemore Group 342 Marietta Street Atlanta, GA 30313 Evaluation Criteria Ranking Points 1. Completeness of Response • Package submitted by the deadline • Package is complete (includes requested information as required per this solicitation) • Attachment B is complete, signed and notarized N/A Pass/Fail PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS 2. Qualifications & Experience (0-5)20 3.8 3.8 3.8 4.8 4.8 5.0 76.7 76.7 76.7 95.3 96.0 100.0 3. Organization & Approach (0-5)15 3.5 3.5 3.5 4.5 4.5 4.7 52.5 52.5 52.5 67.5 67.5 70.0 4. Scope of Services: • Project Specific Experience with Comprehensive Space Needs Plan • Detail Approach to Comprehensive Space Need Plans (0-5)20 3.5 3.8 3.7 5.0 4.7 5.0 70.0 76.7 73.3 100.0 93.3 100.0 5. Workload and Aailable Staff Resources Assigned to Project (0-5)10 3.5 4.0 3.7 4.7 4.7 5.0 35.0 40.0 36.7 46.7 46.7 50.0 6. Financial Stability (0-5)5 3.7 5.0 4.3 5.0 5.0 4.9 18.3 25.0 21.7 25.0 25.0 24.6 7. References (0-5)5 4.7 4.7 4.7 4.7 4.7 4.7 23.3 23.3 23.3 23.3 23.3 23.3 Within Richmond County 5 10 5 5 5 50 50 50 0 0 0 Within CSRA 5 6 0 0 0 0 0 0 Within Georgia 5 4 5 5 5 0 0 0 20 20 20 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 0 0 0 0 0 0  All Others 5 1 0 0 0 0 0 0 27.7 29.8 28.7 33.6 33.3 34.3 325.8 344.2 334.2 377.8 371.8 387.9 9. Presentation by Team (0-5)10 5.0 3.7 2.3 0 0 0 50.0 36.7 23.3 10. Q&A Response to Panel Questions (0-5)5 4.7 3.7 2.7 0 0 0 23.3 18.3 13.3 Total Phase 2 - (Total Maximum Ranking 10 - Maximum Weighted Total Possible 75) 0 0 0 9.7 7.3 5.0 0 0 0 73.3 55.0 36.7 27.7 29.8 28.7 43.3 40.6 39.3 325.8 344.2 334.2 451.2 426.8 424.6 Procurement DepartmentRepresentative:______________Nancy Williams_____________________________ Procurement Department Completion Date: 7/1/19 Phase 2 (Optional - Numbers 9-10) (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Internal Use Only Total Cumulative Score (Maximum point is 500) Evaluator: Cumulative Date: 7/11/19 Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) 8. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Vendors Phase 1 Total - (Total Maximum Ranking 35 - Maximum Weighted Total Possible 425) Phase 1 RFQ Item #19-231 Comprehensive Space Needs Plan for Augusta, Georgia - Central Services Department - Facilities Maintenance Evaluation Meeting: Thursday, June 13, 2019 @ 4:00 p.m. Scale 0 (Low) to 5 (High) Ranking of 0-5 (Enter a number value between 0 and 5)Weighted Scores Commission Meeting Agenda 10/1/2019 2:00 PM Award Contract for Comprehensive Space Anaylsis Department:Central Services - Facilities Department:Central Services - Facilities Caption:Motion to approve award of contract to provide professional services to assess the long term space needs of Augusta, Georgia Government operations to LS3P of Savannah, Georgia in the amount of $118,000.00. RFQ 19-231. (Approved by Administrative Services Committee September 24, 2019) Background:Best practices for local governments include long range planning for capital investments and improvements. Operational needs evolve over time due to changing regulatory requirements and due to shifting of local priorities. The last time Augusta assessed space needs was over 20 years ago in 1997. Contrasting the government structure then and now, you can see some departments included in that process no longer exist, and some crucial departments created since completion of the process. The focus of the study is to ensure effective and efficient operational space is available to provide needed services to the citizens of Augusta. Although all Augusta, Georgia Departments, Agencies and Offices will be included in this study, the following have been identified as a priority and will be addressed in more detail: · Juvenile Court · Fleet Maintenance · Housing and Community Development · Recreation and Parks Administration · Engineering · Environmental Services · Augusta Utilities · RCCI · Validation of Workplace Efficiency on Existing Departments in various locations Analysis:RFQ 19-231 was issued through the Augusta Procurement Department for statements of qualifications and proposals for the defined scope of work. Statements were received on May 30, 2019. The evaluation committee convened on June 12, 2019 to review the information provided by prospective vendors outlining their team configuration and qualifications relative to meeting the work required under this RFP. The three top scoring firms were invited to make presentations before the committee. LS3P was judged to be the best qualified to perform the scope of work established under the RFQ. The evaluation committee conducted fee negotiations with the firm on July 31, 2019. The fee of $118,000.00 is reasonable for the scope of work to be undertaken. Financial Impact:The cost of services is $118,000.00. Alternatives:1. Approve award of contract to provide professional services to assess the long term space needs of Augusta, Georgia Government operations to LS3P of Savannah, Georgia in the amount of $118,000.00. 2. Do not approve the proposal. Recommendation:Approve award of contract to provide professional services to assess the long term space needs of Augusta, Georgia Government operations to LS3P of Savannah, Georgia in the amount of $118,000.00. Funds are Available in the Following Accounts: This project is funded through SPLOST 7. 329051120-5212999 (JL 216057902) REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Augusta Housing & Community Development Department Contract Page 1 CONTRACT between AUGUSTA, GEORGIA And CAPITALRISE LLC. in the amount of $71,631.45 USD Seventy-One Thousand, Six-Hundred and Thirty One Dollars and 45/100 for Fiscal Year 2019 Providing funding for LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT THIS AGREEMENT (“Contract”), is made and entered into as of the day of ________ 2019 (“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter referred to as “Augusta”), acting through the Housing and Community Development Department (hereinafter referred to as “AHCD”) - with principal offices at 925 Laney Walker Blvd., 2nd Floor, Augusta, Georgia 30901, as party of the first part, and Capitalrise LLC., a developer, organized pursuant to the Laws of the State of Georgia, hereinafter called "CAPITALRISE” as party in the second part. WITNESSETH WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development (hereinafter called HUD) as a Participating Jurisdiction, and has received Laney Walker/Bethlehem Bond Financing for the purpose of providing and retaining affordable and market rate housing for eligible families; and WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and increase the supply of affordable/market rate housing for eligible families; and WHEREAS, Augusta wishes to enter into a contractual Agreement with CAPITALRISE for the administration of eligible affordable and market rate housing development activities utilizing Laney Walker Bond Financing; and WHEREAS, this activity has been determined to be an eligible activity in accordance with 24 CFR 92.504(c)(13) and will meet one or more of the national objectives and criteria outlined in Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations; and WHEREAS, CAPITALRISE has been selected and approved through a solicitation process for development partners to assist in the redevelopment of Laney Walker and Bethlehem communities; and Augusta Housing & Community Development Department Contract Page 2 WHEREAS, CAPITALRISE has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, CAPITALRISE has requested and Augusta has approved a total of $71,631.45 in funding to perform eligible activities as described in Article I; below: NOW, THEREFORE, the parties of this Agreement for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE I. SCOPE OF SERVICES A. Scope of Services Project Description: CAPITALRISE agrees to utilize approved Laney Walker/Bethlehem Bond Financing funds to support project related costs associated with the Laney Walker/Bethlehem Redevelopment Project. This project is a mixed income housing effort which involves development and construction of new single family housing units along Pine Street. Under this Agreement: Perform new construction services for one (1) single family detached homes identified as property number . Perform all required construction management and project oversight; in accordance with all laws, ordinances, and regulations of Augusta; Perform all functions required to ensure delivery of a final product meeting all requirements as set forth by said Agreement to include: • Materials list to include brand name and/or model number of materials as specified or agreed to adjustments to specifications including but not limited to: appliances, windows, HVAC, fixtures and First Quality lumber. CAPITALRISE is to provide a finish schedule with the specifications, brands and model numbers for all interior finishes 90 days from completion for agreement by AHCD. Actual material invoices may be requested to verify charges. B. Use of Funds: Laney Walker/Bethlehem Bond Financing funds shall be used by CAPITALRISE for the purposes and objectives as stated in Article I, Scope of Services, of this Agreement. The use of funding for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this Agreement based on total material and labor cost of $71,631.45. Augusta Housing & Community Development Department Contract Page 3 Activity Amount Responsible Party Materials & Labor 71,631.45$ Capitalrise Materials & Labor 71,631.45$ AHCD Building Permit Fee 1,210.00$ AHCD Real Estate Commission 9,900.00$ AHCD Buyer's Assistance 10,000.00$ AHCD Developer's Fee 250.00$ AHCD TOTAL 164,622.90$ Party Total Investment Comments AHCD Investment 92,991.45$ L&M, BP, RC, BA, DF Capitalrise Investment 71,631.45$ Labor & Materials TOTAL INVESTMENT 164,622.90$ Activity Sales Price Payee Amount Home Sales Price 165,000.00$ Not Applicable AHCD Proceeds 72,008.55$ Capitalrise Proceeds 92,991.45$ 165,000.00$ Description of Project Expenses Summary of Parties Investments Distribution of Funds Upon Sale TOTAL DISTRIBUTED *To the extent that the pricing provided by CAPITALRISE is erroneous and defective, the parties may by agreement, correct pricing errors to reflect the intent of the parties. CAPITALRISE shall adhere to the following budget in the performance of this contract: 1. Construction An amount not to exceed fifty percent (50%) of the actual construction costs, only including materials and labor, as outlined and approved on the Work Write-Up shall be expended by CAPITALRISE for construction costs related to the development of one single family detached home identified as as part of the Heritage Pine Street Project. The design and specifications of the property shall be approved by AHCD prior to construction (see Appendix). Funds will be used to assist with the cost of all construction related fees. 2. Profit An amount not to exceed fifty percent (50%) of the sales price, as outlined and approved in Article I. Scope of Services, Section B. Use of Funds and on the Work Write-Up, shall be paid to CAPITALRISE for costs identified as necessary operating time and expenses in addition to the profit accrued in the development of one single family detached home identified as as part of the Heritage Pine Project. AHCD will have the latitude to pay O&P directly to the Augusta Housing & Community Development Department Contract Page 4 procured developer/contractor on a pay for performance basis or upon the sale of the single family detached home identified as . 3. Developer’s Fee An amount not to exceed $250.00 in a grant shall be expended to CAPITALRISE in support of the project development fees. Drawdowns are to be requested after sale of the single family detached home identified as . C. Program Location and Specific Goals to be Achieved CAPITALRISE shall conduct project development activities and related services in its project area (also known as the Heritage Pine Community) that incorporates the following boundaries: Eleventh Street, Laney Walker Boulevard, Pine Street and Florence Street. D. Project Eligibility Determination It has been determined that the use of Laney Walker/Bethlehem Bond Financing funds by CAPITALRISE will be in compliance with legislation supporting community development in Laney Walker/Bethlehem as authorized under the Urban Redevelopment Authority which acts in behalf of the Augusta Commission to provide oversight of the operation of the Laney Walker/Bethlehem Redevelopment Project. Notwithstanding any other provisions of this contract, CAPITALRISE shall provide activities and services as described in the description of the project, including use of funds, its goals and objectives, tasks to be performed and a detailed schedule for completing the tasks for this project as provided in Exhibit A of this contract. ARTICLE II. BUDGET AND METHOD OF PAYMENT CAPITALRISE will carry out and oversee the implementation of the project as set forth in this Agreement and agrees to perform the required services under the general coordination of the Augusta Housing and Community Development Department. In addition, and upon approval by Augusta, CAPITALRISE, may engage the services of outside professional services consultants and contractors to help carry out the program and projects. A. Augusta shall designate and make Laney Walker/Bethlehem Bond Financing funds available in the following manner: 1. Augusta agrees to pay CAPITALRISE, a maximum of $ $250.00 under this Agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to CAPITALRISE’s compliance with all terms and conditions of this Agreement and the procedures for documenting expenses and activities as set forth in said Agreement; 2. The method of payment for construction costs, including only materials and labor as outlined and approved on the Work Write-Up, not to exceed the aforementioned contracted fifty percent (50%) shall be on a pay for performance basis provided CAPITALRISE and AHCD determine the progress is satisfactory. CAPITALRISE shall utilize the AIA Form provided by AHCD (see Appendix). For invoicing, CAPITALRISE will include documentation showing proof of completion of work in accordance with the amount requested, inspected and accepted Augusta Housing & Community Development Department Contract Page 5 by AHCD, lien waivers for vendors and sub-contractors, as specified in the Work Write-Up found in Exhibit B & E. 3. AHCD will monitor the progress of the project and CAPITALRISE’s performance on a weekly basis with regards to the production of housing units and the overall effectiveness of project. 4. Upon the completion of this Agreement, any unused or residual funds remaining shall revert to Augusta and shall be due and payable on such date of the termination and shall be paid no later than thirty (30) days thereafter. CAPITALRISE and AHCD shall share in the cost and proceeds of developing the residence at as follows: Activity Amount Responsible Party Materials & Labor 71,631.45$ Capitalrise Materials & Labor 71,631.45$ AHCD Building Permit Fee 1,210.00$ AHCD Real Estate Commission 9,900.00$ AHCD Buyer's Assistance 10,000.00$ AHCD Developer's Fee 250.00$ AHCD TOTAL 164,622.90$ Party Total Investment Comments AHCD Investment 92,991.45$ L&M, BP, RC, BA, DF Capitalrise Investment 71,631.45$ Labor & Materials TOTAL INVESTMENT 164,622.90$ Activity Sales Price Payee Amount Home Sales Price 165,000.00$ Not Applicable AHCD Proceeds 72,008.55$ Capitalrise Proceeds 92,991.45$ 165,000.00$ Description of Project Expenses Summary of Parties Investments Distribution of Funds Upon Sale TOTAL DISTRIBUTED 5. Funds may not be transferred from line item to line item in the project budget without the prior written approval of Augusta Housing and Community Development. 6. This Agreement is based upon the availability of funding under the Laney Walker/Bethlehem Revitalization Project. Should funds no longer be available, it is agreed to by both parties that this contract shall terminate and any CAPITALRISE and AHCD deemed satisfactorily progress made within the contracted construction only amount not to exceed percent (50%) shall be paid to CAPITALRISE. Augusta Housing & Community Development Department Contract Page 6 7. AHCD will retain five percent (5%) of an amount within the fifty (50%) of construction costs, including only materials and labor as outlined and approved on the Work Write-Up, after the Certificate of Occupancy has been issued until CAPITALRISE and AHCD determine that all AHCD punchlist items have been satisfied. B. Project Financing The Augusta Housing and Community Development Department (AHCD) will provide an amount not to exceed fifty percent (50%) of the actual construction costs including only materials and labor as outlined and approved on the Work Write-Up to be expended by CAPITALRISE for construction costs related to the development of one single family detached home identified as . Additionally, AHCD will provide fifty percent (50%) of all change orders (where applicable) as approved by both Augusta and CAPITALRISE in writing. All funding is being provided as payment for services rendered as per this Agreement. C. Timetable for Completion of Project Activities CAPITALRISE shall be permitted to commence with the expenditure of Laney Walker/Bethlehem Bond Financing funds as outlined in said Agreement upon procurement of a construction contractor in accordance with its policies and procedures; and approval of a detailed outline of project expenditures anticipated for the completion of the development within 180 days of said home identified as as part of the Heritage Pine Project. Liquidated Damages CAPITALRISE agrees to pay as liquidated damages to Augusta the sum of one hundred dollars ($100.00) for each consecutive calendar day after the expiration of the Contract Time of Completion Time, except for authorized extensions of time by Augusta. This section is independent of any section within this Agreement concerning the default of CAPITALRISE. The parties agree that these provisions for liquidated damages are not intended to operate as penalties for breach of Contract. The liquidated damages set forth above are not intended to compensate Augusta for any damages other than inconvenience and loss of use or delay in services. The existence or recovery of such liquidated damages shall not preclude Augusta from recovering other damages in addition to the payments made hereunder which Augusta can document as being attributable to the documented failure of CAPITALRISE. In addition to other costs that may be recouped, Augusta may include costs of personnel and assets used to coordinate, inspect, and re-inspect items within this Agreement as well as attorney fees if applicable. Specified excuses Augusta Housing & Community Development Department Contract Page 7 CAPITALRISE is not responsible for delay in performance caused by hurricanes, tornados, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. Temporary Suspension or Delay of Performance of Contract To the extent that it does not alter the scope of this Agreement, Augusta may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by CAPITALRISE under this Agreement. D. Project Budget: Limitations All costs associated with construction, O&P, construction management, and real estate expenses have been outlined in said Agreement as percentage based costs related to the development of one single family detached home identified as as part of the Heritage Pine Project. AHCD will have the latitude to pay such costs directly to the procured construction contractor. CAPITALRISE shall be paid a total consideration of no more than $250.00 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of CAPITALRISE. It is also understood by both parties to this contract that the funding provided under this contract for this specific project shall be the only funds provided by Augusta – unless otherwise agreed to by Augusta and CAPITALRISE. CAPITALRISE shall adhere to the budget as outlined in the Work Write-Up (Exhibit B) in the performance of this contract. ARTICLE III. TERM OF CONTRACT The term of this Agreement shall commence on the date when this Agreement is executed by Augusta and CAPITALRISE (whichever date is later) and shall end at the completion of all program activities, within the time specified in Article II.C, or in accordance with ARTICLE X: Suspension and Termination. ARTICLE IV. DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to CAPITALRISE, or any subcontractor hereunder. B. CAPITALRISE shall not use these funds for any purpose other than the purpose set forth in this Agreement. C. Subject to CAPITALRISE’s compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. D. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-110 "Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations" as well as the procurement policy of Augusta. E. Requests by CAPITALRISE for payment shall be accompanied by proper documentation and shall be submitted to AHCD, transmitted by a cover memo, for approval no later than thirty (30) Augusta Housing & Community Development Department Contract Page 8 calendar days after the last date covered by the request. For purposes of this section, proper documentation includes: Updated Exhibit A- schedule (Gantt Chart), Updated Exhibit B- Work Write-Up, and AIA Form. F. CAPITALRISE shall maintain an adequate financial system and internal fiscal controls. G. Unexpended Funds: Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by CAPITALRISE. H. The terms of this Agreement supersede any and all provisions of the Georgia Prompt Pay Act. I. Upon the sale of the detached single family home at , AHCD is to provide CAPITALRISE with any outstanding payments on approved invoices and related costs received within ten (10) business days. ARTICLE V. ADMINISTRATIVE REQUIREMENTS Conflict of Interest CAPITALRISE agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36, 570.611, OMB Circular A-110 and OMB Circular A-102 as appropriate. This conflict of interest provision applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of CAPITALRISE. No person described above who exercises, may exercise or has exercised any functions or responsibilities with respect to the activities supported under this contract; or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain any financial interest or benefit from the activities, or have a financial interest in any contract, sub-contract, or agreement with respect to the contract activities, either for themselves or those with whom they have business or family ties, during their tenure or for one year thereafter. For the purpose of this provision, "family ties", as defined in the above cited volume and provisions of the Code of Federal Regulations, include those related as Spouse, Father, Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step-children, Brother, Sister, Brother-in-law, Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the subject matter of this Agreement. CAPITALRISE in the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors and Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this Agreement) Augusta may, from time to time, request changes to the scope of this Agreement and obligations to be performed hereunder by CAPITALRISE. In such instances, CAPITALRISE shall consult with AHCD/Augusta on any changes that will result in substantive changes to this Agreement. All such changes shall be made via written amendments to this Agreement and shall be approved by the governing bodies of both Augusta and CAPITALRISE. Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in Appendix A and are attached and included as part in parcel to this Agreement. ARTICLE VI. OTHER REQUIREMENTS Augusta Housing & Community Development Department Contract Page 9 A. CAPITALRISE agrees that it will conduct and administer activities in conformity with Pub. L. 88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L. 90-284 "Fair Housing Act" and that it will affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in CAPITALRISE’s publications and/or advertisements. (24 CFR 570.601). B. CAPITALRISE agrees that the ownership in the housing assisted units must meet the definition of “homeownership” in §92.2. C. CAPITALRISE agrees to comply with 24 CFR Part I, which provides that no person shall be excluded from participation in this project on the grounds of race, color, national origin, or sex; or be subject to discrimination under any program or activity funded in whole or in part with federal funds made available pursuant to the Act. D. No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. (24 CFR 570.603) E. CAPITALRISE agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR Part 58, it will cooperate with Augusta/HCD in complying with the Act and regulations, and that no activities will be undertaken until notified by Augusta/HCD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by AHCD pursuant to (24 CFR 570.604). F. Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), CAPITALRISE agrees that funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing the 100-year floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. G. CAPITALRISE agrees to take all reasonable steps to minimize displacement of persons as a result of assisted activities. Any such activities will be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606). H. CAPITALRISE agrees to comply with Executive Order 11246 and 12086 and the regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin. CAPITALRISE will in all solicitations or advertisements for employees placed state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. I. CAPITALRISE will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. CAPITALRISE will take appropriate action to ensure that applicants are employed, and that employees are treated Augusta Housing & Community Development Department Contract Page 10 fairly during employment, without regard to their race, color, religion, sex, national origin or familial status. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or advertising; lay-off or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. CAPITALRISE agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. J. In accordance with Section 570.608 of the CDBG Regulations, CAPITALRISE agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against the use of lead-based paint in residential structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead-based paint poisoning and the elimination of lead-based paint hazards. K. CAPITALRISE agrees to comply with 24 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension or placement in ineligibility status. No contract will be executed until such time that the debarred, suspended or ineligible contractor has been approved and reinstated by AHCD. L. In accordance with 24 CFR part 24, subpart F, CAPITALRISE agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession or distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988. M. Any publicity generated by CAPITALRISE for the project funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will make reference to the contribution of Augusta, Georgia in making the project possible. The words "Augusta Georgia Department of Housing and Community Development" will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. N. CAPITALRISE shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. CAPITALRISE agrees to obtain all necessary permits for intended improvements or activities. O. CAPITALRISE shall not assign any interest in this contract or transfer any interest in the same without the prior written approval of Augusta. CAPITALRISE agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Except as prohibited by law or the March 14, 2007 Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV-019 (S.D. GA 2007). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. CAPITALRISE agrees to comply with any federally mandated requirements as to minority and women owned- business enterprises. P. All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is Augusta Housing & Community Development Department Contract Page 11 participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractors each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A §13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractors are retained to perform such physical services. Q. CAPITALRISE agrees that low and moderate income persons reside within Augusta-Richmond County and that contract for work in connection with the project be awarded to eligible businesses which are located in or owned in substantial part by persons residing in Augusta-Richmond County. (24 CFR 570.697) Utilization of contractors and/or subcontractors outside of the Augusta-Richmond County area is not desirable. R. CAPITALRISE agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR part 146 and the prohibitions against otherwise qualified individuals with handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR Part 8 shall include sleeping accommodations. S. CAPITALRISE will not discriminate against any employee or applicant for employment on the basis of religion and will not give preference of persons on the basis of religion. CAPITALRISE will not discriminate against any person applying for shelter on the basis of religion. CAPITALRISE will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no religious influence in the provision of shelter and other eligible activities funded by this grant. T. Indirect costs will only be paid if CAPITALRISE has indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. U. AHCD shall not approve any travel or travel related expenses to CAPITALRISE with funds provided under this contract. V. Construction Requirements In the absence of local codes, properties must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement is “new construction” by definition and therefore must meet the local building codes for new housing in Augusta Georgia, as applicable. CAPITALRISE is required by state and local laws, to dispose of all site debris, trash, and rubble from the project be transported to and disposed of at the Augusta, Georgia Solid Waste Augusta Housing & Community Development Department Contract Page 12 Landfill in accordance with local and state regulations. The contractor shall provide evidence of proper disposal of, the name and location of the disposal facility, date of disposal and all related fee. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of CAPITALRISE or any subcontractor of CAPITALRISE or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. ARTICLE X. SUSPENSION AND TERMINATION A. In the event CAPITALRISE materially fails to comply with any terms of this Agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE II.C, Augusta may withhold cash payments until CAPITALRISE cures any breach of the Agreement. If CAPITALRISE fails to cure the breach, Augusta may suspend or terminate the current award of funds. CAPITALRISE will not be eligible to receive any other funding. B. Notwithstanding the above, CAPITALRISE shall not be relieved of its liability to Augusta for damages sustained as a result of any breach of this Agreement. In addition, to any other remedies it may have at law or equity, Augusta may withhold any payments to CAPITALRISE for the purposes of offsetting the exact amount of damages once determined. C. In the best interest of the project and to better serve the people in the target areas and fulfill the purposes of the Laney Walker/ Bethlehem Revitalization project, either party may terminate this Agreement upon giving thirty (30) day notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall pay CAPITALRISE for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, CAPITALRISE shall not be relieved of any duties or obligations imposed on it under this Agreement with respect to Laney Walker Bond Financing funds previously disbursed or income derived therefrom. E. To the extent that it does not alter the scope of this Agreement, Augusta, GA may unilaterally order a temporary stopping of the work or delaying of the work to be performed by CAPITALRISE under this contract. ARTICLE XI. NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice. Augusta will receive all notices at the address indicated below: Office of the Administrator ATTN: Jarvis Sims, Interim City Administrator Municipal Building 535 Telfair Street, Suite 910 Augusta Housing & Community Development Department Contract Page 13 Augusta, Georgia 30901 With copies to: Augusta Housing and Community Development Department ATTN: Hawthorne Welcher, Jr., Director 925 Laney Walker Blvd., 2nd Floor Augusta, Georgia 30901 CAPITALRISE will receive all notices at the address indicated below: Capitalrise LLC. ATTN: Peter Tuchyna and Frank Klimes 2924 Aylesbury Drive Augusta, GA 30909 ARTICLE XII. INDEMNIFICATION CAPITALRISE will at all times hereafter indemnify and hold harmless Augusta, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation or property, by virtue of the performance of this Agreement. By execution of this Agreement, CAPITALRISE specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. Should it become necessary to determine the meaning or otherwise interpret any work, phrase or provision of this Agreement, or should the terms of this Agreement in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control the same. The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors and assigns, all jointly and severally under the terms of this Agreement. ARTICLE XIII. PRIOR AND FUTURE AGREEMENTS This Document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. Augusta is not obligated to provide funding of any kind to CAPITALRISE beyond the term of this Agreement. CAPITALRISE warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CAPITALRISE for the purpose of securing business and that CAPITALRISE has not received any non-Augusta fee related to this Agreement without the prior written consent of Augusta. For breach or violation of this warranty, Augusta shall have the right to annul this Agreement Augusta Housing & Community Development Department Contract Page 14 without liability or at its discretion to deduct from the Agreement prices of consideration the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XIV. LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law or regulations and clause required by law or regulation to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. ARTICLE XV. DISCLAIMER Any and all language in this Agreement pertaining to HUD regulations and/or the utilizations of HOME funding is deemed voidable when utilizing Laney Walker Bond funds in its entirety. However, if there are any federal funds utilized by this project, including Homebuyer Subsidy funds, this Agreement will be enforceable in its entirety. ARTICLE XVI. 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. Augusta Housing & Community Development Department Contract Page 15 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: Approved as to Form By (please initial here): ______________ Augusta, Georgia Law Department Date: ____________________ By:__________________________________ Mayor Hardie Davis, Jr., as its Mayor Date: ____________________ By: _______________________________ Jarvis Sims, as its Interim CityAdministrator Date:_____________________ By: _________________________ Hawthorne Welcher, Jr., as its Director Date: _____________________ By: ________________________ Lena Bonner, as its Clerk of Commission Affix Seal Here: ATTEST: Capitalrise LLC. By: _________________________ Frank Klimes, Co-Owner Date:_______________________ By: _______________________ Peter Tuchyna, Co-Owner Date: ______________________ Augusta Housing & Community Development Department Contract Page 16 APPENDIX 1 Architectural Plans/Designs Augusta Housing & Community Development Department Contract Page 17 APPENDIX 2 American Institute of Architects (AIA) Form - Sample Augusta Housing & Community Development Department Contract Page 18 APPENDIX 3 Statutes: (Available on Request) OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations OMB Circular A- 122 - Cost Principles for Non-Profit Organizations OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit Institutions 40 USC 276 Davis-Bacon Act 40 USC 327 Contract Work Hours and Safety Standard Act Uniform Relocation Assistance and Real Property Acquisition Policies Act Lead Based Paint Poisoning Prevention Act 24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being sold, Final Rule Augusta-Richmond County Procurement Policy Conflict of Interest Affidavit Augusta Housing & Community Development Department Contract Page 19 APPENDIX 4 CONSTRUCTION REQUIREMENTS 1. All construction projects shall comply with Federal, State, and local codes and ordinances, including, but not limited to, the following: A. "Standard Building Code", 2000 Edition, Southern Building Congress, International, Inc., Birmingham, Alabama. B. "Standard Plumbing Code", latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. C. Standard Mechanical Code, latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. D. “National Electric Code”, latest edition, National Fire Protection Association, Quincy, Massachusetts. E. Model Energy Code, 1997, Council of American Building Officials. F. “ADA Accessibility Guidelines for Buildings and Facilities”, Department of Justice, American with Disabilities Act of 1990”. G. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. H. Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972). I. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972. J. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f'). 2. Project Review. All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of outlining work on a particular project will be submitted in writing to AHCD for review and approval prior to bidding. AHCD Construction and Rehabilitation Inspectors or AHCD’s agent will review these items for compliance with new construction and/or rehabilitation standards and materials use. 3. Rehabilitation Standards. All rehabilitation work will comply with the "Uniform Physical Condition Standards for HUD Housing." Workmanship and material standards will comply with the Augusta-Richmond County Housing & Community Development Department Contractors Manual and Performance Standards. A copy of this manual is provided to every contractor when included on the AHCD Approved Contractors List. A copy is enclosed for inclusion. 4. Inspections. All projects will be inspected and approved by an AHCD Construction and Rehabilitation Inspector or AHCD’s agent prior to release of the funds for that project. Augusta Housing & Community Development Department Contract Page 20 APPENDIX 5 CONTRACTOR ACKNOWLEDGEMENT Capitalrise LLC acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioner and approval of the Mayor. Under Georgia law, Capitalrise LLC is deemed to possess knowledge concerning Augusta, Georgia’s ability to assume contractual obligations and the consequences of Contractor’s provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that Capitalrise LLC may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Capitalrise LLC agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if Capitalrise LLC provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia’s Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by JLovett Homes & Construction. Capitalrise LLC assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized including, without limitation, all remedies at law or equity. This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. ____________________________________ Frank Klimes or Peter Tuchyna Capitalrise, LLC. Owner Augusta Housing & Community Development Department Contract Page 21 EXHIBIT A PROJECT SCHEDULE OF COMPLETION CAPITALRISE MUST PROVIDE A COMPLETED SCHEDULE OF COMPLETION AS EXHIBIT A - WITH APPROPRIATE PROJECT MILESTONES WITHIN 10 TO 15 DAYS AFTER SIGNING THIS AGREEMENT. THIS SCHEDULE MUST BE PROVIDED IN SUFFICIENT DETAIL TO PERMIT AHCD TO MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. A SAMPLE SCHEDULE IS PROVIDED. Augusta Housing & Community Development Department Contract Page 22 EXHIBIT B WORK WRITE-UP Augusta Housing & Community Development Department Contract Page 23 EXHIBIT C PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. AHCD must review and approve all new construction work, project specifications and total development cost for each residential development project before work is commenced and before funds can be released for payment reimbursement. Construction payments will be released to CAPITALRISE in accordance with the attached drawdown schedule and budget. 2. AHCD will provide the lot on which all new construction efforts will be performed under this Agreement and in connection with the Project. 3. With AHCD approval, CAPITALRISE may use funds under this Agreement for the following purposes: a. To support development costs as outlined in Item 6 below. 4. Completion delays, remedies, and penalties. a. If the Contractor fails to complete the work within the time frame specified in the contract, plus any authorized delays, AHCD may: i. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (AHCD)” clause of this contract. ii. Assess liquidated damages of Two Hundred Dollars ($200) per working day from the schedule of completion to the date of final acceptance of the project. The total amount of liquidated damages will be deducted from the total contract price, plus any change order amounts. b. The contractor shall not be charged with liquidated damages for any delays in the completion of the work due: i. To any acts of the Federal, State, or City/County Government; including controls or restrictions upon or requisitioning of materials, equipment, tools or labor by reason of war, National Defense, or any other National, State, or City/County emergency. ii. To any acts of the Owner that hinder the progress of the work; iii. To cause not reasonable foreseeable by the parties in this contract at the time the execution of the contract which are beyond the control and without the fault or negligence of the Contractor; including but not restricted to acts of God; acts of the public enemy; acts of another contractor in the performance of some other contract with the owner; fires; floods; epidemics; quarantine restrictions; strikes; freight embargoes; and weather or unusual severity such as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and iv. To any delay of the subcontractor occasioned by any other causes specified in subparagraphs A and B above. Provided, however, that the contractor promptly (within 10 days) notifies AHCD and CAPITALRISE in writing of the cause of the delay. If the facts show the delay to be properly excusable under the terms of this contract, AHCD shall extend the contract time by a period commensurate with the period of authorized delay to the completion of the work as whole; in the form of an amendment to this contract. 5. New Construction Costs and Requirements Augusta Housing & Community Development Department Contract Page 24 a. CAPITALRISE will provide construction management for the project to ensure that construction work is being carried out in accordance with plans, specifications and the project budget. b. CAPITALRISE must make sure contractors obtain and post all permits on job site. c. CAPITALRISE must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making a payment to a contractor. d. AHCD or its agent may continually inspect each house for contract compliance and to determine the percent of completion prior to processing a draw request and releasing payment. AHCD may choose not to release payments if the work being performed is not of acceptable quality to AHCD and if the house is not being built or rehabilitated in accordance with plans and specifications, or if the project is not on schedule. 6. Permanent Financing and Sales Prices a. The sales price of each home sold in accordance with this Agreement must be based on a formal appraisal. Unless otherwise agreed to by AHCD, the sales price of each house shall not exceed the appraised value of the house. b. The purchasers of houses constructed must meet the Augusta program requirements. c. Buyers will be required to borrow no less than 80% of the sale prices of the house from a private lending institution unless otherwise agreed to by AHCD. Commission Meeting Agenda 10/1/2019 2:00 PM HCD_ Laney Walker/Bethlehem New Construction two (2) Homes Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide Laney Walker/Bethlehem Revitalization Funding to contract with Captialrise LLC to construct two (2) workforce, residential units on Boyd Lane. (Approved by Administrative Services Committee September 24, 2019) Background:In 2008, the Augusta Commission passed legislation supporting community development in Laney Walker/Bethlehem. Since that time, the Augusta Housing & Community Development Department has developed a master plan and development guidelines for the area, set up financial incentive programs for developers and home buyers, selected a team of development partners to focus on catalytic change, and created a marketing strategy to promote the overall effort. This project involves construction of two (2) new residential units on Boyd Lane within Laney Walker/ Bethlehem. Analysis:The approval of the contract will allow for development activities on these sites to begin. Financial Impact:Augusta Housing and Community Development Department receives annual allocations from Laney Walker Bethlehem Project which will fund this contract. Contract Amount 918 Boyd Lane - $71,631.45 Contract Amount 922 Boyd Lane - $71,631.45 Alternatives:Do not approve HCD’s Request. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide Laney Walker/Bethlehem Revitalization Funding to contract with Capitalrise LLC to construct two (2) workforce, residential units on Boyd Lane. Funds are Available in the Following Accounts: Laney Walker/Bethlehem Revitalization Project funds. Fund 298 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 10/1/2019 2:00 PM Lease Agmt. new Sheriff's Office Substation Department: Department: Caption: Discuss/approve Lease Agreement establishing the location of a Sheriff's Office substation at 2816 Washington Road. (Deferred from the September 24, 2019 Special Called Meeting) Background:On September 17, 2019 the Commission approved to support this project pending a review, approval of lease agreement and any other financial requirements that the City will be obligated to with funding identified from the capital outlay fund. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Lena Bonner From: Mayor Hardie Davis, Jr.Sent: Thursday, September 26,20L9 8:4L AMTo: Lena BonnerCc: Marcus Campbell; Hawthorne Welcher;Jarvis Sims; Wayne Brown; Commissioner Sean Frantom; Commissioner Marion Williams; Commissioner William Fennoy; Commissioner Dennis WilliamsSubject: Agenda Item N{s. Bomer: Good moming. Please add the following item to the regular agenda for Tuesday October 1,2019. 1 . Motion to approve appropriation of $ 150,000 of CBDG related funds for land acquisition, demolition, cleanup and re-development of a model duplex affordable housing unit in the 15th street targeted area. Hardie Davis, Jr. Mayor City of Augusta Georgia Mayordavis@augustaga. gov 706.821.1831 office iJ r;'-ri-tli o{ ii-r* tl-rnail trartsrnis:';icrr. l{ vijrifiont;on is rr:qirirnrJ, plcase leqL.re-.;l c harii copy versioil. Commission Meeting Agenda 10/1/2019 2:00 PM Appropriation of $150,000 of CBDG related funds Department:Mayor's Office Department:Mayor's Office Caption:Motion to approve appropriation of $150,000 of CBDG related funds for land acquisition, demolition, cleanup and re- development of a model duplex affordable housing unit in the 15th street targeted area. (Requested by Mayor Hardie Davis, Jr.) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: 1 The Criminal Justice Coordinating Council (CJCC) in partnership with the United States Attorney’s Office of the Southern District of Georgia is pleased to announce that we are seeking applications for funding under the Project Safe Neighborhoods (PSN) Grant Program. This program furthers the State of Georgia’s strategic goal to prevent or reduce crime and violence. 2018 Project Safe Neighborhoods (PSN): Violent Gang and Gun Crime Reduction Program Request for Application (RFA) Eligibility Applicants are limited to units of state and local government and private, non-profit community organizations located in the following locations: the City of Augusta, the City of Brunswick, and the City of Savannah, with a required partnership from state and local juvenile justice and community agencies, such as law enforcement, prosecutors, judicial agencies, family and youth services, schools, community- based organizations serving youth and adolescents, community associations, faith-based organizations, neighborhood planning units and other agencies serving high-risk youth and young adults as appropriate. Note: If an award is made, it must be administered by a unit of local government or a private organization holding non-profit status. Deadline: All applications are due at 5:00 p.m. on March 20, 2019 Available Funding: Approximately $106,803 Award Period: April 1, 2019 through March 30, 2020 Contact Information For assistance with the requirements of this solicitation, contact: Mia Smith, Planning and Policy Development Specialist, at 404-654-5693 or mia.smith@cjcc.ga.gov Ursula Kelley, Criminal Justice Supervisor, at 404-657-1968 or ursula.kelley@cjcc.ga.gov Release Date: February 11, 2019 *The award period is dependent upon when federal funding becomes available (if awarded) and, therefore, it may change. 2 Project Safe Neighborhoods (PSN) Program 2018 Project Application Project Safe Neighborhoods (PSN) Grant Program Overview History and Foundation The Project Safe Neighborhoods (PSN) Program was launched in 2001 as a gun crime reduction effort and was modified in 2006 to encompass initiatives seeking to reduce gang violence. PSN was built upon the foundations of previously-existing gang and gun crime reduction efforts. By studying these projects, the U.S. Department of Justice (DOJ) determined that successful crime reduction initiatives had three common elements: They were comprehensive, coordinated and community-based. Comprehensive—The most successful initiatives marry enforcement with prevention and deterrence efforts. Coordinated—Programs that ensure coordination between enforcement, deterrence and prevention efforts are more likely to succeed than those that do not. Community-based—The composition of gang and gun-related crime varies at the local level, and the resources available to address it vary from district to district. Accordingly, any national crime reduction program must remain sufficiently flexible for jurisdictions to implement it in a way that both responds to the specific problem in that area, and accounts for the particular local capacities and resources that can be dedicated. PSN represents the national commitment to reduce gun and gang-related crime in America by coordinating with existing local programs which target these crimes, and by providing those programs with the additional tools necessary for them to be successful. PSN’s five core elements - partnerships, strategic planning, training, community outreach and accountability) have guided the program since its inception. · The partnership element requires workable and sustainable partnerships with federal, state, and local law enforcement and prosecutors. · Community strategic problem-solving involves the use of data and research to isolate the key factors driving violent crime at the local level. · The outreach component incorporates communication strategies geared at residents, youth offenders, and other community members. · The training element underscores the importance of ensuring that each person involved in the gang and gun reduction effort—from the police officer; to the prosecutor; and the community outreach worker—has the skills necessary to be most effective. · The accountability element ensures that the PSN task force regularly receives feedback about the impact of its interventions to make necessary program adjustments. For more specific guidance with the development and implementation of your proposed project as it relates to the Project safe Neighborhoods (PSN) grant program, the link to the national PSN site can be accessed here. 3 Background and Guiding Principles The Criminal Justice Coordinating Council (CJCC) will make one award or multiple awards for approximately $106,803 for state or local governments or nonprofit agencies to provide services that will enhance and support the PSN strategy implemented in the Southern District of Georgia. Grant funds are designed for the following activities: · Establish and implement effective programs and strategies that enable PSN task forces to effectively and sustainably prevent, respond to, and reduce violent crime · Effectively use and integrate intelligence and analysis to identify high crime areas and prolific violent offenders into the strategic and tactical operations of PSN task forces and community agencies · Foster effective and consistent collaboration with community-based organizations and the diverse communities that law enforcement agencies serve, which increases public safety and reduces violent crime · Create and maintain ongoing coordination among local law enforcement officials, with an emphasis on prevention, tactical intelligence gathering, more vigorous and strategic prosecutions, and enhanced accountability Criminal Justice Coordinating Council (CJCC) The Criminal Justice Coordinating Council (CJCC) is the state administering agency for the federally- funded PSN program; as such, the CJCC will be the agency administering the PSN local grant program. This application kit provides information on the grant application guidelines. Application Deadline The deadline to submit applications under this announcement is 5:00 p.m. Eastern time on March 20, 2019. The CJCC highly recommends starting the process as early as possible to prevent delays in the application submission by the specified deadline. *The grant award date as stated is the anticipated award date. It is dependent upon when federal funding becomes available (if awarded) and, therefore, may change. 4 Eligibility Applicants are limited to units of state and local government, and private, non-profit organizations with IRS 501 (c) (3) status that can demonstrate a proven track record of providing suppression, prevention, intervention, community outreach, and/or reentry and case management services to ex-offenders in the Southern District of Georgia. For those applicants submitting an application as a non-profit, verification from the Internal Revenue Service (IRS) of non-profit 501 (c) (3) status signed by an authorized representative of the IRS is required. ALL non-profit applicants must submit this verification even if you are a current DOJ grantee and documentation is assumed to be on file. Purpose of the Award To provide applicants with the critical funding needed to design, develop, continue and/or implement specific components of a comprehensive PSN strategy, which includes partnerships, strategic planning and research integration, training, prevention and intervention, and accountability and data-driven efforts. Amount to be Awarded All awards are subject to the availability of appropriated funds and any modification or additional requirements that may be imposed by law. The total amount available under this solicitation is approximately $106,803. Eligible agencies are entitled to apply for funding under this solicitation knowing that the CJCC and USAO may make one award for the entire available amount, or multiple awards. The successful applicant will have no more than 12 months from the date of award to expend all funds. Applicants should assume that this is a one-time award; no continuation funding should be anticipated. Program Areas The project area described below consists of specific components of suppression, prevention, intervention, community policing, outreach and public awareness campaigns, reentry and prosecution. Collaboration between law enforcement, prosecutors, service providers and community organizations are crucial to the success of these programs and applications submitted under this program area will be required to show broad-based community support. Performance Monitoring and Evaluation Grant recipients will be required to collect and report quarterly and annually performance data in accordance with requirements of the Project Safe Neighborhood’s program measurements. To assist further in fulfilling the CJCC’s responsibilities and commitment to fund evidence-based and data-driven projects, the applicants who receive funding under this solicitation must provide quarterly outcome data that measure the results of their work. 5 Submission of performance measures data is not required for the application. Instead, applicants should discuss in their application their proposed methods for collecting data for performance measures. Please refer to the section “What an Application Must Include” (below) for additional information. Supplanting Federal funds must be used to supplement existing funds for program activities and cannot replace or supplant nonfederal funds that have been appropriated for the same purpose. Supplanting is prohibited under PSN. Budget Applicants must develop the estimated budget according to a standard format utilizing the forms on the CJCC’s website. Under each of the budget categories, the applicant must attach a budget narrative explaining the purpose for the funds. Restrictions on Use of Funds Funds cannot be used directly or indirectly for security enhancements or equipment to nongovernmental entities not engaged in criminal justice or public safety. Indirect costs, not limited to expenses such as accounting, payroll data processing, purchasing, personnel, and building use, may not be requested through this grant program. In addition, the following items are prohibited: · Vehicles, vessels, or aircraft · Luxury items · Real estate · Lobbying · Fundraising; · Construction projects · Gun locks · Gun buy-back programs · Air-time to run the national public service announcements “Mothers,” Sentenced,” and “Family Prison” WHAT AN APPLICATION MUST INCLUDE: This section describes what an application should include and outlines the components required to submit a complete application. Applicants should anticipate that failure to submit an application that contains all of the specified elements may negatively affect the review of the application; and, should a decision be made to make an award, it may result in the inclusion of special conditions that precludes access to or use of award funds pending satisfaction of the conditions. Moreover, applicants should anticipate that some application elements are so critical that applications unresponsive to the scope of the solicitation or that do not include a program abstract, project narrative, and budget detail worksheet including a budget narrative will be deemed ineligible for funding. 6 A. Abstract (One page or less) The abstract must provide an overall summary of the project and include a summary of the case management services, evaluation abilities, and offender recruitment strategies. The abstract must be single-spaced and drafted using a standard 12-point font. B. Program Narrative (5-10 pages) Applications should include narrative information using the format outlined below to explain the purpose, goals and objectives, implementation plan, participants, and evaluation methods for the proposed grant project. The program narrative must not exceed ten pages, must be double-spaced and must be printed in a standard 12-point font. Please number the pages “1 of 10”, “2 of 10”, etc. a. Statement of the Problem Describe the problem(s) you will be addressing in your program. Explain the nature and extent of gun violence problems in your community. Fully explain the specific problems your proposal addresses and provide statistical data (if available) to support your explanation. Describe who is experiencing the problem (an area of your community, people of specific age, race, gender, a segment of the criminal justice system, etc.). b. Project Operation/Activities Describe the expertise and background of the organization that qualifies you to carry out this program. Describe the length of time and specific experience the organization has in operating programs the programs for which funding is sought. Explain how your organization will be implementing the project and your operational protocol. Explain in detail how your project will work to include the target audience. Describe the activities that will take place in order to reach the goal(s) listed. Tasks should be listed as a timetable in which they will be completed (monthly or quarterly). c. Project Goals, Objectives, Performance Measures, Evaluation Methods, and Activities Describe what you expect your project to achieve when it is completed. Using concise sentences, clearly describe the long-term outcomes you expect to achieve, how you expect to monitor and evaluate it. Goals need to be both realistic and achievable. Performance measures document how you plan to measure the success of your project. Briefly describe how you will measure the success of your project. Describe the resources in place to collect the information, the methods of collection, and how the information will be reported. 7 C. Budget Worksheet and Budget Narrative Applicants are required to submit a draft budget and budget narrative outlining how the funds requested will be used to support and implement the program. This narrative should include a breakdown of costs, as well as how funds will be allocated across approved budget categories of Personnel, Fringe Benefits, Travel, Equipment, Supplies, Consultants/Contracts, and Other. The Budget Worksheet and Budget Narrative can be found on our website, https://cjcc.georgia.gov/. D. Additional Documents Applicants must attach job descriptions and resumes (if already in place) of key staff associated with the implementation of the proposed project. Applicants should also include a project timeline of the activities to take place and the goals to be achieved. Required Forms The following forms are required to be submitted along with the application: ___ Memorandum of Understanding with other Service Providers (if applicable) Reviewing the Application The CJCC and the U.S. Attorney’s Office are committed to ensuring a fair and open process for selecting applicants for this grant opportunity. A selection committee will review applications to make sure the information presented is reasonable, understandable, measurable, and achievable, as well as consistent with the solicitation. At any point during those reviews, a decision to not fund a project or any part of it may be made. These decisions are within the complete discretion of the PSN Task Force Funding Committee. When an application is received at the CJCC office, there is no commitment on the part of the CJCC to move it through to the next stage, fund an application or to fund it at the amount requested. All areas of the budget are subject to review and approval. Decisions related to these budget areas are based on both eligibility and reasonableness. Determinations of the reasonableness of budget items are fully within the discretion of the CJCC and are made both through objective tools and subjective decision-making. Funding Decisions All funding decisions related to this solicitation are made solely by PSN Task Force Funding Committee for the U.S. Attorney Office of the Southern District. The CJCC will inform the applicant of its decision through a letter. Applicants must not make any assumptions regarding funding decisions until they have received official written notification of award or denial that is signed by the Governor, CJCC Director or the U.S. Attorney of the Southern District of Georgia. 8 HOW TO APPLY Submit the completed application (which includes all of the required documents) to CJCC using Formstack. Please note that you will not be able to save an incomplete application and return at a later time. Ensure that you have all of the required information and attachments before submitting your documents. To be eligible for funding consideration, a complete application must be received by our office on or before the due date of March 20, 2019 at 5:00 P.M. No mail or e-mailed applications will be accepted. 9 APPLICATION CHECKLIST This checklist has been created to assist with developing the application. Eligibility Requirements: _______ Applicant agency meets eligibility requirements _______ Proposed Budget is within the allowable limits What an Application Must Include: _____ Program Narrative Other Required Forms: _____ Budget Detail Worksheet and Budget Narrative _____ Memorandum of Understanding (if applicable) _____ Job Descriptions and/or Resumes _____ Project Timeline Application of the Richmond County Sheriff’s Office Augusta, Georgia, PSN Grant A. Abstract The purpose of this project is to enhance the ability of law enforcement to apprehend and successfully prosecute subjects that are involved in illegal street gang activity. Data will be available to show how many times the software was used and how often it resulted in successful prosecution. B. Program Narrative Statement of the Problem The Augusta Judicial Circuit is comprised of Burke, Richmond and Columbia counties with a combined total of nearly 500,000 people. Richmond County is the most populated county and as such, the most concentrated source of violent crime in the area. While the presence of gangs in the area has been noted going back 20 years, it was not until 2015-2016 that law enforcement began noticing that our gang population was becoming less of the smaller “neighborhood gangs,” and more of the nationally known gangs with a wider territory. This observation led to an investigation that ultimately resulted in 17 members of the “LOE” gang, which started as a neighborhood gang and evolved into a Blood gang subset, being indicted under the Georgia Street Gang Terrorism and Prevention Act and RICO. This gang was targeted as one of the most violent and feared groups on the streets of Augusta. Once the investigation began, it became readily apparent that the resources at our disposal were not adequate enough to keep up with the ever-changing and ever-evolving activities of the gang. Often, the gang would conduct their transactions on social media platforms that the current state of technology would not allow our investigators to retrieve in a timely manner from their seized phones. Additionally, the group was sophisticated in their means of transportation making it difficult to conduct surveillance. They would switch cars and switch locations to areas that were impossible to surveil covertly. They also frequently used juveniles to conduct transactions, knowing that these individuals would be difficult to identify and would face significantly smaller penalties in the judicial system. They were calculated in their intimidation tactics and would often wait until the “heat” was off of them to shoot up a house or car and execute such a plan during hours they associated with shift change in law enforcement, coincidentally also being the time of day where they were least likely to encounter other people on the road. Since the LOE indictment, law enforcement has continued to see the same surveillance and technology issues with other groups in our area. These groups rule their neighborhoods by fear and the inability to identify and successfully prosecute these individuals only furthers their reign over otherwise law abiding citizens. Social media allows them to expeditiously broadcast their conquests to a much wider audience than they could 10 years ago. The majority of these crimes are committed in low-income housing areas and too many times there are no witnesses who will speak to what has happened out of fear and the inability to leave their living situation. This is also negatively affecting the prosecution of these individuals. Juries want witnesses who don’t change their story or a “smoking gun.” Having better technology would allow investigators a better chance of providing that concrete proof to the jury. The Richmond County Sheriff’s Office the District Attorney’s Office joined forces to prosecute LOE and effectively shut down this group by combining our efforts; however, our agencies were keenly aware that with better tools, we could have done much more. By using technology to aide in our investigations, it will allow law enforcement to make a more efficient use of time which will result in more effective violent crime eradication. Project Operation/Activities Since 2016, The Richmond County Sheriff’s Office has sent three (3) investigators to Advanced Gang Prosecution and countless others to various telecommunications technology courses to become more familiar with using technology to our advantage. Additionally, the District Attorney’s Office has one (1) investigator dedicated to taking the necessary courses to become familiar with the GreyKey Technology. This investigator has previously attended courses pertaining to other cellular technology systems and is familiar with other types of software that is similar, although inferior, to GreyKey. First, areas will be prioritized by geographical location where the most incidents of violent crime occur. Intersections with the most traffic will be prioritized with cameras and investigations will target illegal activity within these prioritized areas by allowing teams to use GPS locators in lieu of surveillance and fingerprint scanners to rapidly identify street contacts. Additionally, we will establish regular monthly or bi monthly communication meetings so that we can redirect the resources as needed and insure that we are working as intelligently as possible by pooling the intelligence collected. We also intend to utilize information from other departments within the county to make these assessments. Once the technology is obtained by both agencies, it will immediately be put in use. The District Attorney’s Office will also be making the GreyKey available for all of the 13 agencies that we serve in our 3 counties. This will cut down drastically on the time it takes for critical information being in hand for investigations for many agencies that simply cannot afford the system. Project Goals, Objectives, Performance Measures, Evaluation Methods, and Activities The goal of this project is to reduce violent crime. While the information gathering process will take time to establish, a 6 month goal would be to reduce the number of firearms and/or violent crime incidents by more than 5%. Another tool to measure the success of the operation would be by increasing the number of violent crimes that result in the case being closed by arrest. It would be ideal to increase the number of felony cases involving a weapon closed by arrest by 30%. Our agencies have partnered with Applied Research Services, Inc. to analyze and research arrest trends and crime data. C. Budget Narrative D. Supplies - Total: $35,790.00 Pro GPS Tracker Six US Fleet Trackers will give deputies/investigators the edge they need to solve all types of cases. From small crimes to complex criminal cases, tracking a suspect no longer requires an officer to spend a lot of time on stake-outs or patrolling large territories. GPS tracking systems are an enemy of a criminal on the move; within them, data regarding driving and travel history can be stored, recorded, or viewed in near real-time. Devices today are now built to be more compact, covert, and more durable than ever. GPS tracking units ensure that a suspect can be monitored, turn by turn, so we can gather enough evidence to lead to an arrest. 6 X $798.00 = $4,788.00 Axis Camera Analog security cameras have been known to lack the level of detail needed to properly identify criminals. Historically, many of the analog surveillance videos would be low-fi, blurry, and grainy. Fortunately, with modern city infrastructure, private security systems, and covert video surveillance, this is no longer as big of an issue. Many new security cameras record footage in ultra 4K HD. Covert Law Enforcement offers surveillance features, which include, but are not limited to tripwire settings, motion detection, and scene change alerts. When covert video surveillance equipment is combined with the appropriate video recorder and software, one deputy can perform the work that it would have traditionally taken several investigators many weeks to perform. 6 X $2,495.00 = $14,970.00 Genetac Video Software Law enforcement agencies, Community policing requires cooperation among police, citizens, and decision-makers in order to forge public-private partnerships that combat criminal activity. By making better use of data and technology to increase transparency and break down informational barriers between law enforcement and citizens, communities can collaborate to identify needs and establish best practices to maintain public safety. The Sheriff’s Office already has 18 cameras. All have the capacity and ability to work with the upgraded software package. A complete upgrade will allow all cameras to function as a unit, or separately, using the same operating system. 24 X $300.00 = $7,200.00 Fingerprint Scanner Mobile biometrics that used to look like science fiction has become a common tech now. Identity verification with portable fingerprint scanners is also on the same route. The devices and verification approaches have already seen day of light in many parts of the world. Law enforcement agencies understand that printed IDs are no more the trustworthy proof of identity. They can easily be manipulated or faked by fraudsters. This problem is not limited to ID cards. People have even manipulated secure documents like passports to hide their identity while crossing international borders. All these inadequacies associated with identity cards, documents and other possession or knowledge based identification methods have paved the way to put efforts in biometric identity verification on the go. Law enforcement officers face a practical problem of identifying individuals on the street. People often tend to hide their identity by giving fake names or misinformation. On-duty deputies do not have direct access to their office resources, which can offer a great help in verifying identity claims made by suspects. It limits their ability and forces them to depend on traditional approaches like checking ID cards or similar documents. It becomes much more complicated when such identification drive is induced by an incident not confirming with the law and a lot of people need to be identified. 3 X $2,944.00 = $8,832.00 Btforo a DeprrtmcnUagency nay apply for ahe grstrUawsrd on behalf of Augusta Ricbmotrd County, they mlst flrrt obtsiD rpprov.l 3igtr8ture frctrr the Admidstrstor 8Dd the FitrrDcc Direclor. The Admirirtr.tor wlu obt.in hformrtiotr or the grant program and requiremeuts from the frrnding agency and revlew th€re for fc{stbility to determlnc if thir granueward wi.ll beneflt Augustr RichEoDd CouDty. The Fitr8trce Dlrsctor wlll review thc fundhg rcqulrement to determlni tr thc grant wlll flt wlttir our burtgetstructurc rtrd filratrcirl gods, - P6ject Sil6 N;iih6'rhood;is-de-siflic r-oireai6;fe+ ;eiglb;rh-oods-throu-ebi -sustained reductiotr in cime associated with gang and gun viotenoe. AUGUSTA, GEORGIA New Grant ProposaVApplication EndDatc; 098012020 Dcpartmert 032 Totel Fundlng Agency: US Dept of Justic€ Federal Crimc conhol/Invest Contacts REGEIVIEIE ADMINISTRATOR'S OFFICE [{AR 2OMM AUGUSTA.RICTIMOND COUNTY Cash match required: No BEO required: No EEO d€pt. lotified: No StsrtDste: l0l0l/2019SubmitDtte: 03ll5l21t9 Totd Budgeted Amoutr* 35,790.00 Spomor: GM0rOl4 Sponsor Type: 1t P[rpole: 7 Sheritr Crch Match? N 35,790.00 Tottl Clrh Metch: 0.00 Flolv lhru IIl: GM00l9 Community Foundati_o[ Phone Proposal Projec.t No. Project Title TYPe I GMI003 Freemaa,Veronica (706N21-t061 ApprovirisTYDe Bv FA R. ROTJNDTREE Dstt 03 5t20t9 Dept. Si$rture: Gr.Et CoordiDstor Sigmture: l.) I haye reviewed the Grant application and enclosed rnatpriats and g,f(d the graatiawara to be fessible to the needs ofAugusa fuchmond Couoty o Dany thc request 2.) ryNe rcviewed the Grsnr spplicstion atrd encloscd marerials sDd: y'eWrove fueDeparffEnt Agetrcy to move forwsrd with tbe application the requqrt IA form wiII rlso be provlde the externel tudftors with itrformadol o! rll grrrtr for complisnoe rtrdrequlrcme[b ff rcqrlred by thc St e rnd Fedcrel Govcrnmcnt Finaocc Director Date Rcport GMI0O0_PROPOSAI - cMl000: crarts Maragsmenr I Curr.niTlrr: I2:5tr00 / (L.v .,a a ,<, / , t, / 1rn rue 3 Date Commission Meeting Agenda 10/1/2019 2:00 PM Allocate funding $35,790.00 for RCSO to implement Justice Assistance Grant Project Safe Neighborhoods Department:Richmond County Sheriff’s Office (RCSO) Department:Richmond County Sheriff’s Office (RCSO) Caption:Motion to approve the allocation of funding for the Richmond County Sheriff's Office (RCSO) in the amount of $35,790.00 implement the Justice Assistance Grant (JAG) Project Safe Neighborhood. (Approved by Public Safety Committee September 24, 2019) Background:In August of 2019 the RCSO was awarded a grant through Department of Justice for $35,790.00 to utilize fund to create a safer neighborhoods through a sustained reduction in crime associated with gang and gun violence. RCSO will use this funding to purchase GPS Trackers, cameras, and video software Analysis:RCSO will use this funding to purchase GPS Trackers, cameras, and video software Financial Impact:This is a 100% reimbursable grant, when expenditures are made, RCSO will submit request for reimbursements to Department of Justice Alternatives:None Recommendation:Allocate funding in the amount of $35,790.00 to allow RCSO to implement the Justice Assistance Grant (JAG) Program. Funds are Available in the Following Accounts: NA -100% Reimbursable from grant. Org key will be setup in fund 220 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 10/1/2019 2:00 PM Amendment to Inmates Food Services Contract Department:Richmond County Correctional Institution Department:Richmond County Correctional Institution Caption:Motion to approve Amendment to the Inmates Food Services Contract with Trinity Food Services Group, Inc. (Approved by Public Safety Committee September 24, 2019) Background:In January 2016, the City of Augusta entered into a contractual agreement with Trinity Food Services Group, Inc. to manage the Inmates Food Services at the Richmond County Correctional Institution. Contract expired in June 2019. The vendor (Trinity Food Services Group, Inc.) agreed and the City approved an extension to the terms of the contract through August 31, 2019 until the current on-going RFP process is completed. Negotiations for the current RFP- (#19-220) have recently been completed, and Trinity Food Services Group, Inc. has agreed to amend the contract again until the new vendor starts on November 1, 2019. Analysis:Approval of this amendment will allow continual operation of the Inmates' Food Services. Financial Impact: Alternatives: Recommendation:Recommend approval of the amendment Funds are Available in the Following Accounts: 101033211/5317110 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission -1- OPERATING AGREEMENT - FOOD SERVICE This OPERATING AGREEMENT (the “Agreement”) is made as of November 1, 2019 (the “Effective Date”) by and between Augusta, Georgia, a consolidated government, with offices at 535 Telfair Street, Augusta, GA 30901 (the “County”), and Aramark Correctional Services, LLC, a Delaware limited liability company, having a place of business at 2400 Market Street, Philadelphia, Pennsylvania 19103 (“Aramark”). W I T N E S S E T H: 1. GRANT: The County hereby grants to Aramark the exclusive right to provide food service for the County’s inmates, staff and visitors at the Augusta-Richmond County Correctional Institution located at 2314 Tobacco Road, Augusta, GA 30906 (the “Facility”). Aramark hereby agrees to furnish nutritious, wholesome, and palatable food to such inmates, staff and visitors in accordance with this Agreement. The food service shall meet all current standards as established by: A. The American Correctional Association. B. The Food and Nutritional Board of the National Academy of Sciences as prescribed for inmates. C. The State of Georgia. 2. OPERATIONAL RESPONSIBILITIES: A. Facilities And Equipment: The County shall, at its expense, provide Aramark with adequate preparation kitchen, office and storage facilities at the Facility, completely equipped and ready to operate, together with such heat, refrigeration and utilities services (including telephone and internet service) as may be reasonably required for the efficient performance of the Agreement. The County shall furnish building maintenance services for the Facility and shall provide preventive maintenance and equipment repairs and replacements for the County-owned equipment. The County shall furnish and maintain an adequate inventory of serviceware, thermal tray and delivery equipment, pots, pans, beverage containers and utensils at the Facility. Should the County fail to provide the equipment, repair, maintenance and replacement services or supplies described in this Section, after notice from Aramark to do so, Aramark may, in its discretion and at its option, choose to provide, and bill the County for, such equipment, repair, maintenance and replacement services or supplies. In that event, the County shall pay for such equipment, repair, maintenance and replacement services or supplies at the prices billed by Aramark. Such prices shall be competitive with the cost of obtaining such products or services from an independent source in the open market. -2- B. Emergency Plan: Aramark shall submit a contingency emergency plan to provide for meal service in the event of a Force Majeure (hereinafter defined) within 60 days after the commencement of operations. In the event of a Force Majeure, the County shall assist Aramark by permitting reasonable variations in Aramark’s menu cycle and service methods. However, Aramark shall not be relieved of its responsibility to provide meal service under the terms of this Agreement. Additional costs, if any, incurred in providing service in the event of a Force Majeure shall be borne by the County. The term “Force Majeure” means any war, riot or other disorder, strike or other work stoppage, act of terrorism, fire, flood, or any other act not within the control of the party whose performance is interfered with, and which, by reasonable diligence, such party is unable to prevent. C. Meal Delivery: Facility personnel shall receive meals at the County kitchen, shall transport such meals to appropriate areas, and shall return all trays and delivery equipment to Aramark at the County kitchen, in a timely manner. D. Food Products And Cleaning Supplies: Aramark shall purchase and pay for all food products and kitchen cleaning supplies. Products purchased for use in the food service operation shall be the property of Aramark. The County shall be responsible for providing maintenance supplies and for maintaining kitchen appliances and equipment at the County’s expense. Aramark shall purchase all food products from USDA inspected plants that are approved as strictly complying with food safety standards. All food products purchased have a manufacturer’s and distributor’s assurance of safe handling. Food products are reviewed and approved by Aramark’s registered dietitians to ensure that the food products meet inmate acceptability and nutritional standards. E. Portion Size Requirements: All entrée portions listed on the menu that are purchased fully cooked, within the manufacturer’s tolerance specifications, are based on weight measurements prior to reheating. Casserole portions and entrée portions made from scratch are based upon weight measurements after the food has been cooked according to standardized recipes. F. Menu: The menu served at the Facility may be modified in any way by mutual agreement of the parties. G. Sanitation: Aramark shall be responsible for daily cleaning and housekeeping in the food preparation, service, receiving and storage areas, and shall, on a continuing basis, maintain high standards for sanitation. The County shall provide janitorial services outside the kitchen facilities provided to Aramark. The County shall clean the vents and ductwork leading to the roof from food preparation areas. The County shall be responsible for extermination services and the removal of trash and garbage from the designated food service area. -3- H. Personnel: Aramark shall provide on-site management and supervisory personnel, and from its regional and headquarters locations, administrative, dietetic, purchasing, equipment consulting and personnel advice and supervision. The County shall provide inmate workers at the Facility kitchen. The number of inmates required shall be determined by the County liaison and Aramark’s district manager prior to the commencement of operations. Such inmates shall be assigned duties in the food service operation that may include sanitation, food preparation and production, and storeroom functions. The County acknowledges that Aramark has invested considerable amounts of time and money in training its management and supervisory employees in systems, procedures, methods, forms, reports, formulas, computer programs, recipes, menus, plans, techniques and other valuable information which is proprietary and unique to Aramark’s manner of conducting its business and that such information is available, on a confidential basis, to Aramark’s management and supervisory employees. Therefore, the County agrees that management and supervisory employees of Aramark shall neither be hired by the County for the term of this Agreement and twelve (12) months thereafter, nor shall the County permit management and supervisory employees of Aramark to be employed on the County’s premises for a period of twelve (12) months subsequent to the termination of this Agreement (unless such employees were formerly employees of the County). For the purpose of this prohibition, “management and supervisory employees” shall be defined as those persons who have directly or indirectly performed management or professional services on the County’s premises at any time during the twelve (12) month period immediately preceding termination of this Agreement. In addition, the County agrees that if it violates the conditions set forth in the immediately preceding paragraph, then the County shall pay to Aramark, and Aramark shall accept as liquidated damages and not as a penalty for such breach, an amount equal to two times the annual salary of each Aramark management or supervisory employee hired by the County or allowed to work on the County’s premises in violation of the terms of this Agreement. The County retains the right to thoroughly investigate any current or prospective employees assigned to the Facility, subject to applicable Federal, state and local laws and regulations, including but not limited to, the Federal Polygraph Protection Act, as amended. If Aramark incurs any costs, including legal fees, retroactive wages and damages, as a result of any personnel action taken by the County or by Aramark at the direction of the County, which Aramark would not have taken but for the County’s direction, the County shall reimburse Aramark for such costs. I. Equal Employment Opportunity: Aramark and the County mutually agree that they shall not discriminate against any employee or applicant for employment or on any matter directly or indirectly related to employment, because of race, color, religion, sex, sexual orientation, national origin, physical or mental handicap where not relevant to the job, height, weight, age, marital status, or other criteria made illegal by state or federal law or the County policy. In addition, Aramark agrees to take affirmative steps to ensure that applicants are employed, and that employees are treated, during employment, without regard to the criteria listed above. -4- J. Insurance: Aramark shall provide and maintain the following insurance coverage: Worker’s Compensation insurance as required by law. Comprehensive General (Public) Liability to include (but not be limited to) the following: Premises/operation; independent contractors; bodily injury; products/completed operation; contractual liability with a combined single limit for bodily injury and property damage of $1,000,000.00 per occurrence. Aramark may satisfy these requirements through a combination of primary and excess coverage. The County and Aramark waive any and all right of recovery from each other for property damage or loss of use thereof, howsoever occurring. This waiver shall include, but not be limited to, losses covered by policies of fire, extended coverage, boiler explosion and sprinkler leakage. This waiver shall not apply to claims for personal injury or death. Any insurance coverage (additional insured or otherwise) that Aramark provides for the County, its officers, employees, agents and servants shall only cover liability assumed by Aramark in this Agreement; such insurance coverage shall not cover liability in connection with or arising out of the wrongful or negligent acts or omissions of the County or its officers, employees, agents and servants. K. Hazardous Substances; Pre-Existing Conditions. Aramark has no duty to investigate, detect, prevent, handle, encapsulate, remove, or dispose of, and will have no responsibility to the County or others for any exposure of persons or property to, asbestos, lead, fuel storage tanks or contents, indoor air pollutants or contaminants, poor air quality, or hazardous, toxic, or regulated waste substances, mold, fungi, mildew, pollutants, or contaminants (collectively, the “Hazardous Substances”) at the Facility or the surrounding premises. The County will comply with all applicable federal, state, and local laws and regulations, which have been or will be enacted during the term of this Agreement, regarding such Hazardous Substances on the County’s premises. The County will inform Aramark of the presence of such Hazardous Substances and acknowledges that Aramark employees will not be required to work in any location where they could be exposed to such Hazardous Substances. Aramark has advised the County that it does not provide or assume any responsibility to monitor or remediate mold, fungi, mildew, indoor air quality or any similar conditions, and that all determinations and corrective actions regarding mold, fungi, mildew, indoor air quality and any similar conditions shall be made by the County or a third party retained by the County. In no case will any Aramark employee act in the capacity of a “Designated Person” (within the meaning of the Asbestos Hazard Emergency Response Act, “AHERA”), which duties remain solely with the County. Aramark will not be responsible for any conditions that existed in, on, or upon the Facility before the commencement date of this Agreement (“Pre-Existing Conditions”), including, without limitation, environmental impairments, and other conditions. -5- L. Indemnification: Aramark agrees to indemnify, defend and hold harmless the County from and against any and all losses, injuries, demands, expenses, or reasonable attorney’s fees, arising out of or resulting from claims or actions for bodily injury, death, sickness, property damage, or other injury or damage if caused by the negligent act or omission of Aramark. M. Damages: Aramark’s liability hereunder shall not under any circumstances exceed the greater of (a) two (2) percent of the net revenue received by Aramark pursuant to this Agreement during the twelve (12) months prior to the applicable claim or (b) the actual proceeds of insurance (not to exceed the maximum limits of insurance required by Section 2.J.), less any applicable deductible. In no event will either party be liable to the other party for any loss of business, business interruption, consequential, special, indirect or punitive damages. N. Compliance With Laws: Each party hereto shall comply with all statutes, lawful ordinances, regulations and requirements, federal, state, and local applicable to their activities hereunder. The County shall provide reasonable and adequate physical security at all times for Aramark employees, suppliers, management and other authorized visitors. O. License, Fees, Permits, And Taxes: Aramark shall secure and pay for all federal, state and local licenses, permits and fees required for the food service operation. The County represents and warrants that it is a tax-exempt entity and, further, agrees to provide evidence of its tax-exempt status to Aramark upon request. The County further agrees to notify Aramark promptly in the event of a change in its tax-exempt status. In the event that a determination is made by a government authority that any sales, purchases, payments or use of property made to or by Aramark under this Agreement, either in whole or in part, is subject to any sales, use, gross receipts, property or any similar tax which tax was not contemplated by the parties at the commencement of operations hereunder, the full amount of any such tax liability, together with any interest paid by Aramark, shall be invoiced by Aramark and shall be reimbursed by the County, notwithstanding the fact that this Agreement may have expired or been terminated for any reason by either party prior to the date of such determination. 3. FINANCIAL AND ACCOUNTING ARRANGEMENTS: A. Meal Service and Prices: Aramark shall provide meals to the County’s inmates, staff and visitors at the per meal prices set forth in Attachment A. Aramark will provide, at no additional cost, a lacto-ovo vegetarian and/or vegan diet for all religious requests from the administrative or religious authority. Other religious meals requested by the administration or religious authority, such as prepackaged meals, shall be provided at a price to be mutually agreed in advance. The County shall notify Aramark of the actual number of meals ordered each day at a mutually agreed upon time prior to meal service, and the County shall make additions or deletions to such order within a mutually agreed upon time prior to meal service. When the initial notice of meals ordered is not given timely, Aramark shall prepare and will be paid for the same number of meals as prepared for the previous day. -6- B. Price Adjustments: The per meal prices stated in this Agreement are firm for the period beginning on the Effective Date and ending on September 30, 2020. Per meal prices for each subsequent 12-month period shall be increased on each anniversary of the Effective Date by an amount to be mutually agreed upon and set forth in an amendment to this Agreement in the form attached hereto as Attachment B; provided, however, that in the event no agreement is reached with respect to such increase, per meal prices shall be increased as further set forth below by the greater of the (a) yearly percentage change in the Consumer Price Index, All Urban Consumers, U.S. City Average, Food Away From Home Index (“CPI-FAH”), published by the U.S. Department of Labor and (b) the yearly percentage change in the Market Basket of Products (as defined below) which approximate the products served at the facilities covered by this Agreement (the “Client Menu”). The period for determining CPI-FAH and Market Basket of Products increases shall be July of the immediately preceding year to July of the then-current year (the “Base Period”). As set forth on the sample client statement attached as Attachment C, a copy of which shall be provided prior to implementing any price adjustments pursuant to this section, the “Market Basket of Products” represents categories or types of products that are generally used in the Client Menu. Such products are classified into the following six categories of food items (each, a “Menu Category”): beverage (composed of juice and non-alcoholic drinks other than milk); baked goods; produce (composed of fruits and vegetables); dairy; meat; and grocery items (composed of the food items in the menu that are not otherwise included in one of the preceding categories). Each Menu Category will be ascribed a percentage (the “Category Weighting”) representing the proportion of the Client Menu that such Menu Category approximately represents based on purchasing levels during the Base Period. Each Category Weighting will then be multiplied by the percentage change in the corresponding Bureau of Labor Statistics (“BLS”) category compiled by the U.S. Department of Labor and published at www.bls.gov for the Base Period, and the results of each such calculation will be added together to arrive at the overall percentage change which will represent the Market Basket of Products. For the avoidance of doubt, the BLS categories to be multiplied by the Category Weightings are (1) Beverage, All Urban Consumers, U.S. City Average; (2) Baked Goods, All Urban Consumers, U.S. City Average; (3) Produce, All Urban Consumers, U.S. City Average; (4) Dairy, All Urban Consumers, U.S. City Average; (5) Meat, All Urban Consumers, U.S. City Average; and (6) Food, All Urban Consumers, U.S. City Average. In the event that there are any changes in the method in which the BLS reports its annual statistics, including any changes or modifications to any of the applicable BLS categories, the parties agree to negotiate a mutually agreeable modification to the appropriate Market Basket of Products category or categories or the methodology described above. If the parties do not agree on such a modification, Aramark shall have the right to terminate the Agreement upon 90 days’ prior written notice. The Market Basket of Products is designed to approximate price adjustments with product cost increases at the facility or facilities covered by this Agreement. The Market Basket of Products is an estimate of food costs only and actual costs may vary. While the Menu Categories attempt to approximate the products served at the facility or facilities covered by this Agreement, they may not precisely parallel actual usage or the BLS categories listed above. Please refer to Attachment C for an example of the Market Basket of Products calculation. -7- C. Additional Services: Food, beverage and other services required or desired by the Facility outside the scope of this Agreement (including Fresh Favorites) shall be provided by Aramark upon written authorization by the County and/or Sheriff at mutually agreed upon prices for such services. D. Initial Four-Week Payment: Prior to the commencement of operations hereunder, Aramark shall submit to the County an invoice for an amount equal to the estimate of Aramark’s total meal billings for one (1) four-week accounting period (the “Initial Payment”). Prior to each anniversary of the commencement of operations hereunder, Aramark shall submit to the County an invoice in an amount equal to the increase, if any, or a credit memo for the decrease, if any, in such Initial Payment from the amount previously billed. The foregoing payments shall be retained by Aramark and credited to the County at the time of the last billing made by Aramark to the County at the termination of this Agreement. E. Billing: Aramark shall submit to the County on the first day of every week, for the preceding week an invoice for inmate/staff meals ordered or served, whichever is greater, and other goods or services provided by Aramark, if any. The invoice shall reflect the preceding week’s food services detailing the greater of the number of meals served or ordered on a daily basis as follows: 1. Adult inmate meals 2. Staff/visitor meals 3. Any additional food, beverage or other services, as required Aramark shall provide the County with a comprehensive monthly summary of meals, services and credits. This summary shall be forwarded to the County Administrator or his designee each month. F. Manner Of Payment: Payment shall be made by check payable to Aramark Correctional Services, LLC within thirty (30) days after the invoice date. Such payment shall be sent to the address listed in the invoice. Payments only shall be sent to this address, all other correspondence shall be sent to the address set forth in Section 9 hereof. If any invoices are not paid within thirty (30) days of the invoice date, interest shall be charged on each invoice at One Hundred Twenty-Five Percent (125%) of the Prime Interest Rate per annum on the unpaid balance (or in the event local law prohibits the charging of such rate, interest shall be charged at the maximum legal rate permitted), computed from the invoice date until the date paid. The term “Prime Interest Rate” shall mean the interest rate published in The Wall Street Journal as the base rate on corporate loans posted by at least Seventy-Five Percent (75%) of the thirty (30) largest U.S. commercial banks, such rate to be adjusted on the last day of each Aramark accounting period. -8- The right of Aramark to charge interest for late payment shall not be construed as a waiver of Aramark’s right to receive payment of invoices within thirty (30) days of the invoice date. In the event that Aramark incurs legal expense in enforcing its right to receive timely payment of invoices, the County agrees to pay reasonable attorney’s fees and other costs. 4. MATERIAL ADVERSE CHANGE: The financial arrangements in this Agreement are based on conditions existing as of the Effective Date including any representations regarding existing and future conditions made by County in connection with the negotiation and execution of this Agreement. If such conditions change due to causes beyond Aramark’s control, including, but not limited to, a change in the scope of Aramark’s services; menu changes; a decrease in the Facility’s inmate population or the availability of inmate labor; efforts to organize labor; increases in food, fuel, equipment, utilities, supply, and labor costs; Federal, State and local sales, and other taxes and other operation costs; a change in Federal, State and local standards, requirements recommendations, and regulations including any applicable Child Nutrition Programs; or other unforeseen external market conditions outside Aramark’s control, then Aramark shall give County written notice of such increase or change, and within thirty (30) calendar days after such notice, Aramark and County shall mutually agree upon modification(s) to offset the impact of the increase or change, which modifications may include any or a combination of the following: an adjustment to Aramark’s price per meal, modifications to the menu, or modifications to Aramark’s scope of services. 5. ACCESS AND RECORDS: Aramark will maintain accurate books and records in connection with the food service operation and shall retain such records for thirty-six (36) months after the close of the federal fiscal year (October 1, through September 30). 6. TERM OF AGREEMENT: The initial term of this Agreement shall commence on November 1, 2019, and shall continue through October 31, 2020. By mutual agreement, this Agreement may be renewed for three (3) additional one-year periods. Thereafter, the County and Aramark may extend this Agreement for additional periods of twelve (12) months each, provided that the services to be provided, and the prices thereof, for the extension period, have been mutually agreed upon by the County and Aramark. 7. TERMINATION: A. Termination For Convenience: Either party may terminate this Agreement for convenience, at any time during the term or any renewal or extension, upon ninety (90) days notice to the other party. B. Termination For Default: Either party may terminate this Agreement upon a breach or default of this Agreement by the other party, which is not cured within thirty (30) days after receipt by the defaulting party of a notice from the non-defaulting party, specifying the nature of such breach or default. -9- C. Consequences Of Termination: If this Agreement is terminated under any circumstances, the County shall pay Aramark for all inmate and staff meals, and other services, provided by Aramark to and including the date of termination, at the prices and within the payment periods set forth in this Agreement. The County’s obligation to pay for meals and services provided shall survive the termination or expiration of this Agreement. 8. NOTICE: All notices or other communication hereunder shall be deemed to be duly given when made in writing and delivered in person or deposited in the United States mail, postage prepaid, certified mail, return receipt requested and addressed to the party at its respective address first set forth above, or such other address as it may designate, by notice given as aforesaid. 9. CONFLICTS OF INTEREST: Aramark covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with performance of this Agreement and no person having any such interest shall be employed. In addition, no officer, agent or employee of the County and no member of its governing body shall participate in any decision relating to this Agreement which affects his/her personal interest or any corporation, partnership, association which he/she is directly or indirectly interested or has any personal or pecuniary interest. 10. CONFIDENTIAL INFORMATION: All financial, statistical, operating and personnel materials and information, including, but not limited to, software, technical manuals, recipes, menus and meal plans, policy and procedure manuals and computer programs relative to or utilized in Aramark’s business (collectively, the “Aramark Proprietary Information”) are and shall remain confidential and the sole property of Aramark and constitute trade secrets of Aramark. The County shall keep all Aramark Proprietary Information confidential and shall use the Aramark Proprietary Information only for the purpose of fulfilling the terms of this Agreement. The County shall not photocopy or otherwise duplicate any materials containing any Aramark Proprietary Information without the prior written consent of Aramark. Upon the expiration or any termination of this Agreement, all materials containing any Aramark Proprietary Information shall be returned to Aramark. 11. ASSIGNMENT: Aramark may not assign this Agreement without the County’s prior written consent (not to be unreasonably withheld, conditioned or delayed), except that Aramark may assign this Agreement, in its sole discretion, to any of its affiliates without any consent being required. The term “affiliate” means any corporation, limited liability company or any other person controlling, controlled by or under common control with, Aramark. 12. PRESS RELATIONS: Aramark shall coordinate with the County Sheriff or Facility Administrator on any and all press or media releases. 13. PUBLICITY RIGHTS: Neither Aramark nor County shall disclose the terms of this Agreement to any other person or entity outside its organization other than as required by law. Neither County nor Aramark and its Affiliates shall, without the other Party’s consent, use the other Party’s name, logo, trademark or otherwise refer to or identify the other Party in any -10- publicity matters relating to the Services. Notwithstanding the foregoing, both Parties and their respective Affiliates may, without prior consent of the other Party, use that Party’s name or logo and the existence of this Agreement in connection with earnings calls or similar matters with their respective investors or analysts as well as communications to prospective clients (if applicable) and for use in such Party’s marketing materials. 14. ENTIRE AGREEMENT: This Agreement represents the entire agreement and understanding between the County and Aramark and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the County and Aramark. 15. SEVERABILITY: If any provision hereof or the application thereof to any person or circumstance is held to any extent, to be void, invalid or unenforceable, the remainder of this Agreement, and the application of such provision to other persons or circumstances, shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. 16. WAIVER: The failure of Aramark or the County to exercise any right or remedy available under this Agreement upon the other party’s breach of the terms, covenants and conditions of this Agreement or the failure to demand the prompt performance of any obligation under this Agreement shall not be deemed a waiver of such right or remedy; or the requirement of punctual performance; or of any subsequent breach or default on the part of the other party. 17. COUNTERPARTS; PDF AND FACSIMILE SIGNATURES. This Agreement may be executed in counterparts, each of which shall be an original, but all of which shall constitute one, and the same, document. Signatures of the Parties may be exchanged by pdf or facsimile, and such pdf or facsimile signature pages shall be deemed originals in all respects. It shall not be necessary in making proof of this Agreement or any counterpart to produce or account for any of the other counterparts. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written. [NO FURTHER TEXT ON THIS PAGE; SIGNATURES FOLLOW] -11- Aramark Correctional Services, LLC Augusta, Georgia State of Georgia By: Mark R. Adams Vice President, Finance By: Hardie Davis, Jr. Mayor 550477.3 Attachment A Augusta, Georgia Effective November 1, 2019 through October 31, 2020 Population Range Price per Meal* 195-215 $1.60 215-225 $1.537 225-230 $1.515 *The price for operation of the kitchen is based on a “Price Per Meal” per inmate multiplied by the number of meals served. Price structure may be based on a sliding scale depending on the current population range. 550477.3 FORM OF AMENDMENT FOR IMPLEMENTING MARKET BASKET INCREASES Attachment B Amendment No. __ to Operating Agreement THIS AMENDMENT NO. __ (the “Amendment”), is entered into this_____ day of ___________, 20__ by and between ____________________, with offices at ____________________ (“__________”), and Aramark Correctional Services, LLC, a Delaware limited liability company, having its principal place of business located at the Aramark Tower, 1101 Market Street, Philadelphia PA 19107 (“Aramark”). WHEREAS, _________ and Aramark entered into an ___________ dated _____________ for the management of the food service operation at _____________ (as amended, the “Agreement”); WHEREAS, the parties acknowledge the need to address volatility in the cost of food commodities; and WHEREAS, the parties desire to amend the provisions of the Agreement as follows, effective _____________. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as set forth below. Capitalized terms used but not defined in this Amendment have the meanings ascribed to such terms in the Agreement. 1. Price Adjustment: In accordance with [Paragraph __ of Amendment No. __ to the Agreement][Paragraph __ of the Agreement], the parties agree that the price per meal charged to __________ by Aramark shall be changed as set forth on Attachment A as a result of [changes in the Consumer Price Index][changes in the Market Basket of Products][mutual agreement of the parties]. This price shall be effective from ____________, 20__ through ____________, 20__. , and shall supersede in all respects the price per meal set forth in Paragraph [__] of the Agreement or in any other prior agreements between the parties. 2. Release: The methodology used to determine the price increase above, including the Category Weighting percentages ascribed to each Menu Category, has been reviewed and accepted by the parties. By their execution of this Amendment, each party hereby waives and releases any and all claims it may have based upon or arising out of any such methodology (including the elements thereof) used to calculate the price per meal as set forth in this Amendment, and further agrees not to bring any action, suit or proceeding challenging such methodology or calculation. 3. Except as specifically set forth herein, all other terms and provisions of the Agreement shall remain unaffected by this Amendment and continue in full force and effect IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. __ to be signed by their duly authorized representatives the day and year first written above. Aramark Correctional Services, LLC [___________________________] By: _________________________ By: _________________________ Mark R. Adams Vice President Finance 550477.3 Attachment C Sample Client Statement - Market Basket of Products Calculation XYZ County Exhibit Market Basket Price Redetermination Statement Period Ended Current Month xxth, 2009 CATEGORY Menu Weighting Current Month Category CPI % Weighted CPI % Baked Goods 12.62% 8.83% 1.11% Beverage 5.68% 4.71% 0.27% Dairy 12.51% -5.00% -0.63% Grocery * 23.32% 4.80% 1.12% Produce 17.15% 1.00% 0.17% Protein 28.73% 5.20% 1.49% TOTAL 100.00% 3.54% Current Month CPI Food Away from Home Index 4.76% Greater of Market Basket to Current Month CPI - Food Away from Home 4.76% XYZ County Exhibit Market Basket Price Redetermination Statement Period Ended Current Month xxth, 2009 CATEGORY Menu Weighting Current Month Category CPI % Weighted CPI % Baked Goods 12.62% 8.83% 1.11% Beverage 5.68% 4.71% 0.27% Dairy 12.51% 6.00% 0.75% Grocery * 23.32% 4.80% 1.12% Produce 17.15% 1.00% 0.17% Protein 28.73% 5.20% 1.49% TOTAL 100.00% 4.92% Current Month CPI Food Away from Home Index 4.76% Greater of Market Basket to Current Month CPI - Food Away from Home 4.92% Notes § * This category includes all menu items that are not otherwise included in another Menu Category. ARAMARK applies the BLS CPI Food index to the “Grocery” Menu Category for the calculation. The “Food” index encompasses the items in all Menu Categories in addition to food items not used at the facility or facilities covered by this Agreement. Commission Meeting Agenda 10/1/2019 2:00 PM Professional Management of Inmates' Food Services Department:Richmond County Correctional Instition Department:Richmond County Correctional Instition Caption:Motion to approve award of the Professional Management of (RCCI's) Inmates' Food Services to Aramark Correctional Services, LLC effective November 2019 subject to receipt of signed contract. RFP #19-220 (Approved by Public Safety Committee September 24, 2019) Background:Current contact with Trinity Services Group, Inc. expired in January 2019; A request for proposal (RFP #19-220) was completed in March 2019 and three (3) vendors: (Aramark Correctional Services, LLC, Summit Food Services, LLC, and Trinity Services Group, Inc.) responded. Analysis:A committee was formed to select a vendor. Selection was based on: Management Structure, Responsiveness to tasks, Prior Experience & Personnel and Cost and Price Analysis. Aramark Correctional Services, LLC was the selected vendor. Financial Impact:Aramark Correctional Services, LLC will manage the entire Food Services operation of the institution to include inventory, sanitation, food prep etc., at a rate of $1.51 per meal per inmate. The annual average cost will be $350,072. Alternatives:None Recommendation:Request approval for one (1) year with three (3) additional one (1) year option contract with Aramark Correctional Services, LLC. Funds are Available in the Following Accounts: 101033211/5317110 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 10/1/2019 2:00 PM Adoption of Flood Insurance Rate Maps (FIRMs) and Flood Insurance Studies (FISs) Department:Planning and Development Department:Planning and Development Caption:Motion to adopt Flood Insurance Rate Maps (FIRMs) and Flood Insurance Studies (FISs) reflecting proposed flood hazard determinations within Augusta, GA (and the jurisdictions of Blythe and Hephzibah) issued by the Department of Homeland Security’s (DHS’s) Federal Emergency Management Agency (FEMA). The effective date of the most recent Flood Insurance Rate Maps (FIRMs) and Flood Insurance Studies (FISs) for Augusta, GA is November 15, 2019. In keeping with the City of Augusta’s participation in the National Flood Insurance Program (NFIP) and the Community Rating System (CRS), adoption of Flood Insurance Rate Maps (FIRMs) and Flood Insurance Studies (FISs) reflecting proposed flood hazard determinations within Augusta, GA (and the jurisdictions of Blythe and Hephzibah) issued by the Department of Homeland Security’s (DHS’s) Federal Emergency Management Agency (FEMA). (Approved by Engineering Services Committee September 24, 2019) Background:The Department of Homeland Security’s (DHS’s) Federal Emergency Management Agency (FEMA) has issued updated Flood Insurance Rate Maps (FIRMs) and Flood Insurance Studies (FISs) reflecting updated flood hazard determinations within Augusta, GA (and the jurisdictions of Blythe and Hephzibah). The updated Flood Insurance Rate Maps (FIRMs) and Flood Insurance Studies (FISs) are due to become effective November 15, 2019. These flood hazard determinations may include the addition or modification of Base Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or additions or modifications to the regulatory floodway. A companion agenda item is requesting adoption of the updated Augusta’s Flood Damage Prevention Ordinance which also must be adopted prior to the effective date of the updated Flood Insurance Rate Maps (FIRMs), which is November 15, 2019. The update to the Flood Damage Prevention Ordinance include: revisions as required by the State Model Flood Damage Prevention Ordinance, additions to clarify language in the text, and additional revisions to reduce flood risk, in keeping with the City of Augusta’s participation in the National Flood Insurance Program (NFIP) and the Community Rating System (CRS). Analysis:The National Flood Insurance Program (NFIP) was established with the passage of the National Flood Insurance Act of 1968. The NFIP is a Federal program enabling property owners in participating communities to purchase insurance as a protection against flood losses in exchange for State and community floodplain management regulations that reduce future flood damages. Adoption of a local Flood Damage Prevention Ordinance and adoption of Flood Insurance Rate Maps (FIRMs) and Flood Insurance Studies (FISs) issued from the Department of Homeland Security’s (DHS’s) Federal Emergency Management Agency (FEMA) is required for participation in the National Flood Insurance Program and the Community Rating System (CRS). Financial Impact:There is no financial impact associated with adopting updated Flood Insurance Rate Maps (FIRMs) for Augusta. Alternatives:If Augusta’s does not adopt the Flood Insurance Rate Maps (FIRMs) and Flood Insurance Studies (FISs) reflecting proposed flood hazard determinations within Augusta, GA (and the jurisdictions of Blythe and Hephzibah) issued by the Department of Homeland Security’s (DHS’s) Federal Emergency Management Agency (FEMA) and the updated Flood Damage Prevention Ordinance is not adopted prior to the effective date of the Flood Insurance Rate Maps (FIRMs) and Flood Insurance Studies (FISs), Augusta will be suspended from the National Flood Insurance Program (NFIP). The following sanctions apply if Augusta is suspended from the NFIP: • Property owners will not be able to purchase National Flood Insurance Program (NFIP) flood insurance policies and existing policies will not be renewed. • Federal grants or loans for development will not be available in identified flood hazard areas under programs administered by Federal agencies such as the Department of Housing and Urban Development (HUD), the Environmental Protection Agency (EPA), and the Small Business Administration (SBA). • Federal disaster assistance will not be provided to repair insurable buildings located in identified flood hazard areas for damage caused by a flood. • Federal mortgage insurance or loan guarantees will not be provided in identified flood hazard areas such as those written by the Federal Housing Administration (FHA) and the Department of Veteran Affairs (VA). • Federally insured or regulated lending institutions, such as banks and credit unions, are allowed to make conventional loans for insurable buildings in flood hazard areas of non- participating communities, which included communities on suspension from the NFIP. However, the lender must notify applicants that the property is in a flood hazard area and that the property is not eligible for Federal disaster assistance. Some lenders may voluntarily choose not to make these loans. If Augusta is suspended from the National Flood Insurance Program (NFIP), it may regain its eligibility in the National Flood Insurance Program (NFIP), by enacting the floodplain management measures established in 44 CFR Section 60.3 of the National Flood Insurance Program (NFIP) regulations. If development takes place in Augusta during suspension that does not meet the minimum National Flood Insurance Program (NFIP) requirements, Augusta will be asked to take actions to reduce the increased flood hazard prior to reinstatement. Recommendation:Approve Adoption of Flood Insurance Rate Maps (FIRMs) and Flood Insurance Studies (FISs) reflecting proposed flood hazard determinations within Augusta, GA (and the jurisdictions of Blythe and Hephzibah) issued by the Department of Homeland Security’s (DHS’s) Federal Emergency Management Agency (FEMA), in keeping with the City of Augusta’s participation in the National Flood Insurance Program (NFIP) and the Community Rating System (CRS). Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission 1 ORDINANCE NO._______ An Ordinance to amend Title Eight, Chapter 1, Article 1 of the Augusta GA Code entitled “Flood Damage Prevention” to provide for revisions as required by the State Model Flood Damage Prevention Ordinance, additions to clarify language in the text, and additional revisions to reduce flood risk, in keeping with the City of Augusta’s participation in the National Flood Insurance Program (NFIP) and the Community Rating System (CRS) TITLE EIGHT PLANNING & ZONING CHAPTER 1 FLOOD DAMAGE PREVENTION ARTICLE 1 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, AND OBJECTIVES § 8-1-1. STATUTORY AUTHORIZATION. Article IX, Section II of the Constitution of the State of Georgia and Section 36-1-20(a) of the Official Code of Georgia Annotated have delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Augusta Commission of Augusta, Georgia does ordain the provisions of this Chapter: § 8-1-2. FINDINGS OF FACT. (a) The flood hazard areas of Augusta, Georgia are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood relief and protection, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (b) These flood losses are caused by the occupancy in flood hazard areas of uses vulnerable to floods, which are inadequately elevated, floodproofed, or otherwise unprotected from flood damages, and by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities. 2 § 8-1-3. STATEMENT OF PURPOSE. It is the purpose of this Chapter to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (a) restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which increase flood heights, velocities, or erosion; (b) require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (c) control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (d) control filling, grading, dredging, and other development which may increase flood damage or erosion, and; (e) prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. § 8-1-4. OBJECTIVES. The objectives of this Chapter are: (a) to protect human life and health; (b) to minimize expenditure of public money for costly flood control projects; (c) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (d) to minimize prolonged business interruptions; (e) to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in floodplains; (f) to help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize flood blight areas; and (g) to insure that potential home buyers are notified that property is in a flood area. § 8-1-5. - - 8-1-9. RESERVED. 3 ARTICLE 2 DEFINITIONS § 8-1-10. SPECIFIC DEFINITIONS. Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application: 0.2% Annual Chance Flood Elevation. The water surface elevation resulting from a flood that has a 0.2 percent change of equaling or exceeding that level in any given year. 0.2% Annual Chance Floodplain. The land within a community subject to a 0.2 percent or greater chance of flooding in any given year Accessory Structure. A structure which is on the same parcel of property as the principal structure and the use of which is incidental to the use of the primary structure. Addition (to an existing building structure). Any walled and roofed expansion to the perimeter of a building structure in which the addition is connected by a common load- bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by an independent perimeter load-bearing wall shall be considered "New Construction". Anchored. Adequately secured to prevent flotation, collapse, and lateral movement. Appeal. A request for a review of the Director's interpretation of any provision of this Chapter or a request for a variance. Areas hydraulically adjacent to the Area of Special Flood Hazard means those areas that are at or below three (3) feet above the base flood elevation, also known as the “flood protection elevation” unless the area is hydraulically independent (meaning absolutely no connection to the flooding source such as through pipes, sewer laterals, down drains, foundation drains, ground seepage, overland flow, gated or valved pipes, excavated and backfilled trenches, etc. with no fill or other manmade barriers creating the separation). Area of shallow flooding. A designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one (1) to three (3) feet, and/or where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Area of Special Flood Hazard. The land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year. In the absence of official designation by the Federal Emergency Management Agency, the Area of Special Flood Hazard shall be those designated by the local community and referenced in Article 3, Section 8-1-17. Base flood. A flood having a one (1) percent chance of being equaled or exceeded in any given year. 4 Base Flood Elevation (BFE). The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that indicates the water surface elevation resulting from a flood that has a one (1) percent change of equaling or exceeding that level in any given year. Basement. That portion of a building structure having its floor subgrade (below ground level) on all sides. Building. Any structure built for support, shelter, or enclosure for any occupancy or storage. See “Structure” City Engineer. The City Engineer for Augusta, GA. Commission. The Augusta Commission Crawlspace. An under-floor space that has its interior floor area (finished or not) no more than five (5) feet below the top of the next-higher floor. Crawlspaces generally have solid foundation walls. Critical Facilities. Any public or private facility, which, if flooded, would create an added dimension to the disaster or would increase the hazard to life and health. Critical facilities include, but are not limited to: (1) structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic, or water-reactive materials; (2) medical facilities, including hospitals, and nursing homes, health care facilities, and housing for the elderly, which are likely to contain occupants who may not be sufficiently mobile to avoid the loss of life or injury during flood and storm events; (3) emergency operation centers, police stations, fire stations, and similar facilities that are needed for flood response activities before, during, and after a flood or storm event; municipal vehicle and equipment storage facilities; municipal data storage center(s) which contain records or services that may become lost or inoperative during flood and storm events; (4) schools and day care centers and any area designated as a shelter or evacuation center; (5) drinking water and wastewater treatment plants; and (6) power generating stations and plants, and other principal points of utility lines. public and private utility facilities that are vital to maintaining or restoring normal services to flooded areas before, during, and after a flood event Development. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, and storage of materials or equipment (both temporary and permanent storage of materials or equipment). Director. The Director of the Augusta Planning & Development Department. Director of Engineering. The Director of the Engineering Department for Augusta, GA. 5 Elevated building. A non-basement building structure built to have the lowest floor of the lowest enclosed area elevated above the ground level by means of fill, solid foundation perimeter walls, posts, pilings, columns, piers, or shear walls adequately anchored so as not to impair the structural integrity of the building structure during a base flood event. Enclosure. That portion of an elevated building below the lowest elevated floor that is either partially or fully shut in by rigid walls. Existing Construction. Any structure for which the "start of construction" commenced before February 15, 1978 for the City of Augusta prior to consolidation and March 4, 1980 for the unincorporated areas of Richmond County prior to consolidation - the effective date of the FIRST Floodplain Management Ordinance adopted by Augusta, GA as a basis for Augusta's participation in the National Flood Insurance Program (NFIP). Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before February 15, 1978 for the City of Augusta prior to consolidation and March 4, 1980 for the unincorporated areas of Richmond County prior to consolidation - the effective date of the FIRST Floodplain Management Ordinance adopted by Augusta as a basis for Augusta's participation in the National Flood Insurance Program (NFIP). Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads. FEMA. The Federal Emergency Management Agency. Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters; or (2) the unusual and rapid accumulation or runoff of surface waters from any source. Flood Hazard Boundary Map (FHBM). An official map of a community, issued by the Federal Insurance Administration, where the boundaries of the Area of Special Flood Hazard have been defined as Zone A. Flood Insurance Rate Map (FIRM). An official map of a community, issued by the Federal Insurance Administration, delineating the Area of Special Flood Hazard and/or risk premium zones applicable to the community. Flood Insurance Study (FIS). The official report by the Federal Insurance Administration evaluating flood hazards and containing flood profiles and water surface elevations of the base flood. Flood Protection Elevation. The elevation of the Base Flood Elevation plus Freeboard. Floodplain or flood-prone area. Any land area susceptible to flooding from any source. 6 Floodproofing. Any combination of structural and non-structural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Floodway or regulatory floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height one foot. Floodway fringe, lower. The portion of the Area of Special Flood Hazard that is located between the limit of the floodway and a line connecting all points half the distance between the floodway and the limit of the Area of Special Flood Hazard. Floodway fringe, upper. The portion of the Area of Special Flood Hazard that is located between the lower floodway fringe and the boundary of the Area of Special Flood Hazard. Floor. The top surface of an enclosed area in a building structure (including basement), i.e. top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles. Foundation walls. Masonry walls, poured concrete walls or precast concrete walls, regardless of height, that extend above grade and support the weight of a structure. Freeboard. An additional amount of height above the Base Flood Elevation used as a factor of safety in determining the level at which a structure's lowest floor must be elevated or floodproofed to be in accordance with State or community floodplain management regulations. Augusta’s freeboard requirement is three (3) feet above Base Flood Elevation (BFE). Functionally dependent facility. A facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long-term storage, manufacturing, sales, or service facilities. Grade (elevation). The lowest or highest finished ground level that is immediately adjacent to the walls of the structure. Highest adjacent grade (HAG). The highest natural elevation of the ground surface, prior to construction, adjacent to the proposed foundation of a building structure. Historic Structure. Any structure that is: (1) listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 7 (3) individually listed on a state inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) individually listed on a local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either: a) By an approved state program as determined by the Secretary of the Interior; or b) directly by the Secretary of the Interior in states without approved programs. Lowest adjacent grade (LAG). The lowest point of the ground level immediately next to a structure. Lowest floor. The lowest floor of the lowest enclosed area, including basement. An unfinished or flood damage-resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building’s structure's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of this Chapter. Lowest floor elevation. The measured distance of a structure's lowest floor above the National Geodetic Vertical Datum (NGVD) or other datum specified on the FIRM for that location. Manufactured home. A building structure, transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. The term “manufactured home” does not include a “recreational vehicle”. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for one hundred and eighty (180) consecutive days or longer and intended to be improved property. Manufactured Home Park or Subdivision. A parcel (or adjacent parcels) of land containing two (2) or more manufactured home lots for rent or sale and which contain facilities for servicing the lots on which the manufactured homes are to be affixed and which also contain internal roads or streets for access to the manufactured homes. Mean Sea Level (MSL). The average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this Chapter, the term is synonymous with National Geodetic Vertical Datum (NGVD). National Geodetic Vertical Datum (NGVD). As corrected in 1929, is a vertical control used as a reference for establishing varying elevations within the floodplain. New construction. (for purposes of determining insurance rates and for floodplain management purposes) ANY structure (see definition) for which the "start of construction" commenced after February 15, 1978 for the City of Augusta prior to consolidation and March 4, 1980 for the unincorporated areas of Richmond County prior to consolidation - the effective date of the FIRST Floodplain Management Ordinance adopted by Augusta, GA as a basis for Augusta's participation in the National Flood Insurance Program (NFIP) - and includes any subsequent improvements to such structure. 8 New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after February 15, 1978 for the City of Augusta prior to consolidation and March 4, 1980 for the unincorporated areas of Richmond County prior to consolidation - the effective date of the FIRST Floodplain Management Ordinance adopted by Augusta, GA as a basis for Augusta's participation in the National Flood Insurance Program (NFIP). No-Rise Certification. Hydrologic and hydraulic analyses performed in accordance with standard engineering practice that any encroachment into the Area of Special Flood Hazard shall not result in any increase in flood levels (flood heights) or floodway widths during a base flood discharge. A registered professional engineer must provide supporting technical data and his / her certification thereof (signature). The supporting technical data should be based on the standard step-backwater computer model used to develop the regulatory floodway shown on the Flood Insurance Rate Map (FIRM). Permit / Development Permit / Flood Permit. The permit issued by Augusta, Georgia prior to the applicant undertaking any development activity. Recreational vehicle (the term also includes park trailers, travel trailers, and similar transportable structures) means a vehicle which is: (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Repetitive Loss. For purposes of this Chapter, flood related damage sustained by a structure on two (2) separate occasions during a ten (10) year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty-five (25) percent of the market value of the structure before the damage occurred. Site. The parcel of land being developed, or the portion thereof on which the development project is located. Start of construction. The date the Development Permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred and eighty (180) days of the permit date. The actual start means the first placement of permanent construction of the structure such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation, and includes the placement of a manufactured home on a foundation. (Permanent construction does not include initial land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of buildings structures appurtenant to the permitted structure, such as garages or sheds not occupied as dwelling units or part of the main structure. (NOTE: Accessory structures are NOT exempt from any ordinance requirements of this Chapter) For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other 9 structural part of a building structure, whether or not that alteration affects the external dimensions of the building structure. Structure. A walled and roofed building that is principally above ground, a manufactured home, or a gas or liquid storage tank. Subdivision. The division of a tract or parcel of land resulting in one (1) or more new lots or building sites for the purpose, whether immediately or in the future, of sale, other transfer of ownership, or land development, and includes divisions of land resulting from or made in connection with the layout or development of a new street or roadway, or a change in an existing street or roadway. Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. Substantial improvement. Any combination of repairs, reconstruction, alteration, or improvements to a building structure, taking place during a five (5) ten (10) year period, in which the cumulative cost equals or exceeds fifty percent of the market value of the structure prior to the improvement. This term also includes any expansion to a structure which entails more than twenty-five (25) percent of the square footage of the structure’s lowest floor before the expansion took place. The market value of the building structure should be: (1) the appraised value of the structure prior to the start of the initial repair or improvement; or (2) in the case of damage, the value of the structure prior to the damage occurring. This term includes structures which have incurred "substantial damage", regardless of the actual amount of repair work performed. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building structure commences, whether or not that alteration affects the external dimensions of the building structure. The term does not, however, include those improvements of a building structure required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, which have been pre- identified by the Code Enforcement Official, and not solely triggered by an improvement or repair project. Substantially improved existing manufactured home parks or subdivisions. Where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds fifty (50) percent of the value of the streets, utilities and pads before the repair, reconstruction, rehabilitation, or improvement commenced. Unfinished (area). An enclosed area that is used for the parking of vehicles, building access, or storage purposes only and that does not meet the definition of a finished (habitable) area. Variance. A grant of relief from the requirements of this Chapter which permits construction in a manner otherwise prohibited by this Chapter. by a community from the terms of its floodplain management regulations (this Chapter). Violation. The failure of a structure or other development to be fully compliant with this Chapter (the community’s floodplain management regulations or what is commonly 10 referred to as the Augusta Flood Ordinance). A structure or other development without the elevation certificate, or other certifications, or other evidence of compliance required by this ordinance is presumed to be in violation until such time as that documentation is provided. Walled and roofed. A structure that has 2 or more exterior rigid walls and a fully secured roof and that is affixed to a permanent site. Zone. A geographical area shown on a Flood Insurance Rate Map (FIRM) that reflects the severity or type of flooding in the area. § 8-1-11. - - 8-1-15. RESERVED. Changed “permanent storage” to “storage” in definition of Development per State Model Flood Ordinance – June 2017 Changed “Executive Director” to “Director” throughout the entire Ordinance – June 2017 Changed numbering of definitions to correct typo – duplicate number – June 2017 ********** Added and updated multiple definitions in Section 8-1-10 – April 2019 Changed numbering of definitions due to added definitions – April 2019 11 ARTICLE 3 GENERAL PROVISIONS § 8-1-16. LANDS TO WHICH THIS CHAPTER APPLIES. This Chapter shall apply to all areas of Special Flood Hazard within the jurisdiction of Augusta, Georgia. § 8-1-17. BASIS FOR ESTABLISHING THE AREA OF SPECIAL FLOOD HAZARD. The Area of Special Flood Hazard, identified by the Federal Emergency Management Agency in its Flood Insurance Study (FIS), dated September 25, 2009, with accompanying maps and other supporting data and any revision thereto, are adopted by reference and declared a part of this Chapter. Area of Special Flood Hazard may also include those areas known to have flooded historically or defined through standard engineering analysis by governmental agencies or private parties but not yet incorporated in a FIS. The Repository for public inspection of the Flood Insurance Study (FIS), accompanying maps and other supporting data is located at 535 Telfair Street, Suite 300, Augusta, GA. § 8-1-18. ESTABLISHMENT OF DEVELOPMENT PERMIT / FLOOD PERMIT A Development Permit / Flood Permit shall be required, in conformance with the provisions of this Chapter, PRIOR to the commencement of any development activities in the Area of Special Flood Hazard or on parcels of land containing the Area of Special Flood Hazard. § 8-1-19. COMPLIANCE. No structure or land shall hereafter be located, extended, converted, or altered without full compliance with the terms of this Chapter and other applicable regulations. § 8-1-20. ABROGATION AND GREATER RESTRICTIONS. This Chapter is not intended to repeal, abrogate, or impair any existing ordinance, easements, covenants, or deed restrictions. However, where this Chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. § 8-1-21. INTERPRETATION. In the interpretation and application of this Chapter all provisions shall be: (a) considered as minimum requirements; (b) liberally construed in favor of the Governing Body, and; 12 (c) deemed neither to limit nor repeal any other powers granted under State statutes. § 8-1-22. WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur; flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the Area of Special Flood Hazard or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of Augusta, GA, the Augusta Commission, and/or the Augusta Planning & Development Department or by any officer or employee thereof for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder. § 8-1-23. ENFORCEMENT AND PENALTIES FOR VIOLATION Violation of the provisions of this Chapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or Special Exceptions shall be reported to the City Engineer Director. Once a violation is evident, the City Engineer Director., acting on behalf of the Augusta Commission, shall be empowered to notify the owner in writing of the apparent violation of this Chapter. The written notice shall direct the owner to cease the development activity until such time as the requirements and procedures of this Chapter have been met. Upon failure of the owner to comply with this notice, the City Engineer Director shall notify the City Attorney of the violation; and the City Attorney shall immediately begin legal procedures in the Superior Court of Richmond County to prevent, enjoin, abate, or remove such violations in addition to injunctive relief. All persons, firms, or corporations failing to comply with the mandatory provisions hereof or doing any act prohibited hereby shall be guilty of an offense and, upon conviction thereof, be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than sixty (60) days, or both, and, in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing contained herein shall prevent the Commission from taking such other lawful action as is necessary to prevent or remedy any violation. § 8-1-24 - - 8-1-28. RESERVED. Revised 8-1-17 to conform to State Model Flood Ordinance – June 2017 Updated Planning and Development Department / Map Repository address in 8-1-17 – June 2017 ********** Revised 8-1-16 to clarify to what areas this Chapter applies – April 2019 Revised 8-1-17 so that Ordinance would not have to be readopted after adoption of the flood maps – April 2019 Revised 8-1-18 to clarify to what areas are required to have a Development Permit per this Chapter – April 2019 13 ARTICLE 4 ADMINISTRATION § 8-1-29. DESIGNATION OF DIRECTOR. The Director of the Augusta Planning & Development Department, or his / her designee, is hereby appointed to administer and implement the provisions of this Chapter. § 8-1-30. PERMIT PROCEDURES. Application for a Development Permit shall be made to the Director on forms furnished by the community PRIOR to any development activities, and may include, but not be limited to the following: plans in duplicate drawn to scale showing the elevations of the area in question and the nature, location, dimensions, of existing or proposed structures, earthen fill placement, storage of materials or equipment, and drainage facilities. Specifically, the following information is required: (a) Application Stage - (1) Elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all proposed structures; (2) Elevation in relation to mean sea level to which any non-residential structure will be floodproofed; (3) Design certification from a registered professional engineer or architect that any proposed non-residential floodproofed structure will meet the floodproofing criteria of Article 5, Section 8-1-44(b); (4) Description of the extent to which any watercourse will be altered or relocated as a result of a proposed development, and; (b) Construction Stage - For all new construction or substantial improvements, the permit holder shall provide to the Administrator a certified as-built FEMA Elevation Certificate or FEMA Floodproofing Certificate of the regulatory floor elevation or floodproofing level immediately after the lowest floor or floodproofing is completed. Any lowest floor certification made relative to mean sea level shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When floodproofing is utilized for non-residential structures, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work undertaken prior to submission of these certifications shall be at the permit holder's risk. The Director shall review the above referenced certification data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being allowed to proceed. Failure to submit certification or 14 failure to make said corrections required hereby, shall be cause to issue a Stop-Work Order for the project. § 8-1-31. DUTIES AND RESPONSIBILITIES OF THE DIRECTOR Duties of the Director, or his / her designee, shall include, but shall not be limited to: (a) Review all Development Permits to assure that the permit requirements of this Chapter have been satisfied; (b) Review proposed development to assure that all necessary permits have been received from governmental agencies from which approval is required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. Require that copies of such permits be provided and maintained on file. (c) Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. (d) When Base Flood Elevation data or floodway data have not been provided in accordance with Article 3, Section 8-1-17, then the Director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or other sources in order to administer the provisions of Article 5. (e) Review and record the actual elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all new or substantially improved structures in accordance with Article 4, Section 8-1-30(b). (f) Review and record the actual elevation, in relation to mean sea level to which any new or substantially improved structures have been floodproofed, in accordance with Article 4, Section 8-1-30(b). (g) When floodproofing is utilized for a structure, the Director shall obtain certification of design criteria from a registered professional engineer or architect in accordance with Article 4, Section 8-1-30(a)(3) and Article 5, Section 8-1-44(b) or Article 5, Section 8-1- 48(b). (h) Make substantial damage determinations following a flood event or any other event that causes damage to structures in flood hazard areas. the Area of Special Flood Hazard. (i) Notify adjacent communities and the Georgia Department of Natural Resources prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA). (j) For any altered or relocated watercourse, submit engineering data/analysis within six (6) months to the FEMA to ensure accuracy of community flood maps through the Letter of Map Revision process. Assure flood carrying capacity of any altered or relocated watercourse is maintained. (k) Where interpretation is needed as to the exact location of boundaries of the Area of Special Flood Hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Director shall make the necessary interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this Chapter. 15 (l) All records pertaining to the provisions of this Chapter shall be maintained in the office of the Director and shall be open for public inspection. § 8-1-32. VARIANCE PROCEDURES (a) The Zoning Board of Appeals as established by the Augusta Commission shall hear and decide requests for appeals or variance from the requirements of this Chapter. (b) The Zoning Board of Appeals shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the Director in the enforcement or administration of this Chapter. (c) Any person aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the Superior Court of Richmond County, Georgia, as provided in O.C.G.A. Sec. 5-4-1; however all appeals shall be on record and shall not be de novo. (d) Variances may be issued for the repair or rehabilitation of Historic Structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a Historic Structure and the variance is the minimum to preserve the historic character and design of the structure. (e) In reviewing such requests, the Zoning Board of Appeals shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this Chapter, and: (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the community; (5) The necessity to the facility of a waterfront location, in the case of a functionally dependent facility; (6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the Comprehensive Plan and Floodplain Management Program for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise, and sediment transport of floodwaters and the effects of wave action, if applicable, expected at the site; and 16 (11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (f) Upon consideration of the factors listed above and the purposes of this Chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter. (g) Variances shall not be issued within any designated floodway, or the lower floodway fringe, if ANY increase in flood levels (flood heights) during the base flood discharge would result. (h) Conditions for Variances: (1) The provisions of this Chapter are minimum standards for flood loss reduction, therefore any deviation from the standards must be weighed carefully. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and, in the instance of a Historic Structure, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building structure. (2) A variance shall be issued ONLY when there is: (a) a finding of good and sufficient cause, (b) a determination that failure to grant the variance would result in exceptional hardship, and; (c) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. At the discretion of the Zoning Board of Appeals, a No- Rise Certification, with supporting technical data and signed by a registered professional engineer, may be required to ensure that there is no rise in flood heights with the proposed development. (3) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation of the proposed lowest floor and stating that the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the reduced lowest floor elevation. (i) The Director shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. (j) Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this Article are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety. 17 § 8-1-33 - - 8-1-42. RESERVED. Revisions to 8-1-29 to add a designee (at the Director’s discretion) to aide in administration and implementation of this Chapter – April 2019 Added clarifying language to Section 8-1-30-(b) requiring an Elevation Certificate or Floodproofing Certificate after the lowest floor or floodproofing is completed. – April 2019 Revisions to 8-1-31 to add a designee (at the Director’s discretion) and outline duties and responsibilities of both the Director and the Director’s designee – April 2019 Additions to 8-1-32-(h)-(c) to state that the Zoning Board of Appeals may require a No Rise Certification to aide in their determination of reviewing and granting of a variance – April 2019 18 ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION § 8-1-43. GENERAL STANDARDS In ALL of the Area of Special Flood Hazard the following provisions are required: (a) New construction and substantial improvements of existing structures shall be anchored to prevent flotation, collapse, or and lateral movement of the structure; (b) Manufactured homes shall be anchored to prevent flotation, collapse, or and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable State requirements for resisting wind forces; (c) New construction and substantial improvements of existing structures shall be constructed with materials and utility equipment resistant to flood damage; (d) New construction or and substantial improvements of existing structures shall be constructed by methods and practices that minimize flood damage; (e) All heating and air conditioning equipment and components, all electrical, ventilation, plumbing, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (f) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (g) Replacement New and replacement s sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; (h) New on-site waste disposal systems shall be located within the Area of Special Flood Hazard Area per the provisions of the Georgia Onsite Wastewater Regulations; (i) Any alteration, repair, reconstruction or improvement to a structure which is not compliant with the provisions of this Chapter, shall be undertaken only if the non- conformity is not furthered, extended, or replaced; and (j) Elevated Buildings Structures - All new construction or and substantial improvements of existing structures that include ANY fully enclosed area located below the lowest floor formed by foundation and other exterior walls shall be designed so as to be an unfinished or a flood damage-resistant enclosure. For any unfinished or flood-resistant enclosed area below the regulatory flood protection elevation with a height greater than or equal to four (4) feet, the owner must sign Augusta’s Non-Conversion Agreement stating that enclosed area shall not be converted to habitable space without obtaining a permit and allowing the Director, or his / her designee, access (at any time) to ensure the enclosed area is not in violation to this Chapter. The owner must record the Non-Conversion Agreement with the deed for use by 19 future owners. The enclosure shall be designed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater. (1) A minimum of two (2) openings that are installed no more than twelve (12) inches above the higher of the final interior or exterior grade, and that are installed in at least two different sides (preferably the sides in the direction of the flow of floodwater) of each enclosed area, must be provided, where the openings: (a) Have a total open net area of not less than one square inch for every square foot of enclosed area Openings may be equipped with screens, louvers, valves or other coverings or devices provided they are disabled in the open position and also permit the automatic flow of floodwater in both directions.; or (b) Are individually certified by a design professional licensed to do design work in the State of Georgia stating that the openings are designed to automatically equalize hydrostatic flood loads on exterior walls by allowing the automatic entry and exit of floodwaters in accordance with the American Society of Civil Engineers – Flood Resistant Design and Construction (ASCE 24) and that an appropriate number of vents are provided. A copy of the Engineer’s Certification (signed and sealed) along with the applicable section from the Flood Ordinance this Chapter (this section) allowing for the use of these engineered openings must be attached to the Elevation Certificate; or (c) Are ICC-ES accepted engineered flood vents, and the appropriate number of such vents are provided and installed in accordance with the manufacturer’s specifications. A copy of the ICC-ES Evaluation Report along with the applicable section from the Flood Ordinance this Chapter (this section) allowing for the use of these engineered flood vents must be attached to the Elevation Certificate. (2) So as not to violate the "Lowest Floor" criteria of this Chapter, the unfinished or flood damage-resistant enclosure shall only be used for parking of vehicles, limited storage of maintenance equipment used in connection with the premises, or entry to the elevated area; and (3) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. (4) An attached garage may have its flood floor below the BFE provided the garage meets all of the requirements for an enclosed area below the BFE, including, but not limited to, the installation of openings that meet Section 8-1-43-(j)-(1) above. Opens Openings may be installed in garage doors; however, garage doors without openings do not meet the requirement for openings. The use of the garage space must be limited to parking of vehicles, building access and storage. Section 8-1-43-(j)-(3), above, must be strictly adhered to. Flood damage- resistant materials must be used below the BFE and all utilities must be elevated to be three (3) feet above the BFE. (5) Crawlspaces that are below-grade on all sides (basements) are not allowed. (6) Detached garages and detached storage building are allowed, without the requirement to elevate to three (3) feet above the BFE in AE zones, or three (3) 20 feet above the highest adjacent grade in A zones, if they comply with all of the requirements for enclosures: (a) must be used for parking of vehicles and storage only; (b) must be constructed of flood damage-resistant materials below the area that is three (3) feet above the BFE; (c) all utilities must be elevated to be three (3) feet above the BFE; (d) the requirements for flood openings that meet Section 8-1-43-(j)-(1) above must be satisfied; (e) must be anchored to resist floatation flotation, collapse, and lateral movement under flood conditions. § 8-1-44. SPECIFIC STANDARDS In ALL the Area of Special Flood Hazard the following provisions are required: (a) New construction and substantial improvements. Where base flood elevation data are available, new construction or and substantial improvement of any structure, or including manufactured homes, shall have the lowest floor, including basement, elevated no lower than three (3) feet above the base flood elevation (also known as the “flood protection elevation”). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Article 5, Section 8-1-43(j), "Elevated Buildings Structures". (1) All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing, and other service facilities shall be elevated at or above three (3) feet above the base flood elevation. (b) Non-Residential Construction. New construction or the and substantial improvements of any structure located in A1-30, AE, or AH zones, non-residential structures may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to three (3) feet above the base flood elevation (also known as the “flood protection elevation”), with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the official Director as set forth above and in Article 4, Section 8-1-31(g). (1) All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing, and other service facilities shall be elevated at or above three (3) feet above the base flood elevation or floodproofed to at or above three (3) feet above the base flood elevation. (c) Standards for Manufactured Homes and Recreational Vehicles. Where base flood elevation data are available: (1) All manufactured homes placed or substantially improved on: (1) individual lots or parcels, (2) in new or substantially improved manufactured home parks or subdivisions, (3) in expansions to existing manufactured home parks or subdivisions, or (4) on a site in an existing manufactured home park or subdivision where a manufactured home has incurred "substantial damage" as 21 the result of a flood, must have the lowest floor including basement, elevated no lower than three (3) feet above the base flood elevation (also known as the “flood protection elevation”). (2) Manufactured homes placed or substantially improved in an existing manufactured home park or subdivision may be elevated so that either: (a) The lowest floor of the manufactured home is elevated no lower than three (3) feet above the level of the base flood elevation (also known as the “flood protection elevation”), or (b) The manufactured home chassis is elevated and supported by reinforced piers (or other foundation elements of at least an equivalent strength) of no less than 36 inches in height above grade. (3) All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (ref. Article 5, Section 8-1-43(b) ). (4) All recreational vehicles (the term also includes park trailers, travel trailers, and similar transportable structures) placed on sites must either: (a) Be on the site for fewer than 180 30 consecutive days. (b) Be fully licensed and ready for highway use, (a recreational vehicle is ready for highway use if it is licensed, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached structures or additions), or (c) The recreational vehicle must meet all the requirements for "New Construction", including the anchoring and elevation requirements of Article 5, Section 8-1-44(c)(1) and (3). (d) Floodway. Located within the Area of Special Flood Hazard established in Article 3, Section 8-1-17, are areas designated as floodway. A floodway may be an extremely hazardous area due to velocity flood waters, debris or erosion potential. In addition, the area must remain free of encroachment in order to allow for the discharge of the base flood without increased flood heights. Therefore, the following provisions shall apply: (1) Encroachments are prohibited, including earthen fill, new construction, substantial improvements, or other development within the regulatory floodway. Development may be permitted however, provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the encroachment shall not result in any increase in flood levels (flood heights) or floodway widths during a base flood discharge (a No-Rise Certification). A registered professional engineer must provide supporting technical data and his / her certification thereof. (2) ONLY if Article 5, Section 8-1-44(d)(1) above is satisfied, then any new construction or and substantial improvement shall comply with all other applicable flood hazard reduction provisions of Article 5. have the lowest floor, including basement, elevated no lower than three (3) feet above the flood elevation based upon the floodway encroachment, as given by the “With Floodway” column in the Flood Insurance Study Floodway Data Table. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of 22 flood waters shall be provided in accordance with standards of Article 5, Section 8-1- 43(j), "Elevated Structures". All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing, and other service facilities shall be elevated no lower than three (3) feet above the flood elevation based upon the floodway encroachment, as given by the “With Floodway” column in the Flood Insurance Study Floodway Data Table. (3) The placement of manufactured homes, except in an existing manufactured home park or subdivision, shall be prohibited. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of § 8-1-43 (b) are met, and the elevation standards of § 8-1-44 (a) and the encroachments standards of subsection (1) of this Section are met. (4) Removal of trees and other vegetation may not be a consideration in calculating the effect of proposed encroachments on flood levels (flood heights) during the occurrence of the base flood discharge. (e) Floodway fringe, lower. Within the lower floodway fringe is the area between the floodway and the upper floodway fringe that is lower than a lines one-half (1/2) the distance between the floodway and the boundary of the Area of Special Flood Hazard. The lower floodway fringe is a transitional area that is hazardous due to its proximity to the floodway and encroachment by fill or development within this area could have serious impact on the entire floodplain. The following provisions shall apply with the lower floodway fringe: (1) Encroachments, including fill, new construction, substantial improvements and other developments shall be prohibited unless certification by a registered professional engineer, with supporting technical data, is provided to the Director demonstrating that encroachments shall not result in any increase in flood levels (flood heights) during occurrence of base flood discharge (a No-Rise Certification). (2) If Article 5, Section 8-1-44(d)(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. (3) The placements of manufactured homes, except in an existing manufactured home park or subdivision, shall be prohibited. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of Article 5, Section 8-1-43(b), and the elevation standards of Article 5, Section 8-1-44(a), and the encroachment standards of Article 5, Section 8-1-44(d)(1) are met. (4) Removal of trees and other vegetation may not be a consideration in calculating the effect of proposed encroachments on flood levels (flood heights) during the occurrence of the base flood discharge. (f) Large Tracts. If a tract contains over one (1) acre located within the Area of Special Flood Hazard, then development or land disturbance on that portion of the tract located within the Area of Special Flood Hazard Area shall comply with the standards for lower floodway fringe set forth in § 8-1-44 (e). 23 (g) Other area unsuitable for development. Land subject to flooding that is not located within a mapped Area of Special Flood Hazard may, at the discretion of the Director or City Engineer Director of Engineering, be required to comply with any or all standards set forth in this Chapter. (h) Grading in the Area of the Special Flood Hazard. Grading (including excavating, filling, or any culmination thereof) shall be prohibited in the Area of the Special Flood Hazard except for the following: (1) Minimum land disturbing activities such as home gardens and individual home landscaping, repairs, maintenance work and other related activities; (2) Agricultural practices involving the establishment, cultivation, or harvesting of products of the field or orchard, preparing and planting of pasture land, forestry land management practices including harvesting (where stumps are not removed), farm ponds, dairy operations, livestock and poultry management practices and the construction of farm buildings. (3) Projects permitted by or carried out under the technical supervision of the U.S. Department of Agriculture, U.S. Army Corps of Engineers, or any other agency of the U.S. Government; (4) Cemetery graves; (5) Excavation for wells or tunnels or utilities; (6) Approved mining, quarrying, stockpiling of rock, sand, gravel, aggregates, or clay where established and provided for by law; (7) Exploratory excavations under the direction of soils engineers or engineering geologists; (8) Where consistent with other provisions of this Chapter, minimum grading for land development or construction which does not result in topographic changes greater than two (2) feet at any location and which is not for the sole purpose of elevating structures pursuant to Article 5, Section 8-1-44(a) and Article 5, Section 8-1-44(b) of this Chapter. In no case, shall fill be transported into the Area of Special Flood Hazard. (a) Detention ponds and retention ponds are exempt from the provisions 8- 1-44-(h)-(8), provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the encroachment by the detention pond or retention pond shall not result in any increase in flood levels (flood heights) or floodway widths during a base flood discharge (a No-Rise Certification). A registered professional engineer must provide supporting technical data and certification thereof. (1) Under no circumstances shall a detention pond or a retention pond be located in the Area of Special Flood Hazard. (9) Construction activities at existing Industrial Sites which were developed before the effective date of the FIRST Floodplain Management Ordinance adopted by Augusta, GA as a basis for Augusta's participation in the National Flood Insurance Program (NFIP), such as dikes, ditches and ponds. 24 (i) As-built Drawings and Certification. Within the Area of the Special Flood Hazard, as- built drawings and certifications shall be provided by a registered professional engineer and/or a registered land surveyor pursuant to 8-1-30(b) and 8-1-44(b) of this Ordinance Chapter and also when required by the Site Plan Regulations or the Subdivision Regulations. As-built drawings and certifications may be required in other situations at the discretion of the Director. § 8-1-45. BUILDING STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS AND/OR FLOODWAYS (A-ZONES). Located within the Area of Special Flood Hazard established in Article 3, Section 8-1-17, where streams exist but no base flood data have been provided (A-Zones), OR where base flood data have been provided but a Floodway has not been delineated, the following provisions apply: (a) No encroachments, including structures or fill material, shall be located within an area equal to five (5) times the width of the stream or twenty (20) feet, whichever is greater, measured from the top of the stream bank, unless certification by a registered professional engineer is provided demonstrating that such encroachment shall not result in any increase in flood levels (flood heights) during the occurrence of the base flood discharge (a No-Rise Certification). (b) In the Area of Special Flood Hazard Areas without base flood elevation data, new construction and substantial improvements of existing structures shall have the lowest floor of the lowest enclosed area (including basement) elevated no less than three (3) feet above the highest adjacent grade at the building site. Openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Article 5, Section 8-1-43(j), "Elevated Buildings Structures". (1) All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing, and other service facilities shall be elevated no less than three (3) feet above the highest adjacent grade at the building site. The Director shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file. (c) When base flood elevation data or floodway data have not been provided in accordance with Article 3, Section 8-1-17, then the Director shall obtain, review, and reasonably utilize any scientific or historic base flood elevation and floodway data available from a Federal, State, or other source, in order to administer the provisions of Article 5. ONLY if data are not available from these sources, then the provisions of (a) and (b) of this Section shall apply. § 8-1-46. STANDARDS FOR SUBDIVISIONS. (a) All subdivision and/or development proposals, including manufactured home parks or subdivisions, shall be consistent with the need to minimize flood damage and shall be reasonably safe from flooding; (b) All subdivision and/or development proposals, including manufactured home parks or subdivisions, shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; 25 (c) All subdivision and/or development proposals, including manufactured home parks or subdivisions, shall have adequate drainage provided to reduce exposure to flood hazards; (d) For subdivisions and/or developments, including manufactured home parks or subdivisions, greater than fifty lots or five acres, whichever is less, base flood elevation data shall be provided for subdivision proposals and all other proposed development, including manufactured home parks and subdivisions. Any changes or revisions to the flood data adopted herein and shown on the FIRM shall be submitted to FEMA for review as a Conditional Letter of Map Revision (CLOMR) or Conditional Letter of Map Amendment (CLOMA), whichever is applicable. Upon completion of the project, the developer is responsible for submitting the “as-built” data to FEMA in order to obtain the final Letter of Map Revision (LOMR); and, (e) All subdivision and/or development proposals, including manufactured home parks or subdivisions, shall have access(es) that allow for safe ingress and egress, minimize flood damage, and which have adequate drainage provided to reduce exposures to flood hazards. and § 8-1-47. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES). The Area of Special Flood Hazard established in Article 3, Section 8-1-17, may include designated "AO" shallow flooding areas. These areas have base flood depths of one (1) to three (3) feet (1'-3') above ground, with no clearly defined channel. The following provisions apply: (a) All new construction and substantial improvements of residential and non-residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated to the flood depth number specified on the Flood Insurance Rate Map (FIRM), above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least three (3) feet (3) above the highest adjacent grade. Openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Article 5, Section 8-1- 43(j), "Elevated Buildings Structures". The Director shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file. (b) New construction or the substantial improvement of a non-residential structure: (1) Shall have the lowest floor, including basement, elevated to the flood depth number specified on the Flood Insurance Rate Map (FIRM), above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least three feet (3) above the highest adjacent grade. (2) May be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to the specified FIRM flood level plus one (1) foot, above highest adjacent grade, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such 26 certification to the official Director as set forth above and as required in Articles 4, Section 8-1-30(a)(3) and Article 4, Section 8-1-30(b). (c) Drainage paths shall be provided to guide floodwater around and away from any proposed structure. § 8-1-48 STANDARDS FOR THE AREA OF SPECIAL FLOOD HAZARD (ZONES AE) WITH ESTABLISHED BASE FLOOD ELEVATIONS WITHOUT DESIGNATED FLOODWAYS Located within the Area of Special Flood Hazard established in Article 3, Section 8-1-17, where streams with base flood elevations are provided but no floodways have been designated, (Zone AE) the following provisions apply: (a) No encroachments, including fill material, new structures or substantial improvements shall be located within the Area of Special Flood Hazard Areas, unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community (a No-Rise Certification). The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles. (b) New construction or and substantial improvements of buildings structures shall be elevated or floodproofed to elevations established in accordance with Article 5, Section 8- 1-44. § 8-1-49 STANDARDS FOR CRITICAL FACILITIES (a) Critical facilities shall not be located in the 100 year floodplain or the 500 year floodplain No new critical facilities shall be located in the Area of Special Flood Hazard, the areas hydraulically adjacent to the Area of Special Flood Hazard, or the 0.2% annual chance floodplain. (b) Any substantially improved critical facility must be protected to the base flood elevation plus three (3) feet or the 0.2% annual chance flood elevation plus one (1) foot, whichever is higher (c) All ingress and egress from any critical facility must be protected to the 500 year flood elevation. All ingress and egress from any critical facility must be protected to the base flood elevation plus three (3) feet or the 0.2% annual chance flood elevation plus one (1) foot, whichever higher. 27 § 8-1-50. RESERVED. Corrected 8-1-46(d) typo – to read: For subdivisions and/or developments greater than fifty lots or five acres…… - June 2017 ********** Added language to 8-1-43 (g) requiring new sanitary sewer systems to be designed to resist flood – April 2019 Added language to 8-1-43 (j) requiring a Non-Conversion Agreement for enclosures below the regulatory flood protection elevation – April 2019 Revised 8-1-44 (a) to clarify that manufactured homes are also considered structures (see definition for manufactured home in 8-1-10) – April 2019 Revised 8-1-44 (b) since it is not necessary to call out specific flood zones in non-coastal environments – April 2019 Revised 8-1-44 (c) (4) to specify, for purposes of this Chapter, what is considered a recreational vehicle (required to be consistent with the Comprehensive Zoning Ordinance) – April 2019 Added language for 8-1-44-(d) (2) to utilize “with floodway” elevations from the Flood Insurance Study (FIS) as a higher flood risk reduction measure – April 2019 Revised 8-1-44-(d) (3) to not allow replacement manufactured homes in the floodway (the current language allows replacement manufactured homes in existing manufactured parks and subdivision) – April 2019 Revised language throughout the Chapter exists changing “City Engineer” to “Director of Engineering” – currently there is not designated position / title of City Engineer – April 2019 Proposed language for 8-1-46-(e) required that subdivision access roads be “safe from flooding” – April 2019 Added language for 8-1-49 requiring that no new critical facility be in the area hydraulically adjacent to the Area of the Special Flood Hazard (this is an added level of protection for critical facilities) – April 2019 Added language for 8-1-49 that all ingress and egress from any critical facility be protected to the BFE plus three (3) feet or the 0.2% annual chance flood elevation plus one (1) foot, whichever higher (this is an added level of protection for critical facilities) – April 2019 28 § 8-1-51. SEVERABILITY If any Section, clause, sentence, or phrase of this Chapter is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Chapter. Section 2. This Chapter shall become effective upon adoption. Section 3. All Ordinances or parts of Ordinances in conflict with this Chapter are hereby repealed. Duly adopted by the Augusta Commission this __________ day of ____________________, 20____. AUGUSTA COMMISSION ___________________________________ Mayor ATTEST: __________________________________ Clerk of Commission Commission Meeting Agenda 10/1/2019 2:00 PM Amendment of Title Eight, Chapter 1, Article 1 of the Augusta GA Code entitled “Flood Damage Prevention” Department:Planning and Development Department:Planning and Development Caption:Motion to approve an Ordinance to amend Title Eight, Chapter 1, Article 1 of the Augusta GA Code entitled “Flood Damage Prevention” to provide for revisions as required by the State Model Flood Damage Prevention Ordinance, additions to clarify language in the text, and additional revisions to reduce flood risk, in keeping with the City of Augusta’s participation in the National Flood Insurance Program (NFIP) and the Community Rating System (CRS). (Approved by Engineering Services Committee September 24, 2019) Background:The Department of Homeland Security’s (DHS’s) Federal Emergency Management Agency (FEMA) has issued updated Flood Insurance Rate Maps (FIRMs) and Flood Insurance Studies (FISs) reflecting updated flood hazard determinations within Augusta, GA (and the jurisdictions of Blythe and Hephzibah). The updated Flood Insurance Rate Maps (FIRMs) and Flood Insurance Studies (FISs) are due to become effective November 15, 2019. As part of the map adoption process, a review and update of Augusta’s Flood Damage Prevention Ordinance is required and the updated Flood Damage Prevention Ordinance must be adopted prior to the effective date of the updated Flood Insurance Rate Maps (FIRMs), which is November 15, 2019. Revisions as required by the State Model Flood Damage Prevention Ordinance, additions to clarify language in the text, and additional revisions to reduce flood risk, in keeping with the City of Augusta’s participation in the National Flood Insurance Program (NFIP) and the Community Rating System (CRS) have been made to Augusta’s Flood Damage Prevention Ordinance. A companion agenda item is requesting adoption of Flood Insurance Rate Maps (FIRMs) and Flood Insurance Studies (FISs) reflecting proposed flood hazard determinations within Augusta, GA (and the jurisdictions of Blythe and Hephzibah) issued by the Department of Homeland Security’s (DHS’s) Federal Emergency Management Agency (FEMA). The effective date of the most recent Flood Insurance Rate Maps (FIRMs) and Flood Insurance Studies (FISs) for Augusta GA is November 15, 2019. The update to the Flood Insurance Rate Maps (FIRMs) and Flood Insurance Studies (FISs) may include the addition or modification of Base Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or additions or modifications to the regulatory floodway. The State NFIP office, along with ISO, and various local departments have reviewed the proposed Flood Damage Prevention Ordinance. Analysis:The National Flood Insurance Program (NFIP) was established with the passage of the National Flood Insurance Act of 1968. The NFIP is a Federal program enabling property owners in participating communities to purchase insurance as a protection against flood losses in exchange for State and community floodplain management regulations that reduce future flood damages. Adoption of a local Flood Damage Prevention Ordinance and adoption of Flood Insurance Rate Maps (FIRMs) and Flood Insurance Studies (FISs) issued from the Department of Homeland Security’s (DHS’s) Federal Emergency Management Agency (FEMA) is required for participation in the National Flood Insurance Program and the Community Rating System (CRS). Financial Impact:There is no financial impact associated with adopting an updated Flood Damage Prevention Ordinance for Augusta. Alternatives:If Augusta’s updated Flood Damage Prevention Ordinance is not adopted prior to the effective date of the Flood Insurance Rate Maps (FIRMs) and Flood Insurance Studies (FISs) issued by the Department of Homeland Security’s (DHS’s) Federal Emergency Management Agency (FEMA), Augusta will be suspended from the National Flood Insurance Program (NFIP). The following sanctions apply if Augusta is suspended from the NFIP: • Property owners will not be able to purchase National Flood Insurance Program (NFIP) flood insurance policies and existing policies will not be renewed. • Federal grants or loans for development will not be available in identified flood hazard areas under programs administered by Federal agencies such as the Department of Housing and Urban Development (HUD), the Environmental Protection Agency (EPA), and the Small Business Administration (SBA). • Federal disaster assistance will not be provided to repair insurable buildings located in identified flood hazard areas for damage caused by a flood. • Federal mortgage insurance or loan guarantees will not be provided in identified flood hazard areas such as those written by the Federal Housing Administration (FHA) and the Department of Veteran Affairs (VA). • Federally insured or regulated lending institutions, such as banks and credit unions, are allowed to make conventional loans for insurable buildings in flood hazard areas of non-participating communities, which included communities on suspension from the NFIP. However, the lender must notify applicants that the property is in a flood hazard area and that the property is not eligible for Federal disaster assistance. Some lenders may voluntarily choose not to make these loans. If Augusta is suspended from the National Flood Insurance Program (NFIP), it may regain its eligibility in the National Flood Insurance Program (NFIP), by enacting the floodplain management measures established in 44 CFR Section 60.3 of the National Flood Insurance Program (NFIP) regulations. If development takes place in Augusta during suspension that does not meet the minimum National Flood Insurance Program (NFIP) requirements, Augusta will be asked to take actions to reduce the increased flood hazard prior to reinstatement. Recommendation:Approve the amendment of Title Eight, Chapter 1, Article 1 of the Augusta GA Code entitled “Flood Damage Prevention” to provide for revisions as required by the State Model Flood Damage Prevention Ordinance, additions to clarify language in the text, and additional revisions to reduce flood risk, in keeping with the City of Augusta’s participation in the National Flood Insurance Program (NFIP) and the Community Rating System (CRS). Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission OFFICIAL Page 1 of 2 VENDORS Copper Construction Co. Inc. 410 Newton Street Vidalia, GA 30475 R.L. Wiles Electric 4144 Wheeler Road Augusta, GA 30907 Alrich Electric Contracting Co. Inc. 2110 Vandivere Rd. Augusta, GA 30904 Mayer Electric 1259 Augusta West Parkway Augusta, GA 30909 Schneidon Electric 513 Church Street Walh, SC 29691 Border States Industries 105 25th St., N Fargo, ND 58102 Capital City Electrical Services, LLC 1346 Oakbrook Drive Norcross GA 30093 Attachment B Yes Yes E-Verify Number 154164 843796 SAVE Form Yes Yes Cost $255,800.00 $246,022.00 Brand SQD SQUARE D Model Model 6 LVMCC MODEL 6 Cost $122,875.00 $118,172.00 Brand SQD SQD Model Power Zone for MCC Power Zone by Schneider Cost of Shipping Power Zone House $3,439.02 $3,481.00 Cost of (3) User Department Employees $3,600.00 $0.00 Startup cost for onsite testing and programming of Power Zone House $9,800.00 $0.00 Bid Opening Item #19-127 Rocky Creek Power House for Augusta, Georgia- Utilities Department Bid Due: Thursday, January 17, 2019 @ 11:00 a.m. Motor Center Total Number Specifications Mailed Out: 21 Total Number Specifications Download (Demandstar): 5 Total Electronic Notifications (Demandstar): 22 Georgia Procurment Registry: 186 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 2 Total Non-Compliant: 0 Power Zone House (to include cost of mounting motor control center inside the Power Zone) OFFICIAL Page 2 of 2 VENDORS Copper Construction Co. Inc. 410 Newton Street Vidalia, GA 30475 R.L. Wiles Electric 4144 Wheeler Road Augusta, GA 30907 Alrich Electric Contracting Co. Inc. 2110 Vandivere Rd. Augusta, GA 30904 Mayer Electric 1259 Augusta West Parkway Augusta, GA 30909 Schneidon Electric 513 Church Street Walh, SC 29691 Border States Industries 105 25th St., N Fargo, ND 58102 Capital City Electrical Services, LLC 1346 Oakbrook Drive Norcross GA 30093 Bid Opening Item #19-127 Rocky Creek Power House for Augusta, Georgia- Utilities Department Bid Due: Thursday, January 17, 2019 @ 11:00 a.m. Total Number Specifications Mailed Out: 21 Total Number Specifications Download (Demandstar): 5 Total Electronic Notifications (Demandstar): 22 Georgia Procurment Registry: 186 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 2 Total Non-Compliant: 0 Cost of Certified Technician/hr.$200.00 $0.00 Invitation to Bid Sealed bids will be received at this office until Thursday, January 17, 2019 @ 11:00 a.m. for furnishing: Bid Item #19-127 Rocky Creek Power House - Augusta, GA Utilities Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. A Mandatory Pre Bid Conference will be held on Wednesday, January 2, 2019 @ 3:00 p.m. in the Procurement Department, 535 Telfair Street, Room 605, Augusta, GA 30901. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Thursday, January 3, 2019 @ 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 December 6, 13, 20, 27, 2018 Metro Courier December 6, 2018 UTILITIES DEPARTMENT Tom Wiedmeier Director Augusta Utilities Administration 360 Bay Street – Suite 180 - Augusta, GA 30901 (706) 312-4154 – Fax (706) 312-4123 WWW.AUGUSTAGA.GOV MEMORANDUM TO: Geri Sams, Director – Procurement Department Nancy Williams – Quality Assurance Analyst Tywanna Scott – Bid Management Assistant FROM: Tom Wiedmeier, Director --Utilities Department Allen Saxon, Assistant Director – Water and Wastewater Production & Facilities Steve Orton – Superintendent II, Facilities and Maintenance Department SUBJECT: Rocky Creek Power House (Bid Item #19-127) BID RECOMMENDATION (2019) DATE: February 1, 2019 Attached is the Bid Tabulation Sheet for Bid Item #19-127, Rocky Creek Power House. It is our recommendation that this bid be awarded to Border States Industries. Between the two compliant vendors, they had the lowest prices on both the motor center and power zone house. Thank you for your assistance regarding this matter. Sincerely, Tess Thompson forTess Thompson forTess Thompson forTess Thompson for Tom WiedmeierTom WiedmeierTom WiedmeierTom Wiedmeier 2222----1111----2019201920192019 ______________________________________ Date: ___________ Tom Wiedmeier, Director cc: Tess Thompson, Finance Manager Bobby Robinson, Superintendent I-Maintenance/Fiber Optic John Goodenough – Maintenance Group Manager Camethia West, Administrative Assistant, Facilities and Maintenance Department Commission Meeting Agenda 10/1/2019 2:00 PM Use Bid Item 19-127 to Purchase an Additional Lift Station Power House from Border States Industries at the Previously Approved Price Department:Utilities Department:Utilities Caption:Motion to approve using previously awarded Bid Item 19-127 to Purchase an Additional Lift Station Power House from Border States Industries at the Previously Approved Price of $367,675.00. (Approved by Engineering Services Committee September 24,2019) Background:Augusta has a project to install a new wastewater pumping station and force main as part of our work to provide service to new infrastructure at Fort Gordon. In order to expedite this project and insure equipment compatibility with other upgraded facilities, we are providing the electrical and control components for the pumping station as a prefabricated structure. The purpose of Bid Item 19-127 is to procure the prefabricated structure and the components that will be installed by the manufacturer during assembly. Analysis:This bid was previously approved for the same type of structure at a different location. The Procurement Department has been in touch with Border States Industries (the selected bidder for this item) and they have stated that they will honor their bid price for the next 30 days. This will allow us to expedite our work and will allow Fort Gordon to proceed with their projects in a timely manner. The total for all bid items from Border States Industries is $367,675.00 and is within the project budget. Financial Impact:$367,675.00 from Budgeted Funds Alternatives:None Recommended Recommendation: We recommend procurement of a second package based on Bid Item 19-127 from Border States Industries at a total amount of $367,675.00. Funds are Available in the Following Accounts: 507043420-5425210 88880190-5425210 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 10/1/2019 2:00 PM Olive Road Overpass Department: Department: Caption:Discuss the Olive Road Overpass. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 10/1/2019 2:00 PM Overflowing commercial trash dumpsters. Department:Planning & Development Department Department:Planning & Development Department Caption:Motion to approve directing Planning & Development Department to identify in their 2019 budget the funding to purchase 12 MDTs for use by Code Enforcement Division and bring information back to the Commission on October 1, 2019. (Approved by Engineering Services Committee September 24, 2019) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: -t Commission Meeting Agenda Commission Chamber -911712019 Sias, Fennoy, Frantom, of Augusta Richmond Players upcoming Item Action: None ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; B. Williams, Garrett, M. Williams, Davis, D. Williams, Hasan and Clarke, members County Commission. INVOCATION: Reverend Sheldon Cooper, Pastor Galilee Baptist Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF TIIE TNITED STATES OF AMERICA. Five ($ minute time limit per deleeation DELEGATIONS A. Presentation from Mr. Russell Brown regarding the Augusta production entitled Ragtime the Musical. lB Agenda Rqt. Mr. Russell Brown 9.l7.l9.pdf lB ItemApprovalsheet.html Motions Motion Motion TextType Presentation is made by the Augusta Players. CONSENT AGENDA Made By Seconded Motion By Result (Items I -3 1) PLANNING l. Z'19'33 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve with conditions below a petition by TCA, LLC, on Action: behalf of Georgia Vitrified Brick & Clay, requesting a change of zoning from Approved zone R-MH (Manufactured Home Residential) and HI (Heavy Industry)to Zone R-3B (Multiple-family Residential) affecting property containing approximately 2l acres and known as part of 2111 Powell Road. Part of Tax Map 064-0-004-01-0 CONTINUED from August 5,2019 meeting. DISTRICT 3. 1. Require a traffic study showing trips generated, new peak hour trips, right turn deceleration lane calculations per GDOT, and mitigation measures (if necessary). 2. Require GDOT approval for access to Gordon Hwy. 3. Require GDOT approval for improvements along property frontage. 4. Developer must provide deceleration lane on Gordon Highway.5. Due to the number of units, a secondary access is required. 6. Proposed entrances and roadway improvements shall meet the minimum standards of Georgia Department of Transportation, Augusta Traffic Engineering and the Fire Department. 7. The development shall substantially conform to the latest site plan submitted on date received 711612019. 8. The owner must provide sanitary sewer by extending the sewer lines to the subject property following the guidelines and specifications of Augusta Utilities. lB z-19-33.ndf lE ItemAnprovalsheet.html Motions Motion Motion Textr ype ^ Motion to aoorove.APProve Motion pus.. 1o-0. Made By Seconded By Motion Result Commisioner Commissioner Sean Frantom Sammie Sias Passes 2, Z-19-35 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve with conditions below a petition by James Trotter, Action: on behalf of Purko Builders Inc., requesting a change of zoning from Zone DisapprovedR-lA (one-family Residential) to zone R-3A (Multiple-family Residential) affecting property containing approximately 4 acres and known as 3055 and 3061 Dennis Road. Tax Map 007-l-006-00-0 & 006- 0-039-00-0 CONTINUED from August 5, 2019 meeting. DISTRICT 71. Require a traffic study showing trips generated and existing & future level of service along Dennis Road. 2. Make all required improvements along property frontage (sidewalk, ADA ramps, etc...). 3. Require all property access meets county / state standards. 4. Internal driveways and radii for the proposed development must meet all requirements of GDOT and the City of Augusta. 5. Provide a second (emergency) access to the development as required by the Fire Department and that meets all required specifications. 6. A Stormwater Management Plan is required at the time of site Plan submittal. 7. Review of any future Site plan be jointly conducted with Columbia County, since there is a high likelihood that water and sewer will have to come from Columbia County and stormwater outfall flows into Columbia County. B z-19-35.odf B ItemApprovalsheet.html Motions Motion;- ----- Motion Textr ype Made By Seconded By Motion Result Motion to deny the petition. Voting No: uommrssroner uommlsloner commissionerDeny wirriu- Fennoy, sean Frantom Brandon Passes commissioner Garrett Dennis Williams. Motion Passes 8-2. 3. Z-19'36 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve with conditions below a petition by Marion Ebron Action: requesting a change of zoning from Zone R-lC (One-family Residential) to Approved Zone B-1 (Neighborhood Business) affecting property containing 0.34 acres and known as 2047 Central Avenue. Tax Map 044-2-173-00-0 CONTINUED from August 5, 2019 meeting. DISTRICT I I. All State and local building and fire codes must be met before a business license for an adult day care shall be issued.2. If the second story is to be utilizedas an expansion of this use or leased as a separate entity, parking for the additional space / use must be addressed and a parking variance may be required. E z-19-36.ndf lB ItemAoorovalsheet.html Motions Motion Motion Textr ype -_-^-.^ Motion to approve.APProve Motion Passes lo-0. Commissioner PassesDammle slas Augusta Georgia Planning Item P.C. on behalf of Big Tree Action: (One-family Residential), Approved Made By Commisioner Sean Frantom Seconded By Motion Result 4.Z-19-37 - A request for concurrence with the Commission to approve a petition by Hull Barrett LLC et al, requesting rezoning from Zone R-lA R-3B (Multiple-family Residential), B-1 (Neighborhood Business) and B-2 (General Business) to Zone B-2 affecting five (5) tax parcels containing approximately 38.3 acres and known as 2505 Washington Road, 1016 woodsedge Drive, 1000 Bluebird Road, 2425 washington Road, and 1058 Woodsedge Drive. Tax Map 019-2-166-03-0, 019-2-166-04-0, 019-4-088- 00-0, 019-4-158-00-0; and 019-4-159-00-0 DISTRICT 7 B z-19-37.pdf Ie ItemApprovelsheet.html Motions X:11" Motion Text Made By seconded ByIype a _^_-_--_- Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. sean Frantom sammie Sias Passes 5. Z-19'38 - A request for concurrence with the Augusta Georgia Planning ltem Commission to approve with conditions below a petition by South Georgia Action: Custom Homes, on behalf of Margaret Mayo Cordle Caughman Living Trust, Approved requesting a change of zoning from Zone R-38 (Multiple-Family Residential) to Zone R-18 (One-family Residentiat) affecting property containing approximately 31.34 acres and is part of 2590 Tobacco Road. Part of Tax Map 141-0-004-04-0 DISTRICT 4 1. The overall density of the proposed development shall not exceed 6.78 units per acre.2. Maintain a minimum 50 foot natural buffer to the south and west property lines. 3. Sidewalks shall be installed and maintained on both sides of each street in the subdivision. 4. The developer must install at least 30 overflow off-street parking spaces throughout the development. 5. Site plan shall incorporate walking trails or sidewalks between lots to encourage more walkability and pedestrian activity. 6. The site plan shall meet regulations/guidelines of all departments with specific attention to Augusta Traffic Engineering and the Fire Department. 7. Secondary access at Tobacco Rd will need to be converted to right out only. Motion Result B z-19-38.odf B ltemAnnrovalsheet.html Motions Motion Motion Textrype MotionSeconded Bv :--------- -'r ResultMade By Approve Motion to approve with Commissioner Commissioner Passes the omission of Brandon Bobby condition #7. Garrett Williams Motion Passes l0-0. 6. Z-19-40 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve with conditions below a petition by Johnny Latimore Action: requesting a change of zoning from Zone R-lA (One-family Residential) to Approved Zone B-2 (General Business) affecting property containing 0.38 acres and known as 2322 Tubman Home Road. Tax Map 087-3-088-00-0 and 087-3- 087-00-0 DISTRICT 2 1. Access must meet local and state standards.2. Driveway width must meet local and state standards. 3. The applicant must meet all development standards for the property including access, roadway improvements and landscaping and buffering. E z-19-40.pdf IB ItemApprovalsheet.html Motions X:11'" Motion Text Made By Seconded By Motion I YPe '---- -'I ^---"'--- -r Result Motion to approve with the petitioner to paythecitations/fines. Commissioner Commissioner Approve Voting No: Marion Bobby passes Commissioner Williams Williams Brandon Garrett. Motion Passes 9-1. Motions Hj:"' Motion Text Made By seconded Motion r YPe ---'- - r By Result Substitute motion to Approve ;m:[:5i,,1;, S:f#::f'* withdraws PUBLIC SERVICES 7. Motion to approve New Ownership: A.N. 19-31:request by Robert J. Kim Item for a retail package Beer & Wine License to be used in connection with OK Action:Matt located at 2301 Lumpkin Road. District 6. Super District 10. Approved (Approved by Public Services Committee September 10, 2019) B A.N. r9-3t.pdf IE ItemApprovalsheet.html Motions *j:'" Motion Text Made By seconded By Motion I YPe - ---- -r Result ^ Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. Sean Frantom Sammie Sias Passes 8. Motion to approve New Ownership Application: A.N. 19-32 request by Item Robert J. Kim for a retail package Beer & Wine License to be used in Action: connection with Lucky Trip located at 2260 Lumpkin Rd. District 6. Super Approved District l0.(Approved by Public Services Committee September 10, ZOII'S E A.N. l9-32.pdf B ItemApprovalsheet.html Motions |^#:" Motion Text Made By seconded By fffil ^ Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. Sean Frantom Sammie Sias Passes 9. Motion to approve New Ownership Application: A.N. 19-33: request by Item Muhammad A. Ashraf for a retail Beer & Wine License to be used in Action: connection with Chevron Food Mart located at 202 East Boundary Suite B. Approved District 1. Super District 9 (Approved by Public Services Committee September 10,2019) B n.N. tq-l3.oat E ItemAnnrovalsheet.html Motions f#:"' Motion rext Made By seconded By #.iil ^ Motion to approve. Commisioner Commissioner D.Approve Motion Passes l0-0. Sean Frantom Sammie Sias r dSSoS 10. Motion to approve New Ownership Application: A.N. 19-34: A request by Item Shawntae N. Toone for an on premise consumption Liquor, Beer & Wine Action: License to be used in connection with Sheehan's Irish Pub located at 2571 Approvedcentral Avenue. District 2. Super District 9. (Approved by public Services Committee September 10, 20lg) B a.N. t9-34.por B ItemAoorovalsheet.html Motions Motion Text Made By Seconded By Motion Result A -__^,.^ Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. Sean Frantom sammie sias Passes 11. Motion to approve the Piedmont Mining, LLC contract for Bid Item 19- Item 198 Southeast Drainage Ditch Enclosure Project- Augusta Regional Airport - Action: $1,352,835.21.(Approved by Public Services Committee September 10, Approved 2019') B Piedmont Minins Drainaee Ditch Contract 20l9.pdf E I 9-l g8-ITB_to_pa per.pdf E 19-T98 TAB 0FFICLAL.Ddf B l9-198 iuandatorv Pre-Bid t4eerinp.pdf B 19-198 Department Recommendation of Award - Letter of Recommendation ITB #19- 198 SED Drainaee Ditch Piedmont Minins.odf lB Ntail List and Demandstar planholders.pdf E Georsia Procurement Registrv Vendor Summarv.pdf E l9-198 Complirn(e All.pdf lB ItemApnrovalsheet.html Motions Motion r,^a!^__ m, 1 ilf, r Motion- ------ Motion Text Made By Seconded Byf'YPe ''---- -r Result A -^-^..^ Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. Sean Frantom Sammie Sias Passes 12. Motion to approve amendments to the Augusta-Richmond County Code, Section 7'l-90 PERMIT FEES, so as to increase fees required in connection with the issuance of permits. Waive Second Reading. (Approved by Public Item Services Committee September 10, 20lg\ Action: Approved E Buildins Fee Increase Oct 2019-Fin.docx E ItemAnprovalsheet.html Motions Motion Motion Text Made By seconded By #r|f'r ype A ---^-.^ Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. Sean Frantom Sammie sias Passes 13. Motion to approve tasking the Attorney and Administrator with drafting a Item resolution in support of establishing a State Veterans Cemetery in Augusta Action: and designate Mr. Don Clark of Forces United in connection with former Approved Mayor Bob Young to take the lead in determining what is needed from the Commission to begin the process to establish the cemetery and to designate a member of the Commission to serve as a point of contact.(Approved by Public Services Committee September 10, 2019) E Resolution Veterans Cemeterv.ndf lB Bob_\'ouns veterans-Cemeterv.pdf E ltemAonrovalsheet.html Motions X:jt1" Motion Text Made By seconded By Motion'l'YPe - ----- -r Result A ---^-.^ Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. sean Frantom Sammie sias Passes ADMINISTRATIVE SERVICES 14. Motion to approve Utilities Department-Facilities Maintenance Division Item requests the purchase of one new crane truck at a cost of $135,197 using the Action: GMA lease Program. (Approved by Administrative Services Committee Approved September 10,2019) B Coov of Tab Sheet 19-208 (AUD Crane Truck Apenda).xlsx E 19-208 .{dvertisement to Paper.pdf B 19-208 TAB.pdf E l9-208 Department Recommendation of Award.pdf IE llail Lisl and Demandstar planholders.pdf B Georgia Procurement Reqistry Vendor Summarv.pdf B ItemApprovalsheet.html Motions X:j*l"' Motion Text Made By seconded By Motion'I'ype - ---- -'t ^--------- -J Result ^ Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. Sean Frantom sammie sias Passes 15. Motion to authorize the submission of the 2019 Continuum of Care Exhibit I Item Consolidated Application, Exhibit 2 Applications (both New and Renewal) Action: and all supporting documentation for the Continuum of Care Application to Approvedthe U.S. Department of Housing and Urban Development (HUD). (Approved by Administrative Public Services Committee September 10,2019) E ItemApprovalsheet.html Motions X:jl"' Motion Text Made By seconded By Motion f YPe ^'---- -J Result A ---^-.^ Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. Sean Frantom sammie Sias Passes 16. Motion to approve Housing and Community Development's (HCD's) 2019 Item request to reallocate administrative expenses for CDBG, HOME, and CDBG Action: Rehab. (Approved by Administrative Services Committee September 10, Approved 20re) B ItemApprovalsheet.html Motions il,'J:"' Motion Text Made By Seconded By Htjil ^ Motion to approve. Commisioner CorApprove ilffiill passes r0-0. Sean Frantom r"J#r:tl*" Passes 17. Motion to approve Housing and Community Development Department's ltem (HCD's) request to promote and provide financial assistance to all Richmond Action: County Teachers, Sheriff Deputies, Marshal Deputies and First Responders Approved to purchase a new home in the Laney Walker Bethlehem Area. (Approved by Administrative Services Committee September 10, 20lg) {B Teacher Next Door Flver.pdf B ItemAoorovalsheet.html Motions Y:11" Motion Text Made By seconded By MotionI'ype - ----- -r --------- -J Result A ---^-.^ Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. Sean Frantom sammie Sias Passes 18. Motion to approve Housing and Community Development's (HCD) request Itemto provide rehabilitation services to five (5) homeowner-occupied Action: rehabilitation homes for low-to- moderate homeowners in need of safe, Approved decent and complaint housing. (Approved by Administrative Committee September 10,2019) B HoME-BTIYER AGREEMENT(20I8).Ddf B ItemAoorovalsheet.html Motions X:j*1" Motion Text Made By Seconded By MotiontYPe - ----- -r Result a _^.^.___._ Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. Sean Frantom Sammie Sias Passes 19. Motion to approve Meeting Management System for the purpose of Augusta Item decorum and order of questions and statements.(Approved by Action: Administrative Services Committee September 10, 20lg) Approved tB Comm- Clrrke Mto- Msmf Swsfem n.lf Gl 2019 Microohone lllanasement.odf IB ItemApprovalSheet.html Motions Motion Motion Made By Seconded Motion Type Text By Result Motion to Commissioner Marion Dies for lackueny deny. Williams of Second Motions f#:" Motion Text Made By seconded By #rllil Motion to approve with the additional Approve monitors with commissioner commissioner Finance to identiff a Sammie sias william Fennoy Passes funding source. FINANCE 20. Motion to approve Option 2 concerning the Guaranteed Minimum Interest Item Rate (GMIR) for the fixed annuity investment option in the Nationwide Action: Fixed Annuity offered in the 457(b) Deferred Compensation Plan. Approved (Approved by Finance Committee September 10, 2019) E Nationwide GMIR 20l9.odf E ItemAnprovalsheet.html Motions Y:11" Motion Text Made By seconded By Motion't'ype ----- -'t ----"--- -r Result A ---^-.^ Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. Sean Frantom Sammie Sias Passes ENGINEERING SERVICES 21. Motion to approve Professional Services Agreement for the Design of ltem Sanitary Sewer for the Belair Road East Area with Constantine Engineering Action:in the Amount of $877,630. (Approved by Engineering Services Approved Committee September 10, 2019) E 2019-0829 Belair Area Se$,er EAST Basin D€sisn Exhibit.pdf E 2019-0829 Consrantine ESA.pdf lB 2018-0904 \\'iedmeier Approval Lefler.pdf B 2018 Proiect Recommendations for Desisn Professionals.odf E ItemApprovrlsheet.html Motions Y:jl" Morion Text Made By seconded By Motion'f'ype - ----- -J --------- -J Result A --*^_.^ Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. Sean Frantom sammie Sias Passes 22. Motion to approve Professional Services Agreement with W.K. Dickson in Item the Amount of $951,200 for the Belair Road Area West Sanitary Sewer Action: Design. (Approved by Engineering Services Committee September 10, Approved 2019). lB Belair Area Se$er WEST Basin Desiqn Exhibit.pdf B 2019 0829 WKDickson ESA.pdf E 2018-0904 ril'i€dmeier Approvel Lefter.pdf IE 2018 Proiect Recommendations for Design Professionals.pdf B ltemApprovalsheet.html Motions X:j*1" Motion Text Made By Seconded By Motion'l'YPe '---- -'t Result ^ Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. sean Frantom sammie Sias Passes 23. Motion to approve continuing the process ofdeveloping proposal for Item Commission consideration for managed parking in downtown Augusta. RFQ Action: 19-196(Approved by Engineering Services Committee September 10, Approved 20te). IB I9-196 RFQ senl to newspaper.pdf B tq-lgo r,lr.por IE l9-196 Cumutetive.pdf B l9-196 Department Request to Neqotiate.pdf lB Process Regardinq RFQs.pdf Er tg-tge lrpe.por E llail List end Demendslar planholders.pdf E Georgia Procurement Registrl, Vendor Summary.pdf E ItemApprovalsheet,html Motions Motion Motion Textrype Motion to approve and ask the Task Force to bring a working proposal back to the Commission before a a _--.^_-^ final vote is requested.APProve voting No: Commissioner Brandon Garrett, Commissioner Dennis Williams. Motion Passes 8-2. B rg-tqg_poc.oor IB ltlail List and Demandstar Planholders.pdf B ltemAoorovalsheet.html Motions Motion Motion Textr ype a _----____ Motion to approve.APProve Motion passes lo-0. seconded By ffitjil Commissioner Passessammle slas Made By Commissioner Brandon Garrett 24. Motion to approve Initial Phase funding for Drainage Study, Stormwater Item System Assessment and Drainage Improvements Engineering Services Action: Agreement to Cranston Engineering (Cranston) in the amount of Approved $112,355.00 for National Hills Drainage Basin as requested by the AED. RFQ l9-148 (Approved by Engineering Services Committee September 10, 2019). B CPB award 08.29.19 National Hills.xtsx E Cranslon Phasel-\ational HillsProoosal.odf B 19-148 RFO sent to newspaper.pdf B l9-tn8 t,u.odt B l9-148 Cumulative.pdf E I 9-l 48-Department-Reouest to_Enter into-Nesotatiotrs.pdf Made By Commisioner Sean Frantom Seconded By Motion Result Commissioner Passessammle slas 25. Motion to approve Initial Phase funding for Drainage Study, Stormwater Item System Assessment and Drainage Improvements Engineering Services Action: Agreement to Alfred Benesch & Company (Benesch) in the amount of Approved $114,340.00 for Forrest Hills Drainage Area as requested by the AED. RFQ 19-148 (Approved by Engineering Services Committee September 10, 2019\. B P2019016 Forest Hitls Drainase Studv - Proposat 2019-08-08,pdf B CPB awrrd-08.29.19.x1sx [B l9-148 RFO sent to newspaper.pdf B rq-rlt rAs.oor E l9-148_Cumulative.pdf B 19-148 Department Reouest to Enter into Nesotations.pdf B Process-Reqardine RFOs.ndf B 19-148 Poc.pdf B Nlail List and Demandstar Planholders.pdf [B ItemAoorovalSheet.html Motions Y:j*i" Motion Text Made By seconded By Motion Type Result A .^.^-^_-^ Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. Sean Frantom sammie Sias Passes 26. Motion to approve Initial Phase funding for Drainage Study, Stormwater Item System Assessment and Drainage Improvements Engineering Services Action: Agreement to Constantine Engineering (Constantine) in the amount of Approved $2231160.00 for Goshen and other Selected Drainage Basins as requested by the AED. RFQ 19-148 (Approved by Engineering Services Committee September 10,2019). 1B Constantine Task Order Pronosal AED Drainase Proiects 28Auql9.odf E l9-148 RFO sent to newspaper.pdf lE tg-te8 t,lr.por IB l9-148 Cumulative.pdf lB l9-148 Department Reouest to Enter into Nesotations.pdf lB Process Reqardins RFOs.ndf IE Mail List and Demandstar Planholders.odf E 19-148 pec.pdf E ltemApprovalsheet.html Motions X:j*l" Motion Text Made By seconded By Motion'l'ype - ----- -'t ------"-- -r Result A .^--^_.^ Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. Sean Frantom Sammie Sias Passes 27. Motion to approve Initial Phase funding for Drainage Study, Stormwater Item System Assessment and Drainage Improvements Engineering Services Action: Agreement to Goodwyn Mill Cawood (GMC) in the amount of $128,630.00 Approved for Turpin Hillsilaney Walker Drainage Area as requested by the AED. RFQ l9-I48(Approved by Engineering Services Committee September 10, 20te\. E GMC Phasel-Turnpin Hills Lrney Walker Drainage Proposal.pdf {E CPB award 08.29.19.x1sx E ItemApprovalsheet.html Motions *11"' Motion Text Made By seconded By MotionIYPe -'---- -J Result A ---^_.^ Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. Sean Frantom Sammie Sias Passes 28. Motion to approve funds allocation revision in the amount of $49,000 for Item the Memorandum of Understanding with Phinizy Center (Nonprofit Action: Organization) to assist in activities that are designed for stream restoration in Approved local waterbodies. Requested by the Augusta Engineering Department. (Approved by Engineering services committee september 10, 20lg). E Jl9 Grant relevant info.ndf E ItemAnprovalsheet.html Motions Hl:' Motion Text Made By Seconded By HXfr ype Approve passes Motion to approve. Commisioner Commissioner Motion Passes l0-0. Sean Frantom Sammie Sias 29. Motion to approve award of Bid #19-136 for Spirit Creek Interceptor Sewer Item Rehabilitation Project No. I to Bio-Nomic Services, Inc. in the amount of Action: $2,582,900.00. (Approved by Engineering Services Committee Approved September 10,2019) 19 Director Memo and Bid Tabulation.pdf IB Soirit Creek Map.pdf B 19-136 ITB to Paper.pdf E Official Tab Sheet l9-136.pdf B MPBC Sisn In Sheet.pdf lB I\IaiLList_and_Dema ndstar-Plan holders.pdf B Comoliance Information.ndf B Georqia-Procurement Reqistrr'_Vendor Summarv.ndf lB ItemAoorovalSheet.html Motions Motion Motion--""'"" Motion Text Made By Seconded ByType Result A .^.^-^_.^ Motion to approve. Commissioner CommissionerApprove Iviotion passes l0-0. Brandon Garrett sammie Sias Passes 30. Motion to approve adoption of the revised Street Lighting Ordinance Item (Augusta, Georgia Code Chapter 3 Street Lighting, Section 7-3) to Action: incorporate current fee structure for the street light system. Requested by Approved AED. (Approved by Commission September 3,2019-Second reading) lB 2019-4-4 Code Am€ndment re Chapter 3 Streetlishtins SF.pdf lB EXHIBIT A - Senice Charse Table.pdf 18 Street Lisht Commission_Approve Rate Table 09042018.odf IB StreetLiqht Sec 7-3-1O-marked oase.pdf IB ItemApprovalsheet.html Motions ryJ:" Motion Text Made By seconded By f;t.lil Approve Motion to approve. Commisioner Commissioner Passes Motion Passes 10-0. Sean Frantom Sammie Sias PETITIONS AND COMMUNICATIONS 31. Motion to approve the minutes of the regular meeting of the Augusta Item Commission held on September 3, 2019 and Special Called Meeting held Action: September 10,2019. Approved {E Resular Commission Meetins Sentember 3 20l9.pdf E Called Commission Meetins Seotember l0 20l9.odf B ItemApnrovalsheet.html Motions Y:j*1" Motion Text Made By seconded By MotionType Result A .^-_^--^ Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. sean Frantom sammie Sias Passes ?trs**END CONSENT AGENDA** ** AUGUSTA COMMISSION 9lt1t20t9 AUGUSTA COMMISSION REGULAR AGENDA 9n7 t2019 (Items 32-41) PLANNING 32. Final Plat - Governors Place Phase I - S-893-I - A request for concurrence Item with the Augusta Georgia Planning Commission to approve with conditions Action: below a petition by Jachens Land Surveying Inc., on behalf of Southeastern Approved Real Estate Group, LLC, requesting final plat approval for Governors Place Phase 1. This single family residential development is located at 3947 Harper Franklin Avenue and contains 16 lots. Reviewing agency approval 8-27-2019 DISTRICT 3 1. Any reference dedicating the road, storm or pond to the City shall be removed from the plat. Everything shown therein must remain private until Harper Franklin is dedicated. Until Harper Franklin is dedicated the City will have no legal means to own or maintain the infrastructure. This section can be labeled as private or to be dedicated to an HOA as seen fit by the owner. 2. There are some minor issues with the drafting that need to be addressed, i.e. text overwriting property lines and typo's 3. Finalize the bonding of the remaining infrastructure shown on the development plan. Based on conversations with the inspector he has stated only the storm system and 70-80Yo of the curbing has been installed. He believes the water and sewer are installed and just lacking testing. Will defer to AUD on that. Need breakdown of the cost estimate that Bluewater put together.4. The site must conform to all applicable codes and regulations for the City of Augusta. E ItemApprovalsheet.html Motions Motion Motion Textr ype a.-.-..-__- Motion to approve.APProve Motion passes lo-0. Made By Seconded By Motion Result Commissioner Commissioner Mary Davis Ben Hasan Passes 33. Z-19-30 A request for concurrence with the Augusta Planning Item Commission to deny a petition by Malisa Wanjala, on behalf of Kimberly Action: Godbee, requesting a Special Exception to establish a Family Day Care Disapproved Home per Section 26-l (F) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing 0.46 acres and known as 4004 Madison Lane. Tax Map 053-4-012-00-0 DISTRICT 3 (Deferred from the September 312019 Commission Meeting) B z-19-30.pdf E ltemAonrovalsheet.html Motions Motion- ------ Motion Text'r'ype Motion to concur inDeny the denial. Motion Passes 10-0. PUBLIC SERVICES 34. Made By Commissioner William Fennoy Seconded By Commissioner Bobby Williams Motion Result Passes Update from Augusta Recreation Department regarding request Item for emergency repairs at the Henry H. Brigham Community Center as Action: discussed in the Public Services Committee held l|/ray 14,2019 and the June Approved 27, 2019 Administration's Recreation Department Capital Improvements Work Session. (Requested by Commissioner Bobby Williams) B ItemAoorovalsheet.html Motions Y:li" Motion Text Made By Seconded By Motion Type Result Motion to approve receiving this item as Commissioner Commissioner Approve information. Mr. Sias William Bobby Passes out. Fennoy Williams Motion Passes 9-0. 35. Update from Code Enforcement regarding current conditions relative to the ltem upkeep maintenance of the Enclave Development and surrounding properties Action: at the next Commission Meeting. (Approved by Public Services Approved Committee September 10, 2A19) B James Brown Blvd Corridor (l).ins IB James Brown Blvd Corridor (3)..ips B James Brorvn Blyd Corridor (7).jpq IE James Brown Blvd Corridor (2).jpg B James Brown Blvd Corridor (19).ipg [B James Brown Blvd Corridor (23).ipq lB James Brown Blvd Corridor (14).ipg B James Brotn Blvd Corridor (16).ipg IB ItemApprovalsheet.html Motions Y:11"" Motion rext Made By Seconded By f*i|rype Approve Motion to approve Commissioner Commissioner Passes receiving this item as Marion William information. Ms. Davis Williams Fennoy and Mr. B. Williams out. Motion Passes 8-0. ADMINISTRATIVE SERVICES 36. Presentation regarding the Fight Blight Initiative through the Joint Item Collaboration Committee (JCC) and request input from the Augusta Action: Commission on funding redevelopment efforts in the target area. See Approved December 18, 2018 presentation from Environmental Services. (Requested by Mayor Hardie Davis, Jr.) B Fight the Blight PowerPoint Presentation.doc [E ItemApprovalsheet.html Motions Y:11" Motion Text Made By seconded Motion't'ype - ----- -'t By Result Motion to refer this Dies forDefer item back to the commissioner committee en Hasan '#ff: Motions f#:" Motion Text Made By seconded By ffitjft' Motion to approve receiving this item as Approve information. Ms. Davis S^"::':tj::_tt Commissioner and Mr. Garrett out. Sammie Sias Ben Hasan Passes Motion Passes 8-0. 37. Update regarding the BH3 City Leadership Initiative and the benefits to Item the City of Augusta. (Requested by Mayor Hardie Davis, Jr.) Action: Rescheduled E Ntavor Davis Agenda Rot. 9.l7.l9.ndf B ItemAoorovalsheet.html Motions f#:" Motion Text Made By seconded By fffii Defer Passes Motion to refer this Commisioner Commissioner item to the next Sean Frantom Sammie Sias committee meeting. Motion Passes l0-0. 38. Discuss Homeless Initiatives for the City of Augusta currently being Item implemented and what additional things can be done to positively impact Action: the lives of the homeless community. (Requested by Mayor Hardie Rescheduled Davis, Jr.) E ItemAnnrovrlSheet.html Motions Hj:" Motion Text Made By Seconded By fjfilI ype Motion to refer this Defer item to the next Commisioner Commissioner r committee meeting. Sean Frantom Sam;i; sil Passes Motion Passes 10-0. 39. Discuss Smart City Augusta Initiatives. (Requested by Mayor Hardie Item Davis, Jr.) Action: Rescheduled B ItemAonrovalsheet.html Motions Motion Motion Text Made By seconded By f."riii'l'ype Motion to refer this committee meeting. Sean Frantom Sa.mmi; dil Passes Motion Passes 10-0. ENGINEERING SERVICES 40. Discuss Environmental Services Department's process Item for emptying overflowing/capacity filled commercial trash dumpsters. Action: (Requested by Commissioner Marion Williams) Rescheduled B ltemAonrovalSheet.html Motions Seconded By f""rlll'l'ype Motion to refer this item to the next Engineering Services ^Defer Committee. Ms. Commissioner Commissioner Davis, Mr. Frantom Sammie Sias J"il'Ai;.k. -' Passes and Mr. Garrett out. Motion Passes 7-0. ADDENDUM 41. Presentation from Sheriff Richard Roundtree, Richmond County Sheriffs Item Office, regarding a building expansion project. Action: Approved B ltemApprovalsheet.html Motions Motion Made Seconded MotionMotion TextType By By Result Unanimous consent is given to add this item to the agenda. Motions X:jt1"' Motion Text Made By seconded By Motion Type .'---- -J Result Motion to approve establishing the location of a Sheriffs Office substation at2816 Washington Road with a lease agreement at a cost A .^_-^_.^ of S 1.00 per year for five Commissioner CommisionerApprove years wititr Sioo,000 in Ben Hasan Sean Frantom funding to provide the fiber optics, computers and furnishings and approximately $20,000 annual cost to be factored into next year's budget. No action is taken on this motion due to the passage of the substitute motion. Motions Motion Motion TextI ype Substitute motion to support this project pending a review and approval of the lease agreement at the special called meeting next Approve Tuesday and any other financial requirements that the City will be obligated to with funding identified from the capital outlay fund. Motion Passes 10-0. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. Seconded By N"'.tji| CommissionerWilliam Passes Fennoy Made By Commissioner Sammie Sias 42. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Upcoming Meetings Item Action: None www.augustaqa.gov CALLED MEETING COMMISSION CHAMBER September 24,2019 Augusta Richmond County Commission convened at I 1:00 a.m., Tuesday, September 24, 2019, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. B. Williams, Garrett, Sias, Fennoy, Frantom, M. Williams, Davis, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. Mr. Mayor: Good morning, everybody. We're going to call this meeting to order. The Chair recognizes Madam Clerk. We're going to deal with that, item number three, there. The Clerk: In legal? Mr. Mayor: Um-hmm. The Clerk: All right. I guess the attorney needs to give you the reasons why we're going into the legal meeting? Mr. Mayor: The Chair recognizesAttorney Brown. 1. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Mr. Brown: Mr. Mayor and Commission, we request a motion to go in executive session for discussion of security plans, pending or potential titigation, real estate and personnel. Mr. Sias: So move. Mr. Garrett: Second. Ms. Davis and Mr. Frantom out. Motion carries 8-0. IEXECUTTVE SESSTONI Mr. Mayor: We'll call this meeting back to order. The Chair recognizes Attorney Brown. 2. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Mr. Brown: we request execution of the closed meeting affidavit. Mr. Mayor: The Chair recognizes the commissioner from the 9th. Mr. M. Williams: So move. Mr. D. Williams: Second. Mr. Mayor: Voting. Motion carries 10-0. Mr. Mayor: The Chair recognizes Attorney Brown. Mr. Brown: We request a motion to approve the security contract between Augusta, Georgia and A3 Communications, Inc. for a security equipment and services. Mr. Mayor: The Chair recognizes the commissioner from the 9th. Mr. M. Williams: So move. Mr. Frantom: Second. Mr. Mayor: Voting. Motion carries 10-0. Mr. Mayor: The Chair recognizes Attorney Brown. Mr. Brown: We request a motion to approve a lease between Augusta, Georgia and the Richmond County Board of Health for space located at 1815 Marvin Griffin Road to be used for mosquito control services. Mr. Mayor: The Chair recognizes the commissioner from the 4th. Mr. Sias: So move. Mr. Garrett: Second. Mr. Mayor: Voting. Motion carries 10-0. Mr. Mayor: I recognize Attorney Brown. Mr. Brown: Motion to approve that the position of Assistant Director of Maintenance in the Engineering Department be appointed to Mr. Charlie Gay at a salary of $99,825.24per year effective immediately. Mr. Mayor: The Chair recognizes the commissioner from the 9fr. Mr. M. Williams: So move. Mr. Frantom: Second. Mr. Mayor: Voting. Motion carries 10-0. Mr. Mayor: All right. I don't believe there's any additional business before us. Item three on a special called meeting, Madam Clerk, do you want to speak to that? The Clerk: Yes, sir. Item number three to discuss/approve lease establishing a location of the Sheriffls offrce substation will be deferred to our october I meeting. Mr. Mayor: Okay. I think that's all we have. IMEETING ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Called Meeting of the Augusta Richmond County Commission held on September 24,2019. Clerk of Commission Commission Meeting Agenda 10/1/2019 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the regular meeting of the Augusta Commission held on September 17, 2019 and Special Called Meeting held September 24, 2019. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Lena Bonner From: Sent: To: Cc: Subject: Attachments: Lena, Wayne Brown Wednesday, September 25,2019 4:28 PM Lena Bonner Rachel Mack FW:WGL Agenda Item sKM-c45819052911430.pdf; Draft - wGL Consent Agreement Agenda Item- RNM.docx Per our discussion, please add to Tuesday's Commission Meeting agenda as an urgent matter the above attached agenda item, under ATTORNEy tab. Please let me know if you have any questions. Thank you. Wayne From: Rachel Mack <RMack@augustaga.gov> Sent: Wednesday, September ZS, ZO1-g 4:76 pM To: Wayne Brown <WBrown@augustaga.gov> Cc: Dereena Harris <D.Harris@augustaga.gov> Subject: WGL Agenda ttem Good Afternoon Mr. Brown, Please find attached a draft ofthe agenda actual form for your convenience. Best Regards, Rachel Mack Rachel N. I\{ack, Esq. r\ugusta Lar,v Department StaffAttorney Uo6) 84e-S5So; tfo6) 828-7ror (direct) RMack@augustaga.gov item for the consent to the wGL Assignment. I have also attached the il ier'uli of lilc, s-Bri?il itansnrissicn. l{verilicslion is reqi.rired. please request a haid copy ycrriiol.AilD:1t4. j Commission Meeting Agenda 10/1/2019 2:00 PM Letter of Consent with WGL Energy Systems, Inc. Department:Augusta Law Department Department:Augusta Law Department Caption:Approve the execution of the Letter of Consent with WGL Energy Systems, Inc. to consent to the assignment of the Lease Agreement between Augusta and WGL Energy Systems, Inc. pertaining to the Augusta Jail Site solar facility. (Requested by General Counsel Wayne Brown) Background:On or about May 17, 2016, Augusta entered into a Lease Agreement with WGL Energy Systems, Inc. (formerly Inman Solar Incorporated) at the Augusta Jail Site for the purpose of operating a solar power facility. A term in the Lease Agreement requires that Augusta provide prior written consent to any assignment of the Lease. The Augusta Commission has previously approved the assignments of this Lease. Analysis:On or about May 2, 2019, Augusta received correspondence from WGL Energy Systems, Inc. that stated it intended to sell its solar interests, which are the subject of the Lease Agreement. They requested that, per the terms of the current Lease Agreement, Augusta provide written consent to the assignment of the Lease Agreement to a third party. Augusta will retain all rights under the Lease Agreement and the third party assignee shall inherit all rights, liability, and obligations of WGL Energy Systems, Inc. under the Lease Agreement. Financial Impact:No impact. Alternatives: Recommendation:Execute the documents as requested Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 10/1/2019 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: