City of Augusta Richmond CountyComparison of Proposed Reynolds Street Parking Deck Agreement to RFP11-087 Example AgreementJune 27, 2012
Proposed Contract with AugustaRiverfront, LLCAugusta RFP 11-087 Appendix FExample Contract
employees’ accrued and vested
wages, salaries, employeemedical/disability/life insurance andother health benefits incurred byManager, vacation pay and sickleave, severance costs, 401(k), profitsharing, pension or similarretirement benefits or other accruedand vested fringe benefits,business travel expenses, and othercompensation of whatever nature,including any applicable federal,state and local taxes. For theavoidance of doubt, Salary Costsmay also include bonuses foremployees or commissions for salesstaff.taxes
hospitalization insurance, andother expenses as authorized andincluded within an operating budgetapproved in advance by
wages,401(k) costs, vacationand sick leave when theManager assigns personnel at its discretion.Observation: Under theManagement Contract
Salary Costs may alsoinclude bonuses for employees or commissions for sales staff
The RFP Example Agreement provides for nobonuses.Question: If the Manager canassign personnel with sizablevested benefits, won
t that cost Augusta more than anentry level employee would?
Article I DEFINITIONS
” shall have the
meaning ascribed thereto by Section5.3(f) and may include officers,managers or members of Manager.The RFP Example Contract does not
allow for “Shared Employees.”
Observation: The RFP Example Contract allows for only a General Manager and an Assistant Manager. TheProposed Management Agreement allows additional managers, including officers?
Article I DEFINITIONS
hall have themeaning set forth in Section 5.3(a)but shall not include any officer ormember of Manager or any personwho, directly or indirectly, otherwiseowns an interest in Manger or anyaffiliate thereof.The RFP Example Contract does notdifferentiate between
and RSPD employees.
Observation: The Proposed Management Agreement disallows officers withownership interests. This is anappropriate clarification.
ARTICLE IIAPPOINTMENT OF MANAGER ANDOPERATING TERM2.1 Appointment of Manager;Powers and Duties Generally
Manager’s covenants set
forth in § 5.1, Owner hereby
ARTICLE 22GENERAL PROVISIONS
12. Nothing herein contained shallcreate or be construed to create a co-partnership between
and Operator or toconstitute the Operator an agent of
Observation: The RFP Example Contract deniesagent status. The Proposed Management Agreement makes the Manager Augusta