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HomeMy WebLinkAbout02-22-2012-PacketPage 1 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Lance Large Wednesday, February 22, 2012 Regular Council Meeting Agenda 6:00 PM INVOCATION - Reverend John Wolfe, Birmingham Methodist Church, Alpharetta, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by the Mayor) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 12-043) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the February 6, 2012 Regular Minutes. (Agenda Item No. 12-044) (Sudie Gordon, City Clerk) 2. Approval of a Professional Services Agreement between the City of Milton and Tunnell, Spangler & Associates, Inc. for the Purpose of Providing Professional Planning Services for the Creation of Historic Preservation Design Guidelines. (Agenda Item No. 12-045) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 22, 2012 Page 2 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 3. Approval of a Purchase Agreement between the City of Milton and Hardy Ford for the Purchase of Eight (8) Ford New Generation Police Interceptors (NGPI). (Agenda Item No. 12-046) (Deborah Harrell, Chief of Police) 4. Approval of a Professional Services Agreement between the City of Milton and Dewberry & Davis LLC to Provide City-wide Future Flood Plain Mapping Services. (Agenda Item No. 12-047) (Carter Lucas, Public Works Director) 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION 1. Approval of an Ordinance Restating the City of Milton’s Defined Benefits Pension Plan. (Agenda Item No. 12-048) (Sam Trager, Human Resources Director) 8) PUBLIC HEARING (None) 9) ZONING AGENDA 1. RZ12-01 – To Amend Article VI, Division 2 – AG-1 (Agricultural District) as it Relates to Allowing Structures Housing Animals within the Front Yard and Fencing Along Public-right-of-ways. (Agenda Item No. 12-033) (First Presentation at the February 6, 2012 Regular Council Meeting) (Discussed at February 13, 2012 Work Session) (Kathleen Field, Community Development Director) 2. RZ11-17 – To Amend Article XVI of the Zoning Ordinance (Chapter 64 of the City Code) – Signs. (Agenda Item No. 12-012) (First Presentation at the February 6, 2012 Regular Council Meeting) (Discussed at February 13, 2012 Work Session) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 22, 2012 Page 3 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 11) NEW BUSINESS 1. Approval of a Resolution Imposing a Limited and Temporary Moratorium Upon Issuance of Business Licenses to New Pain Management Clinics Within the City of Milton. (Agenda Item No. 12- 049) (Ken Jarrard, City Attorney) 2. Approval of a Resolution Supporting Modification to the City of Milton Public Buildings and Facilities Authority Act. (Agenda Item No. 12- 050) (Chris Lagerbloom, City Manager) 3. Approval for Correction on Listing of Positions Document Presented in FY 2012 Budget. (Agenda Item No. 12- 051) (Deborah Harrell, Chief of Police) 4. Approval of Reclassification of Community Outreach & Policy Coordinator to Accreditation Manager. (Agenda Item No. 12- 052) (Deborah Harrell, Chief of Police) 5. Ratification of an Agreement for Sale of Realty between the City of Milton and Saradan Properties No. 2, LLC for the Purchase of 3.82 Acres Known as Fulton County Tax Parcel No. 22-4880-0534-007-1. (Agenda Item No. 12- 053) (Chris Lagerbloom, City Manager) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 12- 054) The minutes will be Provided electronically City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Kathleen Field, Director Date: January 26, 2012 - for the February 22, 2012 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Tunnell, Spangler & Associates, Inc. for the Purpose of Providing Professional Planning Services for the Creation of Historic Preservation Design Guidelines. Background: In order for the Historic Preservation Commission to begin designating properties and/or districts as “historic”, a set of approved historic preservation design guidelines is required. These guidelines must be approved by both the City’s HPC as well as the State Department of Natural Resources (DNR). In order to meet DNR requirements for these guidelines, guidelines must be written specifically for Milton and contain visual examples such as architectural drawings. Additionally, as part of the Crabapple Overlay Zoning District, a set of design guidelines are being prepared by the firm of Tunnell, Spangler & Walsh. Since it is anticipated that the Crabapple area will be designated a historic district by the HPC, it will be important the all of the design guidelines for this area are consistent. Discussion: The work to be completed under this Agreement (the “Work”) is referenced in the Contract as “Exhibit A”. Key tasks to be completed under this contract include: develop final draft of historic preservation design guidelines including visual examples; send final draft to DNR for their review and comment; make DNR revisions, if necessary; present document to the Historic Preservation Commission for their review and finalize any changes based on this review; ensure compatibility with proposed Crabapple Overlay Zoning District design guidelines. Attachment: Professional Services Agreement - Crabapple Form-Based Code Overlay Zone fY •. P y City of Milton PROFESSIONAL SERVICES AGREEMENT CRABAPPLE FORM -BASED CODE OVERLAY ZONE This Agreement made and entered into this day of ; ; ~:; �., , in the year 2012, by and between The City of Milton, Georgia (sometimes referred to herein as the "City"), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and Tunnell, Spangler & Associates, Inc. ("Consultant") having its principle place of business at 1389 Peachtree Street, NE, Ste. 200, Atlanta, GA 30309. WHEREAS, the City of Milton will require certain professional planning services beginning on February, 3, 2012; and WHEREAS, the City's Purchasing Policy authorizes the procurement of professional services contracts of'$30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation The Consultant agrees to provide all Services specified in Exhibit "A," attached hereto and incorporated herein by reference, for the compensation described therein. No payments will be made for unauthorized work. Invoices should be submitter) to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a lump sum fee of $5,000 (the "Contract Price") without prior written approval from the City. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perforin the Work within the budgetary limitations established without disregarding sound principles of' Consultant's industry, Consultant will give written notice thereof immediately to the City. '! L city or villor 2-0 Independent Contractor 2.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense:, all. permits, license or approvals that may be necessary for the performance of the services. ?? Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 3.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub - consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Consultant shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting; from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. This obligation to indemnify and defend the City, its members, officers. agents, employees and volunteers shall survive termination of this Agreement. 4.0 Insurance (1 } Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be ° City of VUlor- subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1.O00,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,004 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i} The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. -- " 7 CO of kAllor. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials. employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representativ=e of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c} All Coverages. (i} Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after ten (10) days prior written notice has been given to the City. Policies shall have concurrent starting and ending dates. (5) Acce )tability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A:VIl. (6) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -consultants - Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. r Crly of Miran Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or sent shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. TUNNELL, SPANGLER &. ASSOCIATES, ITC: Signature: Printed Flame: Title: [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELNERED in thp,,prgsence of: i 1t [4ess Notary PIabiic [N4ARYSEAL] �My Commission Expires: El -IZA NOTARY PUBLIC Uekalb County State of Georgia My 20M - Exp;res ,lune 1, 2014 [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] CITY OF MILTON: By: ON of Witon SIGNED, SEALED, AND DELIVERED in the pfesence of: --� t 1 s Witness Notary Public [NOTARY SEAL] My Commission Expires: r City of Alillon Its: atic, r ■�� y o� qp%'s ,Too, f'BLIG ��q► .1004 pVN� G�� �■ "distiit►►O EXHIBIT "A" SCOPE OF WORK Provide professional planning services to the City for the creation of Historic Preservation Design Guidelines to be utilized by the City's Historic Preservation Commission (HPC} to implement its mission of designating historic districts and structures as per City and State ordinances and legislation; to insure consistency with the design guidelines that are being prepared as part of the Crabapple Overlay Zoning Initiative. TASK 1 --- SURVEY EXISITNG DOCUMENTS/PREPARE INITIAL DRAFT To review and modify, if necessary, existing draft of Historic Preservation Design Guidelines to ensure that it is consistent with the intent of the City's Historic Preservation Commission's goals and objectives; develop sufficient visuals to be included as per DNR requirements; and ensure compatibility with proposed guidelines being prepared as part of Crabapple Overlay Zoning Ordinance. TASK 2 — PREPARE FINAL DOCUMENTS Prepare final draft of Historic Preservation Design Guidelines. Send final draft to DNR and make any changes as required by this entity. Maintain consistency with Crabapple Overlay Zone's design guidelines. TASK 3 — MEETINGS Attend one meeting of the City's Historic Preservation Committee to present final draft of Historic Preservation Design Guidelines. Also, present final version of Historic Preservation Design Guidelines to Crabapple Stakeholder Committee. r. , 01V of Milton City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Chief Deborah Harrell Date: Submitted on February 1, 2012 for the February 22, 2012 Regular Council Meeting Agenda Item: Approval of a Purchase Agreement between the City of Milton and Hardy Ford for the Purchase of Eight (8) Ford New Generation Police Interceptors (NGPI). City Manager’s Office Recommendation: Approval of a purchase agreement between the City of Milton and Family Ford, Inc. d/b/a Hardy Family Ford for the purchase of (8) eight Ford new generation police interceptors (NGPI) Background: In accordance with the City’s standard procurement procedures staff issued an RFP to select the most qualified vendor to provide these vehicles. Six (6) submittals were received and reviewed based on qualifications and price. Hardy Family Ford was identified as the number 1 vendor to provide these vehicles because they were the lowest priced, most responsive bidder. The purchase of these vehicles is twofold; four of the vehicles will be used by the four new police officers positions that were funded in the 2012 budget. The other four vehicles are to replace four vehicles presently being used in the fleet. Discussion The Milton Police Department has a policy of one officer per vehicle as this has been shown to increase coverage and visibility, prolong the useable life of the vehicle and control maintenance costs. Also the vehicles to be replaced have been in use for five years and all have over 100k miles on them. These vehicles are at a point where their maintenance costs are beginning to increase substantially. This along with their mileage warrants their removal from service. Once these vehicles are retired from service they will be auctioned off. Funding and Fiscal Impact: $185,768.00 Alternatives: Not purchase the vehicles and have officers share cars while decreasing coverage, visibility and incurring increased maintenance costs from the aging fleet. City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 2 Concurrent Review: Chris Lagerbloom, City Manager Paul Higbee Attorney - Jarrard & Davis on 2/01/2012 City 0f WtOn Citly. of Milton Requisition Cover Sheet I. SECTION I Description of Request: New Police Vehicles Department: Police Date: January 25, 2012 Department Director Approval: Fund (check one): General X Capital Account #: 300 3210 542202000 Project # (if applicable): Requisition Total: $185,768.00 Vendor: Hardy Family Ford Quote #2: $ Quote #3: $ Budgeted Item: X yes no II. SECTION II Please check the purchasing method used: 3 Verbal Quotes ($1000 - $4999) 3 Written Quotes ($5000.00 - $49,999.00) X Bid Award (over $50,000) Piggy Back another Municipality (copy of contract attached). Name of Government State Contract Contract # Professional Services Agreement III, SECTION III APPROVED BY: Budget & Purchasing Date: City Management Date: City of Milton CITY OF MILTON REQUEST FOR BID (THIS IS NOT AN ORDER) RFB Number: RFB Title: 12-PD01 FY12 Police Vehicles (8) RFB Due Date and Time: Attn: Rick Pearce, Purchasing Office January 17th 2012 a 2:00 m local time 13000 Deerfield Pkwy I ISSUING DEPARTMENT INFORMATION Procurement Office Contact: Rick Pearce City of Milton 13000 Deerfield Pkwy, Suite 107G Milton, Ga. 30004 Issue Date: December 19th, 2011 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us INSTRUCTIONS TO OFFERORS Return Bid to: Mark Face of Envelope/Package: City of Milton Bid Number: 12-PD01 Attn: Rick Pearce, Purchasing Office Name of Company or Firm 13000 Deerfield Pkwy Suite 107G Milton, Ga. 30004 Special Instructions: Deadline for Written Questions January 6th, 2012 �7a 5:00PM Email(preferred) questions to Rick Pearce at rick.maree@eityofmiltonga.us or Fax questions Attn: Rick Pearce at 678-242-2499 OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: NetrdyFa�mrlr Fo-d i0aaid Ml Mi I e.- 1 gSS Cha, les //,a rayP/(Wy ID0.11CS G� . Sols 7 CI Please print name and sign in ink Offeror Phone Number: Offeror FAX Number: 7")0- 411/5---989� tx 201 i '770-gVY.5-- 96_T Offeror Federal I.D. Number: Offeror E-mail Address: f. 9'73 dm Were Aard yFam f'11 Fro). C®r" OFFERORS MUST RETURN THIS COVER SHEET WITH RFB RESPONSE rcity of Milton CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH BID This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFB package when it is submitted. Name of Offeror _14af J C) Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) N/ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: City of Milton City of Milton RFB# 12-PD01 BID LETTER (Bidder to sign and return with bid) We propose to furnish and deliver any and all of the deliverables and services named in the Request for Bid (R FB) regarding the FY 12 Police Vehicles (8). It is understood and agreed that we have read the City's specifications shown or referenced in the RFB and that this bid is made in accordance with the provisions of such specifications. By our written signature on this bid, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all bids, waive technicalities, and informalities, and to make an award in the best interest of the city. BID SIGNATURE AND CERTIFICATION I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the bid and certify that I am authorized to sign far my company. I further certify that the provisions of the Official Cade of Georgia Annotated, Sections 45-10-24 et. seq. have not been violated and will not be violated in any respect. Authorized Signature Print/Type Name_ Print/Type Company Name 6 Date/,L �� 1.2.5_ Mandatory Requirements. To be eligible for consideration, an offeror must meet the intent of all mandatory requirements. The City will determine whether an offeror's RFB response complies with the intent of the requirements. RFB responses that do not meet the full intent of all requirements listed in this RFB may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 PRE-BID CONFERENCE None 1.4 SPECIFICATIONS The Milton Police Department is accepting bids for eight (8) 2013 Ford Interceptor sedans. The vehicles all need to be black in color and equipped with the following items. 3.5 L V-6 TiVCT Engine FFV All Wheel Drive -- "V" Speed Rated 18" Radial Tires r Full Size Spare Tire Electronic Stability Control f Power Disc Brakes with ABS/ Cloth Front Seats/ Vinyl Rear Seats Lumbar Support Seats /' Power Windows and Locks Power Remote Mirrors 1 Courtesy light disable Noise suppression straps Rubber Floor Covering Trunk Flat Floor / Small Center Hub Caps./ Rear Window Defroster v- • Accessory Feed Wires -," Tilt Steering/Cruise Control Pedals -Power Adjustable 220 Amp alternator / Driver and Passenger side airbags Reverse Sensing --*'- Factory installed AC Battery saver feature Power Driver Seat -- Removable headliner Extra dome light AM/FM/CDIMP3 Radio Solar tinted glass Engine hour meter -- Window/Locks Disabled NOTE: Price must include delivery to the City of Milton. Delivery Requirement: As soon as possible. 1.4.2 Failure to Comply with Instructions. Offerors failing to comply with RFB instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any bids that do not follow this RFB format, are difficult to understand, are difficult to read, or are missing any requested information. 1.4.3 CQ les Required and Deadline for Receipt of Bids. One original and four (4) copies of the bid should be provided to the City. Sealed Bids must be received at the receptionist's desk prior to 2:00PM. local time, January 1 ,, 2012. Facsimile or emailed responses to requests for bids are not acceptable. Bids will be opened in the courthouse at approximately 2:05pm. 1.4.4 Late Bids. Regardless of cause, late bids will not be accepted and will automatically be disqualified from further consideration. It shall be the offeror's sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late bids will not be opened and may be returned to the offeror at the expense of the offeror or destroyed if requested. 1.5 OFFERQR'S CERTIFICATION 1.5.1 Understandincl of Specifications and Re uiremenis. By submitting a response to this RFB, offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFS. 1.5.2 Offer in Effect for 120 Days. A bid may not be modified, withdrawn or canceled by the offeror for a 120 -day period following the deadline for bid submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and offeror so agrees in submitting the bid_ 1.6 COST OF PREPARING A BID f .6.1 City Not Res onsible for Pre aration Costs. The costs for developing and delivering responses to this RFB and any subsequent presentations of the bid as requested by the City are entirely the responsibility of the offeror. The City is not liable for any expense incurred by the offeror in the preparation and presentation of their bid. 1.6.2 All Timely Submitted Materials Become City Property. All materials submitted in response to this RFB become the property of the City of Miiton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and offeror resulting from this RFB process. 10 SECTION 3: References/ Subcontractors Please supply 3 references for your products and services. Please supply a list of all subcontractors. Cl' -+y 04' Dupl woodx Pe m e4'e Ce n L. S� r' a 0 Sun woody, C - C . 30 -XVJ6 M/-, Rich, Haplp-ate CfI41 6-F ffI r rAe7 7 i ;?05 t o-wr&l2ce m-7' M Orr e� -�tq z 6�q 11. 3 0060 MS . Alanc l Ch e.r� ire, 19.40 Coun*Y S`er-jaices PAfwX ma"d e 74 C'-4 . ---TOOO 8 - Alf, Alf. DgVI'd (5�E0ge�' 14 T SECTION 5: FIXED PRICE FORM l City of Milton ILI MIDST BE RETURNED WITH BID Total Fixed Price for eight (8) Police Vehicles $_ /Total $ .7 , /, Cd /per unit— "Estimated Deiivery date Lact AlrcA +-a 1 s' o -P�'�' �oi� "' For information purposes only. Print/Type Company Name Here: CLC' e_Erm -iI Ford Authorized Signature/' Date / // Print/Type NameDc'vile) _MQ IICr T 15 Prepared By: David Miller Hardy Fleet Group 1255 Charles Hardy Parkway Dalias, GA 30157 Phone: (770) 445-9411 Fax: (770) 445-9659 Email: dmiller@hardyfamilyford.com 2013 FleettNon-Retail Ford Sedan Police Interceptor 4dr Sdn AWD P2M WINDOW S TICKER 2013 Ford Sedan Police Interceptor 4dr Sdn AWD Interior: - No color has been selected. 3.5L1213 CID Gas/Ethanol V6 Exterior 1: - No color has been selected. * 6 -Speed Automatic Exterior 2: - No color has been selected. CODE MODEL - - - - MSRP P2M 2013 Ford Sedan Police Interceptor 4dr Sdn AWD $28,360.00 OPTIONS STANDARD EMISSIONS $0.00 998 3.5L V6 Ti -VCT FFV ENGINE $0.00 44J 6 -SPEED AUTOMATIC TRANSMISSION $0-00 500A 500A EQUIPMENT GROUP ORDER CODE $0-00 UA EBONY $0-00 STANDARD PAINT $0-00 RW CHARCOAL BLACK, CLOTH FRONT BUCKETS SEATS & VINYL REAR BENCH $0.00 153 FRONT LICENSE PLATE BRACKET $0.00 20P NOISE SUPPRESSION BONDS $95.00 13C DARK CAR FEATURE $20.00 76R REVERSE SENSING $295.00 SUBTOTAL $28,770.00 Report content is based on current data version referenced. Any performance -related calculations are offered solely as guidelines- Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 203.0, Data updated 12/13/2011 2:55:00 PM ©Copyright 1986-2005 Chrome Systems Corporation- All rights reserved. Customer File: December 20, 2011 10:33:04 AM Page 1 Prepared By: David Miller Hardy Fleet Group 1255 Charles Hardy Parkway Dallas, GA 30157 Phone: (770) 445-9411 Fax: (774) 445-9659 Email: dmiiler@hardyfamilyford.com 2013 Fleet/Non-Retail Ford Sedan Police Interceptor 4dr Sdn AWD P21M W1NDO W S TICKER Advert/Adjustments $0.00 Destination Charge $795.00 TOTAL PRICE $29,565.00 Est City: - TBD - mpg Est Highway. - TBD - mpg Est Highway Cruising Range - TBD - mi Report content is based on current data version referenced. Any performance -related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 207.0, Data updated 1/11/2012 10:13:00 AM ©Copyright 1986-2005 Chrome Systems Corporation. All rights reserved. Customer File: January 12, 2012 9:12:54 AM Page 2 Prepared By: David Miller Hardy Fleet Group 1255 Charles Hardy Parkway Dallas, GA 30157 Phone: (770) 445-9411 Fax: (770) 445-9659 Email: dmiller@hardyfamilyford.com 2013 Fleet/Non-Retail Ford Sedan Police Interceptor 4dr Sdn AW❑ P2M WARRANTY INFORMA Tf ON WARRANTY INFORMATION - 2013 Fleet/Non-Retail P2M 4dr Sdn AWD WARRANTY CCC PRELIMINARY 2013 WARRANTY >>> Basic: 3 Years/36,000 Miles Drivetrain: 5 Years/60,000 Miles 5 Years/100,000 Miles ESP Powertrain Service Contract Coverage Corrosion - 5 Years/Unlimited Miles Roadside Assistance: 5 Years/60,000 Miles Report content is based on current data version referenced. Any performance -related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 203.0, Data updated 12/13/2011 2:55:00 PM @Copyright 1986-2005 Chrome Systems Corporation. All rights reserved. Customer File: December 20, 2011 10:33:14 AM Page 1 Introducing the next -generation Pu"LICE INTERCEPTU""R - The all-new Ford Sedan and Utility Police interceptors are projected to get at least Z® percent better fuel economy than the current 2011 Crown Victoria Poilce interceptor.0) Considering the engines used in both new Police Interceptors idle and run hot an inordinate amount of time, this improved fuel efficiency is certainly welcome news and can help municipalities and police fleet administrators meet their financial goals. , .. The Engines Three V5 engines are paired with a 5 -speed automatic transmission to achieve an optimum balance of horsepower, torque and Nei efficiency through advanced engine technologies. Most importantly, these engines provide the pursuit -rated performance law enforcement requires to get the job done. TW - x n m -Stir Marc on Via: Tj- � S�and,:d 3.5L coISOOStT" t3 .m, neir�e. divers 290 cn Li ?ti y, tibia rugine heti rFrs.0 art Sedan, t7is Ergine dFti vtrs 3 65 apo xer ar,ci 'Sv -b.- ^r torrruE {" h r eo a.ver and 2501b.ft. of torq• or ;d 350 its. -it. c ror-u-e'' E' rl ,3 S2BfJiA:L'Cd. (1) 17city rang. Ford preliminary data. PendMg EPA -ertlficatio7. Cormparfson based on 2073 P1 Sedan 3- 5L Eco Boost V5 vs. CVPI (2) Ford Pref urinary data. (3)Figures achieved using premium unleaded fuel. Advanced Engine Technologies Ti 'VCT Twin independent Variable Gash Timing, or Ti -VCT, allows the camshafts to operate the intake valves and exhaust valves at different times in the combustion cycle, based on speed and load The result is outstanding efficiency under low load conditions and remarkable power when accelerating Direct Injection The 3.5L EcoBoost" V6 engine features direct injection, where each fuel injector is positioned to deliver a precise fuel spray directly into the combustion chamber during the intake stroke This enables a clean burn and allows the engine to breathe freety Twin Turbochargers The twin turbochargers on the 3.5L EcoBoost V6 engine use energy from the engine's exhaust to "boost" the air going into the engine to generate power and torque Turbo lag is virtually e0minaited --drivers wilt fee( immediate response when stepping on the accelerator Durability Testing 85 s -wKxx Flex Fuel {E8 Capability"' lily"" E85 is a blend of 85 percent ethanol fuel and iS percent gasoline • Both the 3.5L V5 TE -VCT and the 33L V6 Ti -VCT engines are designed to run on E85 fuel, unleaded gasoline or any combination of the two fuels ESS bums more cleanly than gasoline and is made from renewable resources (7) EcoBoost engine not compatible with E85 fuel. Each engine is built to meet rigorous durability standards, with the goal of delivering exceptional performance Test engines spend hours upon hours running at peak power, testing overall strength and ensuring maximum performance in the wide range of driving conditions police officers face every day Q Copyright March 2011. by Ford Motor Company, Information contained herein is intended for use g by Ford dealership personnel only. Specifications and descriptions contained within are based upon the most current information available at the time of release. See the latest Dealer prdermg Guide for feature availability. City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: February 15, 2012 for the February 22, 2012 Council meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Dewberry & Davis LLC to Provide City-wide Future Flood Plain Mapping Services Background: The Metropolitan North Georgia Water Management District was created in 2001 by an act of the General Assembly to establish policy, create plans and promote intergovernmental coordination of all water issues in the 15 county districts. One of the requirements of the district is that local governments must regulate development within the area identified to be flooded by the 100 year storm event based on future land use conditions. To regulate to this level each municipality must determine the extent of the future flood plain within their jurisdictional boundaries by the end of 2012. This project will determine those elevations throughout the city and complete the mapping requirements for the city. Discussion: The work to be completed under this Agreement (the “Work”) is referenced in the Contract. The Work will include the development of future flood plain maps and profiles sufficient for the city to regulate and enforce the requirement of the District and the City’s current flood plain protection ordinance. In accordance with the City’s standard procurement procedures Staff issued an RFP to select the most qualified firm to provide this service. 12 submittals were received and reviewed based on both qualifications and price for the delivery of this project. Dewberry and Davis LLC was identified by the committee as the number 1 firm to provide this service for the city. Staff is recommending approval of lump sum contract in the amount of $80,080 with Dewberry Davis LLC to complete the future flood plain mapping project for the city. Legal Review: Professional Services Agreement – Paul Higbee, Jarrard & Davis on 2/13/2012 Attachments: 1. Professional Service Agreement rGity of Milton IA5 PROFESSIONAL SERVICES AGREEMENT CITY WIDE FLOOD PLAIN MAPPING SERVICES This Agreement made and entered into this day of , in the year 2012, by and between The City of Milton, Georgia (sometimes referred to herein as the "City"), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and Dewberry & Davis LLC ("Consultant") having its principle place of business at 8401 Arlington Boulevard, Fairfax, Virginia 2203 1. WHEREAS, the City issued a Request For Proposal (FY2012 Floodplain Mapping Services), to solicit qualified firms to provide flood plain mapping of the future floodplain throughout the City; and WHEREAS, based upon Consultant's proposal to provide those services as required by the RFP documents, the City has selected Consultant as the winning consultant, and WHEREAS, Consultant has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: 1.4 Contract Documents This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A CONSULTANT AFFIDAVIT; EXHIBIT B SUBCONSULTANT AFFIDAVIT; EXHIBIT C THE REQUEST FOR PROPOSAL ISSUED BY THE CITY OF MILTON IDENTIFIED AS 12-PW02 FY2012 FLOODPLAIN MAPPING SERVICES, DATED DECEMBER 19, 2011, AS WELL AS ANY SUBSEQUENT ADDENDA; INCORPORATED BY REFERENCE AS EXHIBIT D: THE RESPONSE TO THE RFP SUBMITTED BY DEWBERRY & DAVIS LLC, DATED JANUARY 19, 2012 AND SECTION 5 COST PROPOSAL DATED JANUARY 16, 2012. 2.0 Scope of Work; Compensation The Consultant agrees to provide all Services specified in the Request for Proposals issued by the city and incorporated by reference. No payments will be made for unauthorized work. Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a fee of $80,080 (the "Contract Price"), which includes a 10% contingency. The contingency shall not be used without prior written approval from the City. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 3.0 Independent Contractor 3.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, license or approvals that may be necessary for the performance of the services. 3.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 4.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of, or failure or omission in performing, the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub - consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In 2 any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 5.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, the following provisions: 3 (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) All Coverages. (i} Consultant will endeavor to ensure that each insurance policy shall be endorsed to state that coverage will not be suspended. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. 4 (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than ANII. (6) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -consultants: Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (g) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 6.0 Term; Termination. The term of this Agreement shall be from March 6, 2012 and shall terminate absolutely and without further obligation on the part of the City, on December 31, 2012, provided that this Agreement, absent written notice of non -renewal provided by the City to Consultant at least thirty (30) days prior to December 31, 2012, shall automatically renew on January 1, 2013 to December 31, 2013 or the completion of the requirements of this contract, whichever comes first. Except as otherwise provided for in the RFP, the City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. The City may also terminate this Agreement for convenience upon providing at least sixty (60) days prior written notice of termination to Consultant. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. In the event the Agreement is terminated pursuant to this 5 paragraph, Consultant shall be paid for work completed, and approved by the City, through the date of termination. 7.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. The standard of care applicable to the Consultant's services will be the agree of skill and diligence normally employed by professionals performing similar services under similar conditions. 8.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 9.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 10.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 11.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 12.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 13.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 14.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 6 15.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 16.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: ( 1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Dewberry & Davis LLC 8401 Arlington Boulevard Fairfax, VA 22031 With a copy to: Dewberry & Davis LLC 2835 Brandywine Road, Suite 100 Atlanta, Georgia 30341-4015 17.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 18.0 Employment of Unauthorized Aliens Prohibited It is the policy of the City of Milton that unauthorized aliens shall not be employed to perforin work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Consultant shall provide evidence on City -provided forms, attached hereto as Exhibit"A" and "B" that it and Consultant's subconsultants have within the previous twelve (12) month period conducted a verification of the social security numbers of all 7 employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Consultant's and Consultant's subconsultants' verification process to determine that the verification was correct and complete. The Consultant and Consultant's subconsultants shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant's subconsultants employ unauthorized aliens on City contracts. By entering into a contract with the City, the Consultant and Consultant's subconsultants agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Consultant or Consultant's subconsultants are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Consultant to terminate or require its subconsultant to terminate that person's employment immediately and to report same to the Department of Homeland Security. The Consultant's failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Consultant shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Consultant agrees that, in the event the Consultant employs or contracts with any subconsultant(s) in connection with this Agreement, the Consultant will secure from the subconsultant(s) such subconsultant(s') indication of the above employee -number category that is applicable to the subconsultant. Consultant's compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor's affidavit attached as Exhibit "A." The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON THE FOLLOWING PAGE] n. SIGNED, SEALED, AND DELIVERED in th prese ce of; fitness Notary Public Dewberry & Davis LLC Signature: Print Name: (4 Kt (72 r7 4R-s�e- Title: Associate Vice President [AFFIX CORPORATE SEAL] CITY OF MILTON: Its: 9 STATE OF GEORGIA CITY OF MILTON EXHIBIT "A" CONSULTANT AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A, § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form provided by the city. Consultant further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. 104636 EE(V / Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date Dewberry & Davis LLC Associate Vice President Title of Authorized Officer or Agent of Contractor -vt rlcq Y1 Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORNy�•'���] A11Vj��� BEFORE ME ON THIS THE.►',�,`a''� DAY OF -ft•-ft: S'FLOVL Notary Public My Commission Expires: STATE OF GEORGIA CITY OF MILTON EXHIBIT «$„ SUB CONSULTANT AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A, § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Dewberry & Davis LLC on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance -with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. 102565 EEV ! Bisic Pilot Program User Identification Number BY: Authorized Officer or Agent Date Columbia Engineering and Services, Tnc. [Insert Subconsultant Name] Vice President Title of Authorized Officer or Agent of Subcontractor Paul D. Cook Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ,L9 iL DAY OF 1-1h1 _ , 201 Notary %blit My Commission Expires: q r 0 4, j5 EXHIBIT "C" CITY OF MILTON City Of IlliIlt0n REQUEST FOR PROPOSAL (THIS IS NOT AN ORDER) RFP Number: RFP Title: 12-PWO2 FY2012 Floodplain Mapninp- Services RFP Due Date and Time: Rick Pearce January 12, 2012 @ 2:0Opm local time December 19, 2011 INSTRUCTIONS TO OFFERORS ISSUING DEPARTMENT INFORMATION Procurement Office Contact: City of Milton Issue Date: Rick Pearce Name of Company or Firm December 19, 2011 City of Milton Suite 107G Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107G Special Instructions: Fax: 678-242-2499 Milton, Ga. 30004 Optional (Highly Encouraged) Website: www.cityofmiltonga.us INSTRUCTIONS TO OFFERORS Return Proposal to: Mark Face of Envelope/Package: City of Milton Bid Number: 12-PWO2 Attn: Rick Pearce, Purchasing Office Name of Company or Firm 13000 Deerfield Pkwy Suite 107G Milton, Ga. 30004 Special Instructions: Deadline for Written Questions Optional (Highly Encouraged) January 6, 2012 @ 5:OOPM Pre -Proposal Conference January 51" 2012 10:00am Email(preferred) questions to Rick Pearce at rick.nearce@cityofmiltonea.us or Fax City of Milton Courthouse questions Attn: Rick Pearce at 678-242-2499 OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: (Please print name and sign in ink) Offeror Phone Number: Offeror FAX Number: Offeror Federal I.D. Number: Offeror E-mail Address: OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE TABLE OF CONTENTS Offeror's RFP Checklist........................................................................................................................................................................ DisclosureForm..................................................................................................................................................................................... ProposalLetter...................................................................................................................................................................................... Scheduleof Events................................................................................................................................................................................. Section 1: Project Overview and Instructions.................................................................................................................................... Section2: RFP Standard Information................................................................................................................................................ Section3: Scope of Project................................................................................................................................................................... Section4: Offeror Qualifications......................................................................................................................................................... Section5: Cost Proposal....................................................................................................................................................................... Section6: Evaluation Criteria............................................................................................................................................................. Section 7: Standard Contract Information......................................................................................................................................... AppendixA: Standard Contract........................................................................................................................................................ 4 `�� City of Milton OFFEROR'S RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1. Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2. Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3. Attend the pre -proposal conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4. Take advantage of the "question and answer" period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal "addenda" issued for the RFP. All addenda issued for an RFP are posted (in the City's website at http_//www.cityofmiltonga.us/ and http://ssl.doas.state.ga.us/PRSapp/PR index.isp and will include all questions asked and answered concerning the RFP. 5. Follow the format required in the RFP when preparing your response. Provide point - by -point responses to all sections in a clear and concise manner. 6. Provide complete answers/descriptions. Read and answer all questions and requirements. Don't assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The proposals are evaluated based solely on the information and materials provided in your response. 7. Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. S. Check the City website for RFP addenda. Before submitting your response, check the City website at http-Hwww.cityofmiltonga.us/ and http://ssi.doas.state_.ga.us/PRSap/PR index.jsp to see whether any addenda were issued for the RFP. if so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document, and be sure to submit all required items on time. Late proposal responses are never accepted. his checklist is provided for assistance only and should not be submitted with Ufferor's Res onse. �* City of Milton f� ! City of Muton CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH BID This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount[Value Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation; City of Milton i City of Milton City of Milton RFP# 12-PW02 PROPOSAL LETTER (Bidder to sign and return with proposal) We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) FY2012 Floodplain Mapping Services. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the city. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature Date Print/Type Name Print/Type Company Name Here n 7 ('city of Milton A> SCHEDULE OF EVENTS EVENT RFP Issue Date Optional Pre -Proposal Conference (10AM) City of Milton Courthouse 13000 Deerfield Parkway Suite 107E Milton, Georgia 30004 Deadline for Receipt of Written Questions Posting of Written Answers by City to Websites.....on or about RFP DUE DATE December 19, 2011 January 5, 2012 5 PM on January 6, 2012 January 9.2012 No Later than 2 PM on January 12, 2012 NOTE: PLEASE CHECK THE WEBSITES (www.citvofmiltonsa.us and hitLi.-Hssi.doas.state.jza.us/PRSap/PR index.is FORADDENDA AND SCHEDULE UPDATES. City of Milton SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is accepting sealed Proposals from qualified firms to provide professional services for Floodplain Mapping. All offerors must comply with all general and special requirements of the RFP information and instructions enclosed herein. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposal (RFP) is issued until an offeror(s) is selected, offeror(s) are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Rick Pearce. Any unauthorized contact may disqualify the offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Rick Pearce Address: 1340 Deerfield Parkway, Milton, GA 30004 Telephone Number: 678-242-2511 Fax Number: 678-242-2499 E-mail Address: rick.pearce@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Offerors should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination (if this RFP. B. Form of Ouestions. Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email (preferred), or faxed to the procurement office referenced above on or before 5 PM on January 5. 2012. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City's Answers. The City will provide an official written answer to all questions on or about January 9, 2012. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFP at htE ://www.ci(yofmiltonga.us/ and http:llssl.doas.state.ga,us/PRSapp/PR index.isp. Offerors must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, offeror agrees to acceptance of the City's standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of writtenlc-mailed questions or with the 9 City of Milton offeror's RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the offeror's ability to respond to the RFP or perform the contract. The City reserves the right to address non -material, minor, insubstantial requests for exceptions with the highest scoring offeror during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all offerors submitting a response to this RFP. E. Mandaton Re uirements. To be eligible for consideration, an offeror must meet the intent of all mandatory requirements. The City will determine whether an offeror's RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 OPTIONAL PRE -PROPOSAL CONFERENCE (Highly Encouraged) January 5`h, 2012 10:00am City of Milton Courthouse 13000 Deerfield Parkway Suite 107E Milton, Georgia 30004 1.4 SUBMITTING A PROPOSAL A. Submittal Requirements. Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. Technical Proposal; Each Technical Proposal Shall be: a. Maximum of thirty (30) single sided pages (ten pages if double -sided) b. Minimum of 11 point font c. Stapled or spiral -bound, No binders Each Technical Proposal Shall Contain: a. Cover letter — introductory remarks and proposal summary — no longer than two pages. b. Work Plan — Describe the firm's plans to provide the requested services — a narrative description of the proposed methodology to be used to accomplish the required tasks. Provide a schedule to complete all of the required tasks. c. Related projects — Description of past and current projects or contracts similar to this project, including the degree of involvement of your firm and/or personnel assigned to the project. d. Background and experience — Include a brief history of your firm, a list of any proposed subcontractors, accompanied by their staff resumes, experience, and a description of the work they are proposing to provide on this project. 10 J-1 %City of Milton e_ References — Include names, titles, and all contact information for clients for whom your firm has performed similar work. Pricing (See Section 5). Separate sealed envelope. 5. Applicable Addenda Acknowledgement Forms (if necessary) Offerors must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with Instructions. Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any proposals that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Conies Rettuired and Deadline for Receipt of Proposals. One original and two (2) copies of each proposal (Technical and Cost), should be provided to the City. Proposals must be received at the receptionist's desk prior to 2: D PM. local time, January 12 2012. Facsimile or emailed responses to reguests for Proposals are not acre table. Proposals will be opened at approximately 2: lOpm and names of offerors will be announced. D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the offeror's sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late proposals will not be opened and may be returned to the offeror at the expense of the offeror or destroyed if requested, 1.5 OFFEROR'S CERTIFICATION A. Understandine of Slamifications and Requirements. By submitting a response to this RFP, offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP. B. Offer in Effect for 120 Days. A proposal may not be modified, withdrawn or canceled by the offeror for a 120 -day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and offeror so agrees in submitting the proposal. 1.6 COST OF PREPARING A PROPOSAL A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the offeror. The City is not liable for any expense incurred by the offeror in the preparation and presentation of their proposal. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and offeror resulting from this RFP process. .{ h `N SrCity of Milton SECTION 2: RFP STANDARD INFORMATION 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.1 OFFEROR COMPETITION The City encourages free and open competition among offerors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City's need to procure technically sound, cost-effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of proposals has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City (if Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the offeror; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the proposals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the proposal. 2. The proposal does not contain confidential material in the cost or price section. 3. An affidavit from an offeror's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each proposal containing trade secrets. Please contact Rick Pearce for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a "right to know" (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the proposal is not within the specifications described and required in the RFP. If a proposal is found to be nonresponsive, it will not be considered further. 12 *City of Miftan B. Determination of Responsibility. The procurement office will determine if an offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring offeror or, if necessary, to seek discussion/negotiation or a best and final offer in order to determine the highest scoring offeror. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses in terms of differing price, quality, and contractual factors. These scores will be used to determine the most advantageous offering to the City. D. Cam leteness of Proposals. Selection and award will be based on the offeror's proposal and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by offerors outside the formal response or subsequent discussion/negotiation or "best and final offer," if requested, will not be considered, will have no bearing on any award, and may result in the offeror being disqualified from further consideration. E. Opportunity for Discussion/Nemotiation and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more offerors should clarification or negotiation he necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer, In either case, offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the proposal. Oral presentations and product demonstrations, if requested, shall be at the ofteror's expense. F. Best and Final Offer. The "Best and Final Offer" is an option available to the City under the RFP process which permits the City to request a "best and final offer" from one or more offerors if additional information is required to make a final decision. Offerors may he contacted asking that they submit their "best and final offer," which must include any and all discussed and/or negotiated changes. The City reserves the right to request a "best and final offer" for this RFP, if any, based on price/cost alone. G. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. H. Re nest for Documents Notice. Upon concurrence with the evaluation committee's recommendation for contract award, the procurement officer may issue a "Request for Documents Notice" to the highest scoring offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the "Request for Documents Notice" does not constitute a contract and no work may begin until a contract signed by all parties is in place. 13 — `�' *City of Milton I. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible offeror whose proposal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring offeror fails to provide necessary documents or information in a timely manner, or fails to negotiate in good Faith, the City may terminate negotiations and begin negotiations with the next highest scoring offeror. J. Contract Award. Contract award, if any, will be made to the highest scoring offeror who provides all required documents and successfully completes contract negotiation. 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any proposal, 4. Not award if it is in the hest interest of the City not to proceed with contract execution; or 5. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 14 ` � City of Milton L. SECTION 3: SCOPE OF PROJECT 3.0 PROJECT SCOPE 1.0 GENERAL DESCRIPTION OF PROJECT The City is requesting proposals from qualified engineering consultants to conduct flood studies and mapping to establish existing and future flood plain conditions. This project will consist of floodplain determination and delineation based on limited detail studies conducted in accordance with accepted FEMA practices and guidelines and as described in this document. 2.0 BACKGROUND The City of Milton recognizes the importance of floodplain data for the safety of future development and to understand the potential effects on existing improvements. It further recognizes that floodplain modeling techniques and technology have improved and that the information on the current effective flood insurance rate maps (FIRM) (1998) may he outdated. The City also recognizes that existing maps cover only larger streams and thus very limited portions of the City. The Federal Emergency Management Agency is currently in the process of map modernization throughout the Atlanta region which, for Milton, involves the re -delineation of existing FIRM maps using newer topographic information. No additional detailed studies are planned at this time. In order to extend the floodplain mapping to a larger area of the City, and in order to comply with the Metropolitan North Georgia Water Planning District Watershed Management Plan (May 2009), it is the City's intent to complete a limited detailed study to cover any previously studies areas and extending the modeled reaches to cover drainage areas larger than 100 acres. The City initiated future flood plain mapping in 2009 with a study of the Copper Sandy Creek basin. This study provided a limited detailed study using available topographic information obtained from Fulton County (5 foot contour interval). 3.0 STATEMENT OF WORK The study will include hydrologic and hydraulic analysis and mapping of the existing and future I00 -year floodplain in accordance with the Metropolitan North Georgia Water Planning District (MNGWPD) requirements and to the standards required by the Federal Emergency Management Agency (FEMA) for a limited detail study, as applicable. Existing and future floodplains will be established to the 100 -acre basin City-wide. As previously noted, the Copper Sandy Creek basin was studied in 2009, This study included the development of rainfall/runoff models for the existing and future land use condition in the City. Results from this study will be provided. For this contract, the contractor will update the existing HECRAS model (provided) with new bridge, dam and roadway crossing data based on the new 2 foot LIDAR based topography to re -calculate existing and future 100 -year flood elevations. The revised HECRAS model results will then be re -delineated using the new topography as provided for in this contract. All additional requirements of this scope, such as mapping deliverables, are also applicable to the Copper Sandy Creek basin. The remaining watersheds within the City, larger than 100 acres, are to receive limited detailed study as described in this document. The consultant will utilize the latest version of the US Army Corps of Engineers (USACOE) hydrologic and hydraulic engineering software to develop existing and future hydrology and floodplain. The applicable software should be obtained by the selected consultant. The City will provide the selected consultant our latest aerial topographic maps (digital version, 2 foot contour interval, completed 2010, LIDAR based), future land uses and zoning, previously conducted future flood model studies (Copper Sandy Creek basin), as -built dam information for the NRCS dams, and GIS storm inventory data. The GIS storm inventory data is approximate and was not collected with survey accuracy. The following is a link to a map illustrating the Hydrologic Network which illustrates drainage basins delineated down to 100 acre watersheds 15 h PIN City of Milton and stream crossings (roads). htta://www.cityofnii[ionga.i)rg/Milton Basin Map U ated 121409.pdf This document shall be used as a basis for of this lump sum bid. Should scope requirements differ from those described in these documents, adjustments to the contract price may he obtained from the 10% contingency reserve based on unit prices submitted. Use of contingency funds shall first be approved by the City, and shall be based on substantial deviation from the original scope. All survey and GIS data provided in deliverables must he in NAV83 State Plane Georgia West (feet) horizontal projection and NAVD88 (feet) vertical datum. The City estimates that the existing stream miles are as follows: TABLE 1 - FLOOD PLAIN MAPPING (RE -DELINEATED ON NEW TOPOGRAPHY) Stream Length Summary TABLE 2 — FLOOD PLAIN MAPPING (LIMITED DETAIL STUDY) Stream Length Summar Streams with drainage areas greater than 100- acres and less than 640 -acres Streams with drainage areas greater than 640- acres Total Stream Length (drainage areas greater than 100 acres) Study Area Feet Miles Feet Miles Feet Miles Copper Sandy Creek 53,621 10.2 42,137 8.0 95,757 18.2 Chicken Creek 88,986 16.9 107,837 20.4 196,823 37.3 Total 53,621 10.2 42,137 8.0 95,757 18.2 TABLE 2 — FLOOD PLAIN MAPPING (LIMITED DETAIL STUDY) Stream Length Summar 16 h ��� City of Milton Streams with drainage areas greater than 100- acres and less than 640 -acres Streams with drainage areas greater than 640- acres Total Stream Length (drainage areas greater than 100 acres) Study Area Feet Miles Feet Miles Feet Miles Camp Creek 18,095 3.4 2,173 0A 20,268 3.8 Chicken Creek 88,986 16.9 107,837 20.4 196,823 37.3 Little River 20,637 3.9 47,896 9.1 68,533 13.0 Rocky Creek - _ 3,340 0.6 3,340 0.6 Tributary to Little River 7,765 1.5 2,364 0.4 10,129 1.9 Total 135,483 25.7 163,610 29.9 299,094 56.6 16 h ��� City of Milton Note: Portions of this project border with other municipalities. In developing the hydraulic models for these basins, the consultant shall utilize the best available topographic information to supplement data provided for the City of Milton. Probable sources of topographic are the GIS data bases from these neighboring municipalities. TABLE 3 — FEMA STUDIED STREAM (EXISTING) Stream Lenbth Summary Approximate Contributory Drainage Area by Study Area Camp Creek - 2,665 acres (4.2 square miles) Chicken Creek - 15,467 acres (24,2 square miles) Copper Sandy Creek- 7,021 acres (11.0 square miles) Little River- 6,206 acres (9.7 square miles) Rocky Creek- 1,718 acres (2.7 square miles) Tributary to Little River- 1,592 acres (2,5 square miles) Criteria for Re -Delineation of Copper Sandy Creek Basin: The consultant shall be required to provide an update to the Limited Detail Study completed in 2010 for the Copper Sandy Creek basin floodplain. This study was based on a DTM developed from 5 foot contour maps provided by the City. Under this contract the consultant shall revise the existing HECRAS model (provided), with updated bridge, dam and road crossing data using the new DTM (based on 2 foot LIDAR based topography), establish existing and future floodplain elevations and provide new floodplain maps and profiles consistent with the remainder of this contract. Modifications will only be required in the immediate vicinity of bridges, dams, and road crossings. The elevations will be calibrated based on at least 3 field measured embankment profile elevations established with a survey grade CPS device or other means to ensure the data is accurate to ±0.1 feet. All other measurements and elevations at the structure should be relative to the field measured road profile elevations. A sketch of each structure input into the model shall be required. A]I other requirements of this contract will also be provided for the Copper Sandy Creek basin, including a summary report of methods and results, digital models, and maps. These deliverables are described in greater detail in the following paragraphs. 17 City of Milton FEMA Tone AE A 500 -Year Total Feet I Miles Feet Miles Feet Miles Feet Miles Study Area Camp Creek - - 15,686 3.0 20,268 3.8 35,953 6.8 Chicken Creek 62,417 11.8 83,931 15.9 183,117 34.7 329,464 62.4 Copper Sandy Creek 38,069 7.2 9,546 L8 92,149 17.5 139,764 26.5 Little River - - 49,360 9.3 67,870 12.9 117,229 22.2 Rocky Creek 3,340 0.6 - - 3,340 0.6 6,681 1.2 Tributary to Little River - - 3,778 0.7 10,129 1.9 13,907 2.6 Total 103,826 19.6 162,300 30.7 376,873 71.4 542,999 121.7 Approximate Contributory Drainage Area by Study Area Camp Creek - 2,665 acres (4.2 square miles) Chicken Creek - 15,467 acres (24,2 square miles) Copper Sandy Creek- 7,021 acres (11.0 square miles) Little River- 6,206 acres (9.7 square miles) Rocky Creek- 1,718 acres (2.7 square miles) Tributary to Little River- 1,592 acres (2,5 square miles) Criteria for Re -Delineation of Copper Sandy Creek Basin: The consultant shall be required to provide an update to the Limited Detail Study completed in 2010 for the Copper Sandy Creek basin floodplain. This study was based on a DTM developed from 5 foot contour maps provided by the City. Under this contract the consultant shall revise the existing HECRAS model (provided), with updated bridge, dam and road crossing data using the new DTM (based on 2 foot LIDAR based topography), establish existing and future floodplain elevations and provide new floodplain maps and profiles consistent with the remainder of this contract. Modifications will only be required in the immediate vicinity of bridges, dams, and road crossings. The elevations will be calibrated based on at least 3 field measured embankment profile elevations established with a survey grade CPS device or other means to ensure the data is accurate to ±0.1 feet. All other measurements and elevations at the structure should be relative to the field measured road profile elevations. A sketch of each structure input into the model shall be required. A]I other requirements of this contract will also be provided for the Copper Sandy Creek basin, including a summary report of methods and results, digital models, and maps. These deliverables are described in greater detail in the following paragraphs. 17 City of Milton Criteria for New [inched Detail Studies: The selected consultant should expect to complete field reconnaissance on the culvert and storm structure data consistent with the minimum standards required by FEMA for limited detail studies and as described in this document. The consultant may use any information provided by the City stormwater inventory, but should recognize that this information is not survey data. The consultant will utilize the latest versions of i.ISACOE HEC series hydrologic and hydraulic engineering software to establish existing and future runoff rates and peak flood stages in the City of Milton. The consultant shall develop a rainfall/runoff model for each watershed for both the existing and the future land use conditions.. These models should not include reservoir routing dams, reservoirs, or roadway crossings in the City. The consultant shall develop a HEC -RAS hydraulic model of each watershed. The model shall utilize cross- sections cut at appropriate locations from a Digital Terrain Model (DTM) developed from the LIDAR based 2 foot topography provided by the City. The model shall include a sufficient number of cross sections to accurately define the flood elevation but in no case shall that be less than 5 natural cross sections per stream mile, in addition to those provided at structures, and at any hydraulically significant spots. Additional sections can be cut as needed from the City of Milton's digital topography in accordance with FEMA's Guidelines and Specifications for Flood Hazard Mapping Partners. Dams, roadway crossings, bridges, and culverts shall be included in the HEC -RAS model. The consultant will be required to visit each site, make a sketch, and take measurements of the embankment and opening geometry, restrictions, and roadway profile. In addition, at least 3 survey grade GPS elevation measurements shall be provided for each road embankment profile. The actual profile shall be based on a cross-section cut from the DTM and adjusted using GPS measurement. All other measurements and elevations at the structure should be relative to the field measured GPS elevations. At all dams the consultant shall assume that the primary spillway is not functioning and all flow is directed over the emergency spillway or top of the dam, Data obtained from the DTM may he used for this purpose and field data collection will not be required at dam locations. The basic geometry of the structure is required in accordance with REC-RAS modeling standards; however specific surveyed elevations are not required except those provided by GPS to establish the road profile. All other measurements and elevations at the structure should be relative to the field measured GPS elevations. For the limited detailed studies in this project the 100 -year flood profiles must be modeled For both existing and future land use conditions. The studies and models shall meet, at a minimum, FEMA Limited Detailed Study standards. The hydraulic models will include areas previously mapped on the FIRM. According to FEMA the original hydraulic models prepared for these areas are no longer available. For those areas where detailed studies have been conducted (AE zones) the consultant shall calibrate the new models to insure future flood elevations are greater than existing FIRM elevations, and that existing flood elevations reasonably match those indicated on the FIRM and closely match those elevations at the upstream end of the detailed study reach. Certification by a Professional Engineer that the streams studied meet the requirements of this work scope will be required. Consultant should build time into proposal for coordination with the City staff. Deliverables: GENERAL. The selected consultant will provide the modeling studies and pdf copies of the maps and profiles similar to those from the 2009-2010 models and maps provided by the City. The submittals shall include a report of the hydrologic and hydraulic methods and results which is appropriate and suitable for submission to FEMA for review and acceptance into the City's flood insurance program. The intent of these submittals is so that the City will have the capability to update the A zones with BFE information and to establish future flood elevations. It is not the intent to make changes to the AE zones. The consultant will not be required to submit this data to FEMA on behalf of the city. The final maps will show both the existing conditions 100 -year floodplain and the 100 -year future n IS City of !Nikon floodplain. All maps will be updated with the new topography contours and show the re -delineated floodplains and future floodplains. All information will also be provided in appropriate geo referenced data and shape files that can be incorporated into the City GIS system. SPECIFIC DELIVERABLES: • Digital HEC -HMS hydrologic models for all studied streams, ■ All Digital databases which support HEC -HMS or HEC -RAS models for all studied streams, ■ Digital HEC -RAS hydraulic models for all studied streams, ■ Existing and Future conditions floodplains for all studied streams presented fully spatially referenced in NAD 1983, State Plane Georgia West coordinate system as a shape file and a pdf file plotted on aerial photographs, ■ Existing and Future conditions profiles, ■ All items required by FEMA and Georgia DNR to incorporate data into a FIRM update, • Report of hydrologic and hydraulic methods and results appropriate for submission to FEMA for a Limited Detail Study, Now: Samples of the map format will be provided to the selected Firin, once the project is initiated, SECTION 4: OFFEROR QUALIFICATIONS 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the offeror to provide the supplies and/or perform the services specified, 4.1 OFFEROR INFORMATIONAL REQUIREMENTS Firms interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 19 /n +� City of Milton SECTION 5: COST PROPOSAL 4City of Milton MUST BE RETURNED WITH BID FY2012 Floodplain Mapping Services 12-PW02 One (1) original and two (2) copies of the cost proposal shall be submitted in a separate sealed envelope before the required deadline. The offerors cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5.0. Total Lump Sum Price: Unit Prices: a. Price per stream mile: (includes 10% contingency) b. Price per road crossing section: c. Include hourly rates on a separate sheet for all personnel classifications to be used on this project Print/Type Company Name Here: Authorized Signature Date Print/Type N Print/Type Company Name Here 20 �� *rCity of Milton SECTION 6; EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the offers according to the following criteria: • Proposals not meeting the minimum technical requirements and those who are non-responsive will not be considered. • A selection team for the City will evaluate and score all technical proposals received. + Cost Proposals will be reviewed after the technical review process. Proposal Evaluation Criteria • Key Personnel 25% • References 15% • Background and Related Project Experience 25% • Work Plan 15 • Price (Section 5.0) 20% 21 �1� City of Milton SECTION 7. STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City's standard contract is attached to this document as Appendix A. Offerors should notify the City of any terms within the standard contract that either preclude them from responding to the RFP or add unnecessary cost. This notification must be made by the deadline for receipt of written/e-mailed questions or with the offeror's RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any Formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non -material, minor, insubstantial exceptions to the standard contract with the highest scoring offeror at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the offeror's RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City's standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring offeror. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 7.2 SUBCONTRACTORS The highest scoring offeror will be the prime contractor if a contract is awarded and shall be responsible, in total, for all work of any subcontractors. All subcontractors, if any, must be listed in the proposal. The City reserves the right to approve all subcontractors. The Contractor shall be responsible to the City for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Contractor. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE REQUIREMENTS See Section 4.0 of the contract in Appendix A. 7.4 COMPLIANCE WITH WORKERS' COMPENSATION ACT The Contractor is required to supply the City of Milton with proof of compliance with the Workers' Compensation Act while performing work for the City. Neither the Contractor nor its employees are employees of the City. The proof of insurance/exemption must be received by the City of Milton within IO working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Contractor must, in performance of work under this contract. fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination 22 rn City of Milton Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by the Contractor subjects subcontractors to the same provision. The Contractor agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See Section 5.0 of the contract in Appendix A, 23 ` City of Milton APPENDIX A. STANDARD CONTRACT REFERENCE ONLY Do not include this contract with your submittal City reserves the right to make changes to this contract CC'ity of Milton CONTRACT AGREEMENT RFP #12-PW02 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is effective as of this day of , 2011, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Council of the City of Milton ("City"), and XXXXX. a Georgia Corporation, ("Consultant"), collectively referred to as the "Parties". WITNESSETH THAT: WHEREAS, the City desires to retain Consultant to provide certain services generally described as XXXXXXXXXX(the "Work"); and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work contemplated under this Agreement; and WHEREAS, the Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, the Consultant desires to perform the Work under the terms and conditions set forth in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and NOW, THEREFORE, the Parties hereto do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Prolect Descri tion XXXXXXXXXXXXXXXXXXXXXXXX B. The Work The Work to be completed under this Agreement (the "Work") consists of Exhibit A and the Consultants response (Exhibit B). In the event of a conflict among the terms of this Agreement, Exhibit A and Exhibit B, the term that is most advantageous to the City shall govern. C. Schedule, Completion Date, and 'Term of Agreement 24 City of Milton Consultant warrants and represents that it will perform its services in a prompt and timely manner, which shall not impose delays on the progress of the Work. This Agreement shall commence as of the date first written above, and the Work shall be completed on or before sixty days (60) from execution of contract. IL WORK CHANGES A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. C. The City Manager has authority to execute without further action of the City of Milton Mayor and Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement, as set forth in Section III(B) below. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $25,000 must be approved by resolution of the City of Milton Mayor and Council. III. COMPENSATION AND METHOD OF PAYMENT A. City agrees to pay the Consultant for the services performed and costs incurred by Consultant upon certification by the City that the services were actually performed and costs actually incurred in accordance with the Agreement. Compensation for services performed and reimbursement for costs incurred shall he paid to the Consultant upon receipt and approval by the City of invoices setting forth in detail the services performed and costs incurred. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handle through change orders as described in Section II above. The City shall pay the Consultant within thirty (30) days after approval of the invoice by City staff. B. The total amount paid under this Agreement as compensation for services performed and reimbursement for costs incurred shall not, in any case, exceed $XXXXX, except as outlined in Section II(C) above. The compensation for services performed shall be based upon a flat fee. C. Reimbursement for costs incurred shall be limited as follows. bong distance telephone and telecommunications, facsimile transmission, normal postage and express mail charges, photocopying time shall be at cost. Supplies and outside services, transportation, lodging, meals and authorized subcontracts shall be at cost plus no more than a 10% administrative burden. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service. IV. COVENANTS OF CONSULTANT A. Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 25 �� city of Milton B. Budeetary Limitations Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Consultant's profession and industry. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Consultant's profession and industry, Consultant will give written notice immediately to the City. C. City's Reliance on the Work The Consultant acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Consultant and that; therefore, the City bears no responsibility for Consultant's services performed under this Agreement. The Consultant acknowledges and agrees• that the acceptance of designs, plans, and specifications by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant's performance. Consultant further agrees that no approval of designs, plans, or specifications by any person, body or agency shall relieve Consultant of the responsibility for adequacy, Fitness, suitability, and correctness of Consultant's professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. D. Consultant's Reliance of Submissions by the City Consultant must have timely information and input from the City in order to perform the services required under this Agreement. Consultant is entitled to rely upon information provided by the City, but Consultant shall be required to provide immediate written notice to the City if Consultant knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. E. Consultant's Representative shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative. F. AssiEmment of Agreement The Consultant covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Consultant shall be solely responsible for reimbursing there and the City shall have no obligation to them. G. Responsibility of Consultant and Indemnification of City The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any subcontractor, anyone directly or indirectly employed by the Consultant or subcontractor or anyone for whose acts the Consultant or subcontractor may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation (if indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any subcontractor, anyone directly or indirectly employed by the Consultant or subcontractor or anyone for whose acts the Consultant or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for 26 trity of Milton the Consultant or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement, H. Independent Contractor Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Consultant agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Consultants, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of the City with regard to the results of such services only. I. Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability {owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability of $1,000,000 limit for claims arising nut of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000.000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Covera. -e, I27ell, �y�� City of Milton (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against wham claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a `pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (h) Workers' Cain ensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (6) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and 28 �� �rCkty of Milton approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (S) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. J. Employment of Unauthorized Aliens Prohibited It is the policy of City that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "E" and "F" that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. The City Manager or his/her designee shall further he authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Contractor to terminate or require its subcontractor to terminate that person's employment immediately and to report same to the Department of Homeland Security. The Contractor's failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of C.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Contractor's compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor's affidavit attached as Exhibit "E." The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. K. Records, Retorts and Audits 29 fes`' *!� City of Milton (1) Records: (a) Records shall be established and maintained by the Consultant in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall he maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Consultant shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any tune during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Consultant will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. L. Conflicts of Interest Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. M. Confidentiality Consultant acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Consultant agrees that confidential information it receives or such reports, information, opinions or conclusions that Consultant creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. N. Compliance with Laws Regulating Ule al Aliens The United States Congress enacted the Immigration Reform and Control Act of 1986 (IBCA), P.L. 99- 643, which required the former Immigration and Naturalization Service (now the Department of Homeland Security) to establish a system for verifying the immigration status of non -citizen applicants for, and recipients of, certain types of federally funded benefits, and to make the system available to Federal, State, and local benefit -issuing agencies and institutions that administer such benefits. The Consultant covenants and declares that it is enrolled in the Basic Employment Verification Pilot Program, and that it has verified the employment eligibility of all its employees utilizing such program. Consultant shall likewise require all subcontractors or sub -consultants to verify the employment eligibility of all their respective employees utilizing the Basic Employment Verification Pilot Program. Consultant shall provide documentation 30 rCity of Milton N� prior to commencing work under this Agreement, in a form acceptable to the City, affirming the Consultant's compliance with this Section. O. Licenses. Certifications and Permits The Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Consultant by any and all national, state, regional, City, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. P. Key Personnel All of the individuals identified in Exhibit "C" are necessary for the successful prosecution of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Consultant's Project Manager or members of the project team, as listed in Exhibit "C", without written approval of the City. Consultant recognizes that the composition of this team was instrumental in the City's decision to award the work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for the City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Consultant's obligations under this Agreement and shall be grounds for termination. Consultant shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the City. Consultant shall be solely responsible for any such subcontractors in terms of performance and compensation. Q. Authority, to Contract The Consultant covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. R. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Consultant ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Consultant or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Consultant assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment, V. COVENANTS OF THE CITY A. Right of Entry_ The City shall provide for right of entry for Consultant and all necessary equipment to the City of Milton, in order for Consultant to complete the Work. B. City's ReiRresentative XXXXXXX shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative. 31 �� City of Milton VI. TERMINATION A. The City shall have the right to terminate this Agreement for any reason whatsoever by providing written notice thereof at least five (5) calendar days in advance of the termination date. The Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of the City's failure to pay the Consultant within thirty (34) days of Consultant providing the City with notice of a delinquent payment and an opportunity to cure, B. Upon termination, City shall provide for payment to the Consultant for services rendered and expenses incurred prior to the termination date. C. Upon termination, the Consultant shall; (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Consultant in performing this Agreement, whether completed or in process, in the form specified by the City. D. The rights and remedies of the City and the Consultant provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VII. NO PERSONAL LIABILITY No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. VIII. ENTIRE AGREEMENT This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. Ilii. SUCCESSORS AND ASSIGNS Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. X. APPLICABLE LAW If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. 32 City of Milton XI. CAPTIONS AND SEVERABILITY The caption or headnote on articles or sections of this Agreement are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement nor in any way affect this Agreement. Should any article(s) or section(s), or any part thereof, later be deemed unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed and the remainder of this Agreement shall remain in full force and effect to the extent possible. XII. BUSINESS LICENSE Prior to commencement of the services to be provided hereunder, Consultant, if appropriate, shall apply to the City for a business license, pay the applicable business license fee, and maintain said business license during the term of this Agreement. XIII. NOTICES A. Communications Relatine to Daily Activities All communications relating to the day-to-day activities of the Work shall be exchanged between XXXXXXXXX for the City and for the Consultant. B. Official Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be Furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107f Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: XIV. WAIVER OF AGREEMENT The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. XV. SOVEREIGN IMMUNITY Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. XVI. FORCE MAJEURE 33 int`' I City of Milton Neither the City nor Consultant shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or For any delay in such performance due to: (a) any cause beyond their respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood: (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONSULTANT; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. IN WITNESS WHEREOF the City and the Consultant have executed this Agreement effective as of the date the City Manager executes this Agreement on behalf of the City. [SIGNATURES ON FOLLOWING PAGE] 34 City of Milton Approved as to form: City Attorney SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires; CONSULTANT; XXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXX [AFFIX CORPORATE SEAL] CITY OF MILTON By: Its: SIGNED, SEALED, AND DELIVERED in the presence of.- Witness f:Witness Notary Public [NOTARY SEAL] My Commission Expires: [CITY SEAL] 35 fN �City of Milton ! � Exhibit A City of Milton ek 36 Exhibit B h -Ity of Milton 37 Exhibit C City of Milton 38 Exhibit D n City of Milton 39 STATE OF GEORGIA CITY OF MILTON EXHIBIT "E" CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O,C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C. G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit "I." Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. EEV 1 Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date XXXXXX Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 2010 Notary Public My Commission Expires: ,,r n 40 — `PCity of Milton STATE OF GEORGIA CITY OF MILTON EXHIBIT "F" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A.§ 13-10-91. EEV 1 Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date [INSERT SUBCONTRACTOR NAME] Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 200_ Notary Public My Commission Expires: 41 S, �; � City of Milton -'0'0r' 4 City of Milton I(A5 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 12-PW02 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242-2511 Fax: 678-242-2499 Email: LjEk e_arceOcityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature ADDENDUM #1 Date 42 City of Milton FP 12-PWQ2 DUE DATE EXTENDED New Due Date for RFP 12-PW02: January 19th 2012 at 3:09pm Addendum #2 will be posted shortly. It will contain questions and the City's official answers along with additional data. 43 n ��� City of Milton City of Milton 41(� ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 RFP 12-PW02 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn. Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242-2511 Fax: 678-242-2499 Email: rick.pearce@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME. CONTACT PERSON: ADDRESS: CITY: PHONE: EMAIL ADDRESS: Signature ADDENDUM #2 STATE: ZIP: FAX: Date rr 44 *rCity of Milton Item #1 On Page 15 under the "Criteria for Re -Delineation of Copper Sandy Creek Basin" delete the following sentence: "The elevations will be calibrated based on at least 3 held measured embankment profile elevations established with a survey grade GPS device or other means to ensure the data is accurate to ±0.1 feet." Replace with: "The elevations along the top of the roadway embankment will be calibrated based on at least 3 held measured profile elevations established with a survey grade GPS device or other means to ensure the data is accurate to ±0.1 feet. Elevation data may be obtained from the DTM for dams and structures located outside of the right-of-way. Field data collection will not be required at these locations." Item #2 Clarification on Page 16 under the section titled "Criteria for New Limited Detailed Studies". In the third paragraph the RFP states, "The model shall utilize cross sections cut at appropriate [orations froth a Digital Terrain Model (DTM) developed from the LIDAR based 2 foot topography provided by the City. " The city will provide a citywide DEM with break lines in ESRI format in addition to the 2 foot aerial topography Questions and Answers 1. Question: Section I. (9) requires that "The City shall be named as an additional insured and loss payee on all policies required by this Agreement." Typically this statement would exclude workers compensation and professional liability insurance policies. Naming the client on the policy cannot be accomplished on a professional liability policy sinee the client is not providing professional services. In addition, because «f the wording of the policy, if the client were a named insured, it could never collect under the policy if damaged because the policy pays on behalf of the named insured and not to the named insured. Answer: The statement is correct, Loss Payee verbiage only applies to property/equipment. 2. Question: Is the floodway also to be determined as a part of the RFP? The RFP doesn't state it Answer: No. 3. Question: RFP states that the modeling will follow FEMA guidelines. FEMA guidelines require the 10, 50, 100 and 500 year floods be determined along with the 100 year floodways. The RFP only mentions the 140 year present and future conditions modeling. Which requirement is going to be followed? Answer: We are not. We are only intending to do the existing and future 100 year flood plain. 45 * City of Milton 4. Question: The RFP states that the time to complete is 60 days. this seems to be a extremely 60 time for the amount of services to be provided. is this correct? Answer: The 60 days was part of the reference sample contract only and not a requirement of this RFP, The consultant is required, as part of the RFP, to submit a work schedule and work program. 5. Question: In addition to updating previous model of Copper Sandy Creek, the RFP describes the maps and profiles deliverables for this project to be similar to those from the previous study. In order to a better understand of the level of effort required to complete this project, can the model and maps from the previous study be made available'? Also, can you clarify the limits of the LIDAR data along the Little River, which bounds the City on the west, i.e. does it include the entire stream width and extend slightly into Cherokee County? Additional topography will be required for the hydrologic study to include the drainage area in Cherokee County which contributes to the Little River, however, additional field measures may be required for the hydraulic study if the "seam" between the two topography sources occurs within the stream itself. Answer: A sample of the profile and aerials are available at: www.cityofniIton2a.onz/santnle flood Dlain data.ziD--62MB THE IS A VERY LARGE FILE AND MAY SOME TIME TO DOWNLOAD For the purposes of this RFP, the consultant will assume that the LIDAR data that we have will cover the flood plain on the Cherokee County side of the Little River. 6. Question: Page 7, section 1.4, A. Submittal Requirements, Item 4a states: Each technical proposal shall be: a. Maximum of thirty (30) single sided pages (ten pages if double -sided). If printed double -sided, please provide clarification as to whether the maximum number of double -sided pages should be ten or 15 pages. Answer: It should be 15 if double sided. 7. Question: Page 7, section 1.4, A. Submittal Requirements, Item 4b states: Each technical proposal shall be: Minimum of 1 1 point size. Are graphics and tables excluded from the minimum 1 I point font size? Answer: Yes. r1 46 City of Milton 8. Question: Page 7, section 1.4. A. Submittal Requirements, Item 4 states: Each technical proposal shall contain: Cover letter — introductory remarks and proposal summary — no longer than two pages. It's my understanding that the cover letter is limited to two pages and is included in the 30 -page limit. Please confirm. Answer: Yes. 9. Question: Can 11 x 17 size paper folded down to 8 14 x 11 size be included? If yes, does it count as one or two pages? Answer: Yes and one page. 10. Question: Please confirm section dividers do not count towards the 30 -page limit. Answer: They do not count. 11. Question: Please confirm that acknowledgement of addenda forms do not count towards the 30 -page limit. Answer: They do not count towards the 30 -page limit. 12. Question: In the event a firm has any exceptions to the standard contract terms and includes them with our RFP response, does our exceptions page count towards the 30 -page limit? Answer: It does not count towards the 30 -page limit. 13. Question: Page 13, Section 3.0: Was the USACE HEC -HMS model used to develop the hydrology for the Copper Sandy Creek basin study completed in 2009? If not, what model was used to develop the hydrology for this study'? Answer: Yes the HEC HMS model was used and this data for Cooper Sandy Geek will be made available to the selected consultant. 47 pity of Milton 14. Question: Page 13, Section 3.0: Is the HEC -RAS model that will be provided for the Copper Sandy Creek basin study georeferenced? If so, will you be providing all the GeoRAS layers along with the HEC -RAS model? Answer: Yes, the model is geo-referenced. The existing HEC -RAS model will be provided along with all available data. 15. Question: Page 16, under "Criteria for New LD Studies", second paragraph: The statement is made "These models should NOT include reservoir routing dams, reservoirs, or roadway crossings in the City". We are assuming you mean the hydrologic models here. Can you clarify why you do not want routings included in the models, as we have found that the inclusion of storage can (depending on the emhankment) have quite an effect on water surface elevations? Answer: We are not going to include those because the city doesn't maintain these structures. Our assumption for this study is that those structures are not functioning and all flows will go over the embankment or emergency spillway. 16. Question: Page 17, under Deliverables: It is indicated that the City does not wish to make any changes to the AF zones that are currently mapped on the FIRMS, but the City does want the project submittals to be in a Format that is suitable for submission to FEMA at some point. It is our understanding that FEMA will not accept mapping performed using Limited Details modeling methods along streams that already have existing AE zones (resulting from Detailed Studied methods). Can you clarify if we understand this correctly, that you do wish for your new mapping in the existing AE zones to be performed using Limited Detail methodology`? Answer: We are not intending to modify any of the existing AE zones that we have. The Copper Sandy Creek Basin and the mainline of the Chicken Creek Basin are the only ones that have AE elevations established and so at this point, the existing AE base flood elevations will be used as a reference to calibrate the baseline modeling for the existing conditions. We are not anticipating adjusting any of those elevations with FEMA. 17. Question: I have enrolled and registered in E verify program but they have not sent me my user identification number. How will this affect me? Answer: Being registered with E -verify and having an identification number is part of our contractual requirement but does not preclude you from responding to this RFP 48 ��� City of Milton 18. Question: For Copper Sandy Creek HEC -RAS models, we understand from the RFP that the ground data for cross section are to he updated using the 2 -ft LIDAR and adding bridges/culverts & dams. Are the flows, Manning n -values, ineffective flow areas, blocked obstructions to be kept the same as the 2009 model? Answer: In the Copper Sandy Creek basin no adjustments will he required to the HEC HMS model. In the HEC RAS model road crossing and dam data is required to be updated, not the cross section information. GPS shots on all road crossings within the public right-of-way are required to verify and calibrate: the data from the previous model. Elevation data for dams and structures outside of the public right -of --way may be obtained from the DTM. The consultant will need to determine if any other information needs to be updated based on the new data. 19. Question: Is there any GDOT data available to leverage for limited detailed study to minimize survey? Answer: Not that the city can provide. 20. Question: Is the Proposal Letter form (page 4 of the RFP) considered the maximum 2 -page cover letter mentioned on page 7 (section l .3, item a), or are you requesting a separate letter on our letterhead? Answer: The proposal letter form is required and is not part of the 30 page limit. Any cover letter provided in addition to this form is part of the 30 page limit. 21. Question: Are the required forms (Cover Sheet, Disclosure Form, Proposal Letter and Exhibits E and F) included in The 30 -page limit? Answer: Forms provided by the city that are required to be filled out and returned do not count toward the 30 page limit. Forms that are included in the sample contract are not required to be submitted as part of the RFP. 22. Question: Exhibits A, B, C and D from the Standard Contract are not in the RFP package. Was this an omission? Are any of those forms required with the proposal? Answer: The exhibits all relate to the standard contract and are not required to be submitted with the RFP. They will he developed with the selected contractor. n 49 P'; City of Milton 23. Question: Section 5 Cost Proposal — There is a place for the Total Lump Sum Price and then unit prices by mile and by road crossing. Are the unit prices per mile and road crossing to be quoted for "additional" items beyond those included in the Total Lump Sum Price, or are they part of the Lump Sum Price? Answer: They are to be quoted for additional items not currently in this scope of services. The Total Lump Sum price should include all work necessary to complete the services requested in this scope. 24. Question: Exhibits E and F — Are the Contractor and subcontractor affidavit required with the proposal or will they be provided at time of award? Answer: At the time the contract is awarded. They are not required as part of the RFP submittal. 25. Question: Insurance Requirements — Section I(6). We cannot comply with the requirement in the final sentence. We negotiate renewals up to the last minute. We can agree to provide proof of renewal within 5 days of expiration, but not two weeks. Answer: As long as the consultant can demonstrate that coverage is maintained for the duration of this contract that will be acceptable. 26. Question: Insurance Requirements — Section I (9). Professional Liability and Workers Compensation need to be removed from this paragraph. Answer: See the response to Question 1. 27. Question: On page 15 in the Statement of Work, the RFP references survey requirements for the Copper Sandy Creek Basin. Are only new road crossings not included in the 2009 study to be surveyed or do all road crossings within the basin require survey? Answer: All road crossings should be updated. Elevation data for structures outside of the public right-of-way may be obtained from the DTM. Data for structures within the public right-of-way should be obtained in accordance with the RFP. 50 ��City of Milton 28. Question: In the pre -proposal conference, it was noted that dams do not need to be surveyed. If a darn has a public road across the top of it, does that road need to be surveyed? Answer: Yes, 29. Question: Do non -roadway culvert and bridge crossings such as driveways, cart paths, and pedestrian bridges need to be surveyed? Answer: Only the top of embankment for road crossings within the public right-of-way need to be surveyed_ Data for structures outside the public right-of-way may be obtained From the DTM or basic field measurements. 30. Question: Table 3 on page 15 of the RFP smnmarizes the FEMA 500 -year floodplain mileage. Is it intended to perform limited detail studies for the 71 miles indicated in the table as 500 -year floodplain? Answer: The study should include all streams up to the 100 acre drainage basin as indicated on the snap included in the RFP. 31. Question: If a Table of Contents and Tabs/Dividers are used, will they count toward the page limit? Answer: Table of contents will count, tab/dividers do not. 32. Question: In the introductory paragraph of the Standard Contract, would the City accept replacing "Georgia Corporation" with "a limited liability company with offices in Georgia" for a company were a limited liability company? Answer: Yes 33. Question: In the Standard Contract, would the City allow the following language to be added to the end of the last sentence in Section II.A: "...subject to Contractor's right to dispute the terms at a later date"? 51 ��� City of Milton Answer: No. 34. Question: In the Insurance Section of the Standard Contract, Section IV.I(4)(c)(i), the City requests 30 -days notice of change in coverage. Would the City allow this be amended to state that the carrier will "endeavor to provide" 30 days written notice? Answer: That may be discussed at the time the contract is awarded. 35. Question: Does the required proposal cover page/sheet count in the 30? Answer: No. 36. Question: Does the required City of Milton Disclosure Form count in the 30? Answer: No. 37. Question: Does the required City of Milton Proposal Letter count in the 30? Answer: No. 38. Question: Do the required signed cover sheets for each addenda count in the 30? Answer: No. 39. Question: Will tabs count in the 30? Answer: No. /n � City of Milton 52 40. Question: For the re -delineation of Copper Sandy Creek, it states that modifications will only be required in the immediate vicinity of bridges, dams, and road crossings. Are we not going to "re -cut" the cross sections from the new DTM as well? Answer: That is correct. In the Copper Sandy Creek basin the road crossings and dams will be updated but the cross sections will remain the same. The results from the updated HEC RAS runs will then be platted using the latest 2 foot topography and the latest aerial photography and new profiles will be run. There will be no changes to the HEC IIMS data in this basin. Questions from the pre-bid meeting held January 5, 2012. 1. Question: In the request, if we have information for lakes that were used in a storm water management plan for a subdivision inside the city; can we incorporate those into the model? Answer: No. Lakes are not to be considered in the hydrology and it will be assumed that the discharge from the lake will be over the emergency spillway or over the top of the dam. 2. Question: I have all the stuff for White Columns and inside of it we used detention in Chicken Creek and the SCS deal and everything else. So, since that's part of a master plan for a big development, am I going to ignore all that? Answer: Yes, you are going to assume that the primary outfall structure is not functioning. All flows will be taken on top of the dam. 3. Question: I know that there was a revised preliminary map that came out from FEMA in October of 2011. Was the city's updated LIDAR data used in any way in preparing the analysis for the mapping for that study? Answer: That information was provided to FEMA, 4. uestion- You said there were a 100 roadway crossings concerning you want to be surveyed. The parameters concerning surveying those crossings, should we basically just use our judgment regarding the bridge or whatever covering there is at those crossings? Is it 200' or 500', what's the parameters surveying the cross section? 53 ��; City of Milton Answer: The consultant is to provide a minimum of 3 survey grade GPS shots on the top of the road for all crossings within the public right-of-way to calibrate the crossing to the DTM. All of the other information on the dams or road crossings can be measured using tapes or methods to ensure that the data is all relative to the GPS shots along the top of the road. If additional measurements are required along the top of the road to adequately model the road crossing those points can be taken from the DTM and adjusted if necessary to the GPS shots. For crossings outside of the public right-of-way top of road elevations may be obtained from the DTM and all other measurements should be relative to that data. 54 City of Milton Sign in sheet for Ire -Bid Meeting: w City of Milton cjI k 55 E a 56 ` � City of Milton City of Milton 13000 Deerfield Parkway, Building 100 Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Sam Trager, Director of Human Resources Date: Submitted on February 13, 2012 for February 22 and March 5, 2012 City Council Meetings Agenda Item: Approval of an Ordinance Accepting the Restated Georgia Municipal Employee Benefit System (GMEBS) Official Plan Document for Retirement Program CMO (City Manager’s Office) Recommendation: Adopt the attached ordinance accepting the restated Retirement Plan Document outlining the details of the GMEBS retirement plan for City of Milton employees. Background: As changes occur to the master plan document, GMA and GMEBS are required to periodically have the master retirement plan reviewed by the IRS to assure the plan benefit maintains its tax favored status. Upon final review and approval by the IRS, all GMEBS member cities must have the restated plan approved by the governing authority. Discussion: There have been no changes to the City of Milton’s plan design or expected cost. The restated plan is required to be adopted via ordinance by the IRS, GMA and state law. The plan still contains information about: Employee eligibility requirements, Normal and early retirement eligibility, Retirement formulas, Employee contributions, Distribution options, and Vesting requirements. Three minor changes have been identified that include provisions for military service, disability benefits upon termination of service and the handling of forfeiture of benefits for public employment related crimes. Concurrent Review: Ken Jarrard, Attorney - Jarrard & Davis on 2/02/12 Chris Lagerbloom, City Manager Attachment: Defined Benefit Retirement Plan Adoption Agreement STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE ACCEPTING THE RESTATED GEORGIA MUNICIPAL EMPLOYEE BENEFIT SYSTEM OFFICIAL PLAN DOCUMENT FOR RETIREMENT PROGRAM An Ordinance to restate the Retirement Plan for the Employees of the City of Milton, Georgia in accordance with and subject to the terms and conditions set forth in the attached Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement. When accepted by the authorized officers of the City and GMEBS, the foregoing shall constitute a Contract between the City and GMEBS, all as authorized and provided by O.C.G.A. § 47-5-1 et seq. BE IT ORDAINED by the Mayor and Council of the City of Milton, Georgia while in a Regular called Council meeting on the 5th day of March, 2012 at 6:00 p.m. as follows: SECTION 1. The Retirement Plan for the Employees of the City of Milton, Georgia is hereby restated as set forth in and subject to the terms and conditions stated in the following Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement; SECTION 2. Except as otherwise specifically required by law or by the terms of the Master Plan or Adoption Agreement (or any Addendum), the rights and obligations under the Plan with respect to persons whose employment or term of office with the City was terminated for any reason whatsoever prior to the effective date of this Ordinance are fixed and shall be governed by such Plan, if any, as it existed and was in effect at the time of such termination; SECTION 3. The effective date of this Ordinance shall be the date of its approval by the Governing Authority; and; Page 2 of 2 SECTION 4. All Ordinances and parts of ordinances in conflict herewith are expressly repealed. ORDAINED the 5th day of March, 2012. _____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (SEAL) City of Milton (2011-2012 Restatement) GENERAL ADDENDUM TO THE GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM DEFINED BENEFIT RETIREMENT PLAN ADOPTION AGREEMENT This is an Addendum to the Adoption Agreement completed by the City of Milton, Georgia, as follows (complete one or more sections, as applicable): *** Items (1) and (2) of Pre-Approved Addendum – Not Applicable *** (3) Special Waiting Period Requirements for Regular Employees - (see Section 11 of Adoption Agreement regarding Waiting Period) (check as applicable): (a) No Waiting Period; Immediate Participation. Except as otherwise provided below or where suspension of benefits is required as provided in Section 6.06 of the Master Plan, there will be no waiting period for participation under the Plan. This provision shall apply to (check one): All Regular Employees. The following class(es) (the normal 1-year waiting period for participation will apply to all other Regular Employees) (must specify): City Manager. (b) Alternative Waiting Period. Regular Employees shall be required to complete ______ (specify time period) of continuous, uninterrupted Service with the Adopting Employer before they qualify for participation in the Plan. The determination as to whether the waiting period has been satisfied shall be made in accordance with provisions of the Master Plan. This alternative waiting period provision shall apply to (check one): All Regular Employees. The following class(es) (the normal 1-year waiting period will apply to all other Regular Employees) (must specify): __________________________________________________ [Repeat above subsection as necessary for each applicable waiting period and Participant class covered under the Plan.] - 2 - City of Milton (2011-2012 Restatement) *** Items (4) through (13) of Pre-Approved Addendum – Not Applicable *** The terms of the foregoing Addendum to the Adoption Agreement are approved by the _________________ of the City of Milton, Georgia this ________ day of _____________, 20____. Attest: CITY OF MILTON, GEORGIA _________________________ ____________________________________ City Clerk Mayor (SEAL) Approved: __________________________ City Attorney The terms of the foregoing Addendum are approved by the Board of Trustees of the Georgia Municipal Employees Benefit System. IN WITNESS WHEREOF, the Board of Trustees of the Georgia Municipal Employees Benefit System has caused its Seal and the signatures of its duly authorized officers to be affixed this ______ day of __________________________, 20____. Board of Trustees Georgia Municipal Employees Benefit System (SEAL) ____________________________________ Secretary City of Milton (2011-2012 Restatement) GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM DEFINED BENEFIT RETIREMENT PLAN ADOPTION AGREEMENT for City of Milton Form Volume Submitter Adoption Agreement Amended and Restated as of January 1, 2007 City of Milton (2011-2012 Restatement) - i - TABLE OF CONTENTS PAGE I. AN ORDINANCE........................................................................................................................1 II. GMEBS DEFINED BENEFIT RETIREMENT PLAN ADOPTION AGREEMENT...............2 1. ADMINISTRATOR ........................................................................................................2 2. ADOPTING EMPLOYER...............................................................................................2 3. GOVERNING AUTHORITY .........................................................................................2 4. PLAN REPRESENTATIVE............................................................................................2 5. PENSION COMMITTEE................................................................................................3 6. TYPE OF ADOPTION....................................................................................................3 7. EFFECTIVE DATE.........................................................................................................3 8. PLAN YEAR...................................................................................................................5 9. CLASSES OF ELIGIBLE EMPLOYEES.......................................................................5 A. Eligible Regular Employees ........................................................................5 B. Elected or Appointed Members of the Governing Authority......................5 10. ELIGIBILITY CONDITIONS.......................................................................................6 A. Hours Per Week (Regular Employees)........................................................6 B. Months Per Year (Regular Employees).......................................................7 11. WAITING PERIOD.......................................................................................................7 12. ESTABLISHING PARTICIPATION IN THE PLAN..................................................7 13. CREDITED SERVICE..................................................................................................7 A. Credited Past Service with Adopting Employer..........................................8 B. Prior Military Service ..................................................................................9 C. Prior Governmental Service.......................................................................11 D. Leave Conversion for Unused Paid Time Off (e.g., Sick, Vacation, or Personal Leave).....................................................................12 14. RETIREMENT ELIGIBILITY....................................................................................13 A. Early Retirement Qualifications ................................................................13 B. Normal Retirement Qualifications.............................................................14 C. Alternative Normal Retirement Qualifications..........................................15 D. Disability Benefit Qualifications...............................................................16 15. RETIREMENT BENEFIT COMPUTATION.............................................................17 A. Maximum Total Credited Service..............................................................17 B. Monthly Normal Retirement Benefit Amount...........................................17 C. Monthly Early Retirement Benefit Amount ..............................................20 D. Monthly Late Retirement Benefit Amount (check one):...........................21 E. Monthly Disability Benefit Amount..........................................................21 F. Minimum/Maximum Benefit For Elected Officials ..................................22 16. In-service distributions; cola........................................................................................22 A. Distributions For Those Who Remain In Service After Normal Retirement.....................................................................................22 B. Cost Of Living Adjustment........................................................................23 C. Re-Employment After Retirement.............................................................23 17. TERMINATION OF EMPLOYMENT BEFORE RETIREMENT; VESTING.........25 City of Milton (2011-2012 Restatement) - ii – A. Eligible Regular Employees ......................................................................25 B. Elected or Appointed Members of the Governing Authority....................25 18. PRE-RETIREMENT DEATH BENEFITS.................................................................26 A. In-Service Death Benefit............................................................................26 B. Terminated Vested Death Benefit..............................................................27 19. EMPLOYEE CONTRIBUTIONS...............................................................................28 20. MODIFICATION OF THE TERMS OF THE ADOPTION AGREEMENT.............29 21. TERMINATION OF THE ADOPTION AGREEMENT............................................29 22. EMPLOYER ADOPTION AND AUTHORIZATION FOR AMENDMENTS.........29 City of Milton (2011-2012 Restatement) I. AN ORDINANCE An Ordinance to restate the Retirement Plan for the Employees of the City of Milton, Georgia in accordance with and subject to the terms and conditions set forth in the attached Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement. When accepted by the authorized officers of the City and GMEBS, the foregoing shall constitute a Contract between the City and GMEBS, all as authorized and provided by O.C.G.A. § 47-5-1 et seq. BE IT ORDAINED by the Mayor and Council of the City of Milton, Georgia, and it is hereby ordained by the authority thereof: Section 1. The Retirement Plan for the Employees of the City of Milton, Georgia is hereby restated as set forth in and subject to the terms and conditions stated in the following Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement. [Ordinance continued on page 32] City of Milton (2011-2012 Restatement) - 2 - II. GMEBS DEFINED BENEFIT RETIREMENT PLAN ADOPTION AGREEMENT 1. ADMINISTRATOR Georgia Municipal Employees Benefit System 201 Pryor Street, SW Atlanta, Georgia 30303 Telephone: 404-688-0472 Facsimile: 404-577-6663 2. ADOPTING EMPLOYER Name: City of Milton, Georgia 3. GOVERNING AUTHORITY Name: Mayor and Council Address: 13000 Deerfield Parkway, Suite 107-A, Milton, Georgia 30004-6119 Phone: (678) 242-2500 Facsimile: (678) 242-2499 4. PLAN REPRESENTATIVE [To represent Governing Authority in all communications with GMEBS and Employees] (See Section 2.46 of Master Plan) Name: Director of Operations Address: 13000 Deerfield Parkway, Suite 107-A, Milton, Georgia 30004-6119 Phone: (678) 242-2500 Facsimile: (678) 242-2499 E-mail: City of Milton (2011-2012 Restatement) - 3 - 5. PENSION COMMITTEE [Please designate members by position. If not, members of Pension Committee shall be determined in accordance with Article XIV of Master Plan] Position: Position: Position: Position: Position: Position: Position: Pension Committee Secretary: Director of Human Resources Address: 13000 Deerfield Parkway, Suite 107-A, Milton, Georgia 30004-6119 Phone: (678) 242-2500 Facsimile: (678) 242-2499 E-mail: 6. TYPE OF ADOPTION This Adoption Agreement is for the following purpose (check one): This is a new defined benefit plan adopted by the Adopting Employer for its Employees. This plan does not replace or restate an existing defined benefit plan. This is an amendment and restatement of the Adoption Agreement previously adopted by the Employer, as follows (check one or more as applicable): To update the Plan to comply with EGTRRA and other applicable federal laws. To make the following amendments to the Adoption Agreement (must specify below revisions made in this Adoption Agreement): __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 7. EFFECTIVE DATE NOTE: This Adoption Agreement and any Addendum, with the accompanying Master Plan Document, is designed to comply with Internal Revenue Code Section 401(a), as applicable to a governmental qualified defined benefit plan, and is part of the GMEBS Defined Benefit Retirement Plan. Plan provisions designed to comply with certain provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) are effective for Plan Years City of Milton (2011-2012 Restatement) - 4 - beginning on and after January 1, 2002. Plan provisions designed to comply with certain provisions of additional changes in federal law and guidance from the Internal Revenue Service under Internal Revenue Service Notice 2007-3 (the 2006 Cumulative List) are effective as of the applicable effective dates set forth in the Adoption Agreement and Master Plan Document. By adopting this Adoption Agreement, with its accompanying Master Plan Document, the Adopting Employer is adopting a plan document intended to comply with Internal Revenue Code Section 401(a), as updated by EGTRRA and the 2006 Cumulative List with the applicable effective dates. (1) Complete this item (1) only if this is a new defined benefit plan which does not replace or restate an existing defined benefit plan. The effective date of this Plan is . (insert effective date of this Adoption Agreement not earlier than January 1, 2007). (2) Complete this item (2) only if this Plan is being adopted to replace a non-GMEBS defined benefit plan. Except as otherwise specifically provided in the Master Document or in this Adoption Agreement, the effective date of this restatement shall be (insert effective date of this Adoption Agreement not earlier than January 1, 2007). This Plan is intended to replace and serve as an amendment and restatement of the Employer’s preexisting plan, which became effective on (insert original effective date of preexisting plan). (3) Complete this item (3) only if this is an amendment and complete restatement of the Adopting Employer's existing GMEBS defined benefit plan. Except as otherwise specifically provided in the Master Document or in this Adoption Agreement, the effective date of this restatement shall be the date of its approval by the Governing Authority (insert effective date of this Adoption Agreement not earlier than January 1, 2007). This Plan is adopted as an amendment and restatement of the Employer's preexisting GMEBS Adoption Agreement, which became effective on April 1, 2007 (insert effective date of most recent Adoption Agreement preceding this Adoption Agreement). The Employer's first Adoption Agreement became effective April 1, 2007 (insert effective date of Employer's first GMEBS Adoption Agreement). The Employer's GMEBS Plan was originally effective April 1, 2007 (insert effective date of Employer's original GMEBS Plan). (If the Employer's Plan was originally a non-GMEBS Plan, then the Employer's non-GMEBS Plan was originally effective (if applicable, insert effective date of Employer's original non-GMEBS Plan).) City of Milton (2011-2012 Restatement) - 5 - 8. PLAN YEAR Plan Year means (check one): Calendar Year Employer Fiscal Year commencing ____________________________________. Other (must specify month and day commencing): January 1 – December 31. 9. CLASSES OF ELIGIBLE EMPLOYEES Only Employees of the Adopting Employer who meet the Master Plan's definition of "Employee" may be covered under the Adoption Agreement. Eligible Employees shall not include non-governmental employees, independent contractors, leased employees, nonresident aliens, or any other ineligible individuals, and this Section 9 must not be completed in a manner that violates the "exclusive benefit rule" of Internal Revenue Code Section 401(a)(2). A. Eligible Regular Employees Regular Employees include Employees, other than elected or appointed members of the Governing Authority or Municipal Legal Officers, who are regularly employed in the services of the Adopting Employer. Subject to the other conditions of the Master Plan and the Adoption Agreement, the following Regular Employees are eligible to participate in the Plan (check one): ALL - All Regular Employees, provided they satisfy the minimum hour and other requirements specified under "Eligibility Conditions" below. ALL REGULAR EMPLOYEES EXCEPT for the following employees (must specify): _________________________________________________________________________ _________________________________________________________________________ B. Elected or Appointed Members of the Governing Authority An Adopting Employer may elect to permit participation in the Plan by elected or appointed members of the Governing Authority and/or Municipal Legal Officers, provided they otherwise meet the Master Plan's definition of "Employee" and provided they satisfy any other requirements specified by the Adopting Employer. Municipal Legal Officers to be covered must be specifically identified by position. Subject to the above conditions, the Employer hereby elects the following treatment for elected and appointed officials: (1) Elected or Appointed Members of the Governing Authority (check one): ARE NOT eligible to participate in the Plan. ARE eligible to participate in the Plan. Please specify any limitations on eligibility to participate here (e.g., service on or after certain date, or special waiting period provision): City of Milton (2011-2012 Restatement) - 6 - ______________________________________________________________________________ ______________________________________________________________________________ __________________________________________________________________________. (2) Municipal Legal Officers (check one): ARE NOT eligible to participate in the Plan. ARE eligible to participate in the Plan. The term "Municipal Legal Officer" shall include only the following positions (must specify): ___________________________________________________________________________ Please specify any limitations on eligibility to participate here (e.g., service on or after certain date): ______________________________________________________________________________ ______________________________________________________________________________ ___________________________________________________________________________. 10. ELIGIBILITY CONDITIONS A. Hours Per Week (Regular Employees) The Adopting Employer may specify a minimum number of hours per week which are required to be scheduled and worked by Regular Employees in order for them to become and remain "Eligible Regular Employees" under the Plan. It is the responsibility of the Adopting Employer to determine whether these requirements are and continue to be satisfied. The Employer hereby elects the following minimum hour requirement for Regular Employees: No minimum 20 hours/week (regularly scheduled) 30 hours/week (regularly scheduled) Other: 35 hours/week (must not exceed 40 hours/week regularly scheduled) Exceptions: If a different minimum hour requirement applies to a particular class or classes of Regular Employees, please specify below the classes to whom the different requirement applies and indicate the minimum hour requirement applicable to them. Class(es) of Regular Employees to whom exception applies (must specify): ________________ ______________________________________________________________________________ ______________________________________________________________________________ Minimum hour requirement applicable to excepted Regular Employees: No minimum 20 hours/week (regularly scheduled) 30 hours/week (regularly scheduled) Other: _________________ (must not exceed 40 hours/week regularly scheduled) City of Milton (2011-2012 Restatement) - 7 - B. Months Per Year (Regular Employees) The Adopting Employer may specify a minimum number of months per year which are required to be scheduled and worked by Regular Employees in order for them to become and remain "Eligible Employees" under the Plan. It is the responsibility of the Adopting Employer to determine whether these requirements are and continue to be satisfied. The Employer hereby elects the following minimum requirement for Regular Employees: No minimum At least 6 months per year (regularly scheduled) Other: ___________________________________________________________ 11. WAITING PERIOD Unless otherwise specified by the Adopting Employer in an addendum to this Adoption Agreement, Regular Employees shall be required to complete one (1) year of continuous, uninterrupted Service with the Adopting Employer before they qualify for participation in the Plan. The determination as to whether the waiting period has been satisfied shall be made in accordance with provisions of the Master Plan. 12. ESTABLISHING PARTICIPATION IN THE PLAN Participation in the Plan is considered mandatory for all Eligible Employees who satisfy the eligibility conditions specified in the Adoption Agreement. However, the Employer may specify below that participation is optional for certain classes of Eligible Employees, including elected or appointed members of the Governing Authority, Municipal Legal Officers, City Managers, and/or Department Heads. If participation is optional for an Eligible Employee, then in order to become a Participant, he must make a written election to participate within 120 days after employment, election or appointment to office, or if later, the date he first becomes eligible to participate in the Plan. The election is irrevocable, and the failure to make the election within the 120 day time limit shall be deemed an irrevocable election not to participate in the Plan. Classes for whom participation is optional (leave blank and skip to Section 13 unless participation is optional for one or more of the following classes): Elected or appointed members of the Governing Authority Municipal Legal Officers City Manager Department Heads Other (must specify; all individuals specified must be Eligible Employees): ___________________________________________________ 13. CREDITED SERVICE In addition to Current Credited Service the Adopting Employer may include as Credited Service the following types of service: City of Milton (2011-2012 Restatement) - 8 - A. Credited Past Service with Adopting Employer Credited Past Service means the number of years and complete months of Service with the Adopting Employer prior to the date an Eligible Employee becomes a Participant which are treated as credited service under the Plan. (1) Eligible Employees Employed on Original Effective Date of GMEBS Plan. With respect to Eligible Employees who are employed by the Adopting Employer on the original Effective Date of the Employer's GMEBS Plan, Service with the Adopting Employer prior to the date the Eligible Employee becomes a Participant (including any Service prior to the Effective Date of the Plan) shall be treated as follows (check one): All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service). All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), except for Service rendered prior to ____________________________ (insert date). All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), except as follows (must specify other limitation):_______________________ __________________________________________________________________ No Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service). (2) Previously Employed, Returning to Service after Original Effective Date. If an Eligible Employee is not employed on the original Effective Date of the Employer's GMEBS Plan, but he returns to Service with the Adopting Employer sometime after the Effective Date, his Service prior to the date he becomes a Participant (including any Service prior the Effective Date) shall be treated as follows (check one): All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), subject to any limitations imposed above with respect to Eligible Employees employed on the Effective Date. All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), provided that after his return to employment, the Eligible Employee performs Service equal to the period of the break in Service or one (1) year, whichever is less. Any limitations imposed above with respect to Eligible Employees employed on the Effective Date shall also apply. No Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service). Other limitation(s) on Recognition of Credited Past Service (must specify): City of Milton (2011-2012 Restatement) - 9 - (3) Eligible Employees Initially Employed After Effective Date. If an Eligible Employee's initial employment date is after the original Effective Date of the Employer's GMEBS Plan, his Credited Past Service shall include only the number of years and complete months of Service from his initial employment date to the date he becomes a Participant in the Plan. (4) Newly Eligible Classes of Employees. If a previously ineligible class of Employees becomes eligible to participate in the Plan, the Employer must specify in an addendum to this Adoption Agreement whether and to what extent said Employees' prior service with the Employer shall be treated as Credited Past Service under the Plan. B. Prior Military Service Note: This Section does not concern military service required to be credited under USERRA – See Section 3.02 of the Master Plan for rules on the crediting of USERRA Military Service. (1) Credit for Prior Military Service. The Adopting Employer may elect to treat military service rendered prior to a Participant's initial employment date or reemployment date as Credited Service under the Plan. Unless otherwise specified by the Employer under "Other Conditions" below, the term "Military Service" shall be as defined in the Master Plan. Except as otherwise required by federal or state law or under “Other Conditions” below, Military Service shall not include service which is credited under any other local, state, or federal retirement or pension plan. Military Service credited under this Section shall not include any service which is otherwise required to be credited under the Plan by federal or state law. Prior Military Service shall be treated as follows (check one): Prior Military Service is not creditable under the Plan (if checked, skip to Section 13.C. – Prior Governmental Service). Prior Military Service shall be counted as Credited Service for the following purposes (check one or more as applicable): Computing amount of benefits payable. Meeting minimum service requirements for vesting. Meeting minimum service requirements for benefit eligibility. (2) Maximum Credit for Prior Military Service. Credit for Prior Military Service shall be limited to a maximum of _____ years (insert number). City of Milton (2011-2012 Restatement) - 10 - (3) Rate of Accrual for Prior Military Service. Credit for Prior Military Service shall accrue at the following rate (check one): One month of military service credit for every _______ month(s) (insert number) of Credited Service with the Adopting Employer. One year of military service credit for every _____ year(s) (insert number) of Credited Service with the Adopting Employer. All military service shall be creditable (subject to any caps imposed above) after the Participant has completed _______ years (insert number) of Credited Service with the Employer. Other requirement (must specify): _____________________________________ _________________________________________________________________ (4) Payment for Prior Military Service Credit(check one): Participants shall not be required to pay for military service credit. Participants shall be required to pay for military service credit as follows: The Participant must pay ____% of the actuarial cost of the service credit (as defined below). The Participant must pay an amount equal to (must specify): __________ ____________________________________________________________ Other Conditions for Award of Prior Military Service Credit (must specify): ______________________________________________________________________________ (5) Limitations on Service Credit Purchases. Unless otherwise specified in an Addendum to the Adoption Agreement, for purposes of this Section and Section 13.C. concerning prior governmental service credit, the term "actuarial cost of service credit" means the actuarial accrued liability relating to such prior service credit as determined by the GMEBS actuary and calculated using the actuarial assumptions and methods employed in performing GMEBS member plan valuations. In the case of a service credit purchase, the Participant shall be required to comply with any rules and regulations established by the GMEBS Board of Trustees concerning said purchases. City of Milton (2011-2012 Restatement) - 11 - C. Prior Governmental Service Note: Prior service with other GMEBS employers shall be credited as provided under the Master Plan. (1) Credit for Prior Governmental Service. The Adopting Employer may elect to treat governmental service rendered prior to a Participant's initial employment date or reemployment date as creditable service under the Plan. Subject to any limitations imposed by law, the term "prior governmental service" shall be as defined by the Adopting Employer below. The Employer elects to treat prior governmental service as follows (check one): Prior governmental service is not creditable under the Plan (if checked, skip to Section 13.D. – Unused Sick/Vacation Leave). Prior governmental service shall be counted as Credited Service for the following purposes under the Plan (check one or more as applicable): Computing amount of benefits payable. Meeting minimum service requirements for vesting. Meeting minimum service requirements for benefit eligibility. (2) Definition of Prior Governmental Service. Prior governmental service shall be defined as follows: (must specify): ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Unless otherwise specified above, prior governmental service shall include only full-time service (minimum hour requirement same as that applicable to Eligible Regular Employees). (3) Maximum Credit for Prior Governmental Service. Credit for prior governmental service shall be limited to a maximum of ________ years (insert number). (4) Rate of Accrual for Prior Governmental Service Credit. Credit for prior governmental service shall accrue at the following rate (check one): One month of prior governmental service credit for every _____ month(s) (insert number) of Credited Service with the Adopting Employer. One year of prior governmental service credit for every _____ year(s) (insert number) of Credited Service with the Adopting Employer. City of Milton (2011-2012 Restatement) - 12 - All prior governmental service shall be creditable (subject to any caps imposed above) after the Participant has completed _____ years (insert number) of Credited Service with the Adopting Employer. Other requirement (must specify): _____________________________________ (5) Payment for Prior Governmental Service Credit. Participants shall not be required to pay for governmental service credit. Participants shall be required to pay for governmental service credit as follows: The Participant must pay ____% of the actuarial cost of the service credit. The Participant must pay an amount equal to (must specify): __________ ____________________________________________________________ Other Conditions for Award of Prior Governmental Service Credit (must specify): D. Leave Conversion for Unused Paid Time Off (e.g., Sick, Vacation, or Personal Leave) (1) Credit for Unused Paid Time Off. Subject to the limitations in Section 3.01 of the Master Plan, an Adopting Employer may elect to treat accumulated days of unused paid time off for a terminated Participant as Credited Service. The only type of leave permitted to be credited under this provision is leave from a paid time off plan which qualifies as a bona fide sick and vacation leave plan (which may include sick, vacation or personal leave) and which the Participant may take as paid leave without regard to whether the leave is due to illness or incapacity. The Credited Service resulting from the conversion of unused paid time off must not be the only Credited Service applied toward the accrual of a normal retirement benefit under the Plan. The Pension Committee shall be responsible to certify to GMEBS the total amount of unused paid time off that is creditable hereunder. Important Note: Leave cannot be converted to Credited Service in lieu of receiving a cash payment. If the Employer elects treating unused paid time off as Credited Service, the conversion to Credited Service will be automatic, and the Participant cannot request a cash payment for the unused paid time off. The Employer elects the following treatment of unused paid time off: Unused paid time off shall not be treated as Credited Service (if checked, skip to Section 14 – Retirement Eligibility). The following types of unused paid time off shall be treated as Credited Service under the Plan (check one or more as applicable): Unused sick leave Unused vacation leave City of Milton (2011-2012 Restatement) - 13 - Unused personal leave Other paid time off (must specify, subject to limitations in Section 3.01 of Master Plan): _______________________________________________________________ (2) Minimum Service Requirement. In order to receive credit for unused paid time off, a Participant must meet the following requirement at termination (check one): The Participant must be 100% vested in a normal retirement benefit. The Participant must have at least _______ years (insert number) of Total Credited Service (not including leave otherwise creditable under this Section). Other (must specify, subject to limitations in Section 3.01 of Master Plan): __________________________________________________________________ (3) Use of Unused Paid Time Off Credit. Unused paid time off shall count as Credited Service for the following purposes under the Plan (check one or more as applicable): Computing amount of benefits payable. Meeting minimum service requirements for vesting. Meeting minimum service requirements for benefit eligibility. (4) Maximum Credit for Unused Paid Time Off. Credit for unused paid time off shall be limited to a maximum of ____ months (insert number). (5) Computation of Unused Paid Time Off. Unless otherwise specified by the Adopting Employer under "Other Conditions" below, each twenty (20) days of creditable unused paid time off shall constitute one (1) complete month of Credited Service under the Plan. Partial months shall not be credited. (6) Other Conditions (please specify, subject to limitations in Section 3.01 of Master Plan):__________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 14. RETIREMENT ELIGIBILITY A. Early Retirement Qualifications Early retirement qualifications are (check one or more as applicable): Attainment of age 55 (insert number) Completion of 10 years (insert number) of Total Credited Service City of Milton (2011-2012 Restatement) - 14 - Exceptions: If different early retirement eligibility requirements apply to a particular class or classes of Eligible Employees, the Employer must specify below the classes to whom the different requirements apply and indicate below the requirements applicable to them. Eligible Employees to whom exception applies (must specify): ______________________________________________________________________________ Early retirement qualifications for excepted class(es) are (check one or more as applicable): Attainment of age _________ (insert number) Completion of _________ years (insert number) of Total Credited Service B. Normal Retirement Qualifications Note: Please complete this Section and also list "Alternative" Normal Retirement Qualifications, if any, in Section 14.C. (1) Regular Employees Normal retirement qualifications for Regular Employees are (check one or more as applicable): Attainment of age 65 (insert number) Completion of 7 years (insert number) of Total Credited Service Exceptions: If different normal retirement qualifications apply to a particular class or classes of Regular Employees, the Employer must specify below the classes to whom the different requirements apply and indicate below the requirements applicable to them. Class(es) of Regular Employees to whom exception applies (must specify): ________________ ______________________________________________________________________________ Normal retirement qualifications for excepted class(es) are (check one or more as applicable): Attainment of age _________ (insert number) Completion of _________ years (insert number) of Total Credited Service (2) Elected or Appointed Members of Governing Authority Complete this Section only if elected or appointed members of the Governing Authority or Municipal Legal Officers are permitted to participate in the Plan. Normal retirement qualifications for this class are (check one or more as applicable): Attainment of age _________ (insert number) Completion of _________ years (insert number) of Total Credited Service City of Milton (2011-2012 Restatement) - 15 - C. Alternative Normal Retirement Qualifications Please skip to Section 14.D. - Disability Benefit Qualifications if the Adopting Employer does not offer alternative normal retirement benefits under the Plan. The Employer may elect to permit Participants to retire with unreduced benefits after they satisfy service and/or age requirements other than the regular normal retirement qualifications specified above. The Employer hereby adopts the following alternative normal retirement qualifications: Alternative Normal Retirement Qualifications (check one or more, as applicable): (1) Alternative Minimum Age & Service Qualifications. (if checked, please complete one or more items below, as applicable): Attainment of age _________ (insert number) Completion of _________ years (insert number) of Total Credited Service This alternative normal retirement benefit is available to: All Participants who qualify. Only the following Participants (must specify): ____________________________________________________________ A Participant (check one): is required is not required to be in the service of the Employer at the time he satisfies the above qualifications in order to qualify for this alternative normal retirement benefit. Other eligibility requirement (must specify): _____________________________ (2) Rule of _______ (insert number). The Participant's combined Total Credited Service and age must equal or exceed this number. Please complete additional items below: To qualify for this alternative normal retirement benefit, the Participant (check one): must have attained at least age ______ (insert number) must not satisfy any minimum age requirement. This alternative normal retirement benefit is available to: All Participants who qualify. Only the following Participants (must specify): ____________________________________________________________ City of Milton (2011-2012 Restatement) - 16 - A Participant (check one): is required is not required to be in the service of the Employer at the time he satisfies the Rule in order to qualify for this alternative normal retirement benefit. Other eligibility requirement (must specify): _____________________________ (3) Alternative Minimum Service. A Participant is eligible for an alternative normal retirement benefit if he has at least ________ years (insert number) of Total Credited Service, regardless of the Participant's age. This alternative normal retirement benefit is available to: All Participants who qualify. Only the following Participants (must specify): ____________________________________________________________ A Participant (check one): is required is not required to be in the service of the Employer at the time he satisfies the qualifications for this alternative normal retirement benefit. Other eligibility requirement (must specify): _____________________________ (4) Other Alternative Normal Retirement Benefit. Must specify qualifications: _________________________________________ __________________________________________________________________ __________________________________________________________________ This alternative normal retirement benefit is available to: All Participants who qualify. Only the following Participants (must specify): ____________________________________________________________ A Participant (check one): is required is not required to be in the service of the Employer at the time he satisfies the qualifications for this alternative normal retirement benefit. Other eligibility requirement (must specify): _____________________________ D. Disability Benefit Qualifications Please skip to Section 15 - Retirement Benefit Computation if the Adopting Employer does not offer disability retirement benefits under the Plan. Subject to the other terms and conditions of the Master Plan and except as otherwise provided in an Addendum to this Adoption Agreement, disability retirement qualifications are based upon Social Security Administration award criteria or as otherwise provided under Section 2.21 of the Master Plan. City of Milton (2011-2012 Restatement) - 17 - The Disability Retirement benefit shall commence as of the Participant's Disability Retirement Date under Section 2.22 of the Master Plan. To qualify for a disability benefit, a Participant must have the following minimum number of years of Total Credited Service: No minimum. _______ years (insert number) of Total Credited Service. Other eligibility requirement (must specify): ____________________________ 15. RETIREMENT BENEFIT COMPUTATION A. Maximum Total Credited Service The number of years of Total Credited Service which may be used to calculate a benefit is (check one): not limited. limited to _________ years. limited to ________ years as an elected or appointed member of the Governing Authority or Municipal Legal Officer. B. Monthly Normal Retirement Benefit Amount (1) Regular Employee Formula The monthly normal retirement benefit for Eligible Regular Employees shall be 1/12 of (check and complete one or more as applicable): (a) Flat Percentage Formula. 2.75% (insert percentage) of Final Average Earnings multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to: All Participants who are Regular Employees. Only the following Participants (must specify): (b) Alternative Flat Percentage Formula. ______% (insert percentage) of Final Average Earnings multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to the following Participants (must specify):_____________________________________. City of Milton (2011-2012 Restatement) - 18 - (c) Split Final Average Earnings Formula. _____ % (insert percentage) of Final Average Earnings up to the amount of Covered Compensation (see subsection (2) below for definition of Covered Compensation), plus ______% (insert percentage) of Final Average Earnings in excess of said Covered Compensation, multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to: All Participants who are Regular Employees. Only the following Participants (must specify): . (d) Alternative Split Final Average Earnings Formula. _____ % (insert percentage) of Final Average Earnings up to the amount of Covered Compensation (see subsection (2) below for definition of Covered Compensation), plus ______% (insert percentage) of Final Average Earnings in excess of said Covered Compensation, multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to: All Participants. Only the following Participants (must specify): [Repeat above subsections as necessary for each applicable benefit formula and Participant class covered under the Plan.] (2) Covered Compensation (complete only if Split Formula(s) is checked above): Covered Compensation is defined as (check one or more as applicable): (a) A.I.M.E. Covered Compensation as defined in Section 2.16 of the Master Plan. This definition of Covered Compensation shall apply to (check one): All Participants who are Regular Employees. Only the following Participants (must specify): . (b) Dynamic Break Point Covered Compensation as defined in Section 2.17 of the Master Plan. This definition of Covered Compensation shall apply to (check one): All Participants who are Regular Employees. Only the following Participants (must specify): . City of Milton (2011-2012 Restatement) - 19 - (c) Table Break Point Covered Compensation as defined in Section 2.18 of the Master Plan. This definition of Covered Compensation shall apply to (check one): All Participants who are Regular Employees. Only the following class(es) of Participants (must specify): (d) Covered Compensation shall mean a Participant's annual Earnings that do not exceed $_______________ (specify amount). This definition shall apply to (check one): All Participants who are Regular Employees. Only the following Participants (must specify): . (3) Final Average Earnings Unless otherwise specified in an Addendum to the Adoption Agreement, Final Average Earnings is defined as the annual average of Earnings paid to a Participant by the Adopting Employer for the 5 (insert number not to exceed 5) consecutive years (12 month periods) of Credited Service preceding the Participant's most recent Termination in which the Participant's Earnings were the highest. Note: GMEBS has prescribed forms for calculation of Final Average Earnings that must be used for this purpose. This definition of Final Average Earnings applies to: All Participants who are Regular Employees. Only the following Participants (must specify): _______________________________. [Repeat above subsection as necessary for each applicable definition and Participant class covered under the Plan.] (4) Formula for Elected or Appointed Members of the Governing Authority Complete this Section only if elected or appointed members of the Governing Authority or Municipal Legal Officers are permitted to participate in the Plan. The monthly normal retirement benefit for members of this class shall be as follows (check one): $_________ (insert dollar amount) per month for each year of Total Credited Service as an elected or appointed member of the Governing Authority or Municipal Legal Officer or major fraction thereof (6 months and 1 day). This formula applies to: All elected or appointed members of the Governing Authority or Municipal Legal Officers eligible to participate. Only the following elected or appointed members of the Governing Authority or Municipal Legal Officers eligible to participate (must specify): _____________________. City of Milton (2011-2012 Restatement) - 20 - [Repeat above subsection as necessary for each applicable formula for classes of elected or appointed members covered under the Plan.] C. Monthly Early Retirement Benefit Amount Check and complete one or more as applicable: (1) Standard Early Retirement Reduction Table. The monthly Early Retirement benefit shall be computed in the same manner as the monthly Normal Retirement benefit, but the benefit shall be reduced on an Actuarially Equivalent basis in accordance with Section 12.01 of the Master Plan to account for early commencement of benefits. This provision shall apply to: All Participants. Only the following Participants (must specify): (2) Alternative Early Retirement Reduction Table. The monthly Early Retirement benefit shall be computed in the same manner as the monthly Normal Retirement benefit, but the benefit shall be reduced to account for early commencement of benefits based on the following table. This table shall apply to: All Participants. Only the following Participants (must specify): . Alternative Early Retirement Reduction Table Number of Years Before [Age ___(Insert Normal Retirement Age)] (check as applicable) Percentage of Normal Retirement Benefit* (complete as applicable) 0 1.000 1 0.___ 2 0.___ 3 0.___ 4 0.___ 5 0.___ 6 0.___ 7 0.___ 8 0.___ 9 0.___ 10 0.___ 11 0.___ 12 0.___ 13 0.___ 14 0.___ 15 0.___ City of Milton (2011-2012 Restatement) - 21 - *Interpolate for whole months D. Monthly Late Retirement Benefit Amount (check one): (1) The monthly Late Retirement benefit shall be computed in the same manner as the Normal Retirement Benefit, based upon the Participant's Accrued Benefit as of his Late Retirement Date. (2) The monthly Late Retirement benefit shall be the greater of: (1) the monthly retirement benefit accrued as of the Participant's Normal Retirement Date, actuarially increased in accordance with the actuarial table contained in Section 12.06 of the Master Plan; or (2) the monthly retirement benefit accrued as of the Participant's Late Retirement Date, without further actuarial adjustment under Section 12.06 of the Master Plan. E. Monthly Disability Benefit Amount Complete this Section only if the Adopting Employer elects to provide Disability retirement benefits. The amount of the monthly Disability Benefit shall be computed in the same manner as the Normal Retirement benefit, based upon the Participant's Accrued Benefit as of his Disability Retirement Date. Minimum Disability Benefit. The Adopting Employer may set a minimum Disability Benefit. The Employer elects the following minimum Disability benefit (check one): No minimum is established. No less than (check one): 20% 10% ____% (if other than 20% or 10% insert percentage amount) of the Participant's average monthly Earnings for the 12 calendar month period immediately preceding his Termination of Employment as a result of a Disability. (Unless otherwise specified in an Addendum to the Adoption Agreement, no minimum will apply to elected or appointed members of the Governing Authority or Municipal Legal Officers.) No less than (check one): 66 2/3 % ______% (if other than 66 2/3%, insert percentage amount) of the Participant's average monthly Earnings for the 12 calendar month period immediately preceding his Termination of Employment as a result of a Disability, less any benefits paid from Workers Compensation, federal Social Security benefits as a result of disability, any state compulsory disability plan, and any disability income plan paid by the Employer. (Unless otherwise specified in an Addendum to the Adoption Agreement, no minimum will apply to elected or appointed members of the Governing Authority or Municipal Legal Officers.) City of Milton (2011-2012 Restatement) - 22 - F. Minimum/Maximum Benefit For Elected Officials Complete this Section only if elected or appointed members of the Governing Authority participate in the Plan. In addition to any other limitations imposed by federal or state law, the Employer may impose a cap on the monthly benefit amount that may be received by elected or appointed members of the Governing Authority. The Employer elects (check one): No minimum or maximum applies. Monthly benefit for Service as an elected or appointed member of the Governing Authority may not exceed 100% of the Participant's final salary as an elected or appointed member of the Governing Authority. Other minimum or maximum (must specify): ____________________________ 16. IN-SERVICE DISTRIBUTIONS; COLA A. Distributions For Those Who Remain In Service After Normal Retirement The Employer may elect to permit active Participants who have satisfied the Employer's qualifications for Normal Retirement or Alternative Normal Retirement to begin drawing their benefit even though they have not yet terminated employment with the Employer, subject to the terms of the Master Plan. However, in accordance with IRS requirements, even if the Employer elects to permit in-service distributions and a Participant has otherwise satisfied the qualifications for Normal Retirement or Alternative Normal Retirement in Sections 14.B. or 14.C. above, the Participant will not be permitted to take an in-service distribution unless the Participant satisfies the applicable minimum age parameters set forth below. The Employer makes the following election in this regard (check one): (1) Distribution of retirement benefits is not permitted until the Participant has terminated employment and otherwise qualifies for receipt of benefits. (2) Participants who have satisfied the qualifications for Normal Retirement or Alternative Normal Retirement, or, if higher, the minimum age parameters set forth below, may begin drawing their Normal Retirement benefit even though they remain in the service of the Employer. This provision applies to (check one): All Participants Only Participants in the following classes (in-service distributions not permitted for any others) (must specify): Note: To be eligible for an in-service distribution, the Participant's age must meet the following minimum age parameters: ƒ For Participants who are not "public safety employees," the Participant must be at least age 62 or older. Based upon GMEBS' most recent actuarial experience study, this age is City of Milton (2011-2012 Restatement) - 23 - reasonably representative of the typical retirement age for the GMEBS' member municipalities/governmental entities (the "industry" in which members work). If the Employer selects a Normal Retirement Age or Alternative Normal Retirement Age in Section 14.B. or 14.C. that is at least age 62, the Plan's normal retirement age will fall within the IRS pre-approved safe harbor. ƒ For Participants who are "public safety employees," the Participant must be at least age 50 or older. If the Employer selects a Normal Retirement Age or Alternative Normal Retirement Age in Section 14.B. or 14.C. that is at least age 50, the Plan's normal retirement age will fall within the IRS pre-approved safe harbor for public safety employees. Note: "Public safety employees" are defined under the Internal Revenue Code for this purpose as employees of a State or political subdivision of a State who provide police protection, firefighting services, or emergency medical services for any area within the jurisdiction of such State or political subdivision. B. Cost Of Living Adjustment The Employer may elect to provide for an annual cost-of-living adjustment (COLA) in the amount of benefits being received by Retired Participants and Beneficiaries, which shall be calculated and paid in accordance with the terms of the Master Plan. The Employer hereby elects the following (check one): (1) No cost-of-living adjustment. (2) Variable Annual cost-of-living adjustment not to exceed ______% (insert percentage). (3) Fixed annual cost-of-living adjustment equal to ______% (insert percentage). The above cost-of-living adjustment shall apply with respect to the following Participants (and their Beneficiaries) (check one): All Participants (and their Beneficiaries). Participants (and their Beneficiaries) who terminate employment on or after __________________ (insert date). Other (must specify): ___________________________________ ______________________________________________________ C. Re-Employment After Retirement (1) Reemployment After Normal Retirement. In the event a Retired Participant is reemployed with the Employer as an Eligible Employee after his Normal Retirement Date, the following rule shall apply (check one): (a) The Participant's benefit shall be suspended in accordance with Section 6.06(a) of the Master Plan for as long as the Participant remains employed. City of Milton (2011-2012 Restatement) - 24 - (b) The Participant may continue to receive his retirement benefit in accordance with Section 6.06(c) of the Master Plan. This rule shall apply to (check one): all Retired Participants only the following classes of Retired Participants (must specify - benefits of those Retired Participants not listed shall be suspended in accordance with Section 6.06(a) of the Master Plan if they return to work with the Employer): (2) Reemployment After Early Retirement. In the event a Participant retires with an Early Retirement benefit and is reemployed with the Employer as an Eligible Employee before his Normal Retirement Date, the following rule shall apply (check one): (a) The Participant's Early Retirement benefit shall be suspended in accordance with Section 6.06(a) of the Master Plan for as long as the Participant remains employed. (b) The Participant's eligibility to continue receiving Early Retirement benefits shall be subject to the following limitations (if this item is checked, check one of the following): (i) The Participant's Early Retirement benefit shall be suspended. However, the Participant may again begin receiving benefits after he satisfies the qualifications for Normal Retirement or alternative Normal Retirement in accordance with Section 6.06(d) of the Master Plan. (ii) The Participant may continue receiving his Early Retirement benefit in accordance with Section 6.06(e) of the Master Plan, provided his initial retirement was in good faith and he does not return to employment with the Employer for a minimum of _____ months (insert number no less than 6) following his effective Retirement date. If this requirement is not met, the Participant's benefit shall be suspended until he satisfies the qualifications for Normal Retirement or alternative Normal Retirement in accordance with Section 6.06(d) of the Master Plan. This rule shall apply to (check one): all Retired Participants only the following classes of Retired Participants (must specify - benefits of those Retired Participants not listed shall be suspended in accordance with Section 6.06(a) of the Master Plan if they return to work with the Employer): City of Milton (2011-2012 Restatement) - 25 - 17. TERMINATION OF EMPLOYMENT BEFORE RETIREMENT; VESTING A. Eligible Regular Employees Subject to the terms and conditions of the Master Plan, a Participant who is an Eligible Regular Employee and whose employment is terminated for any reason other than death or retirement shall earn a vested right in his accrued retirement benefit in accordance with the following schedule (check one): No vesting schedule (immediate vesting). Cliff Vesting Schedule. Benefits shall be 100% vested after the Participant has a minimum of 7 years (insert number not to exceed 10) of Total Credited Service. Benefits remain 0% vested until the Participant satisfies this minimum. Graduated Vesting Schedule. Benefits shall become vested in accordance with the following schedule (insert percentages): COMPLETED YEARS OF TOTAL CREDITED SERVICE VESTED PERCENTAGE 1 % 2 % 3 % 4 % 5 % 6 % 7 % 8 % 9 % 10 % Exceptions: If a vesting schedule other than that specified above applies to a special class(es) of Regular Employees, the Employer must specify the different vesting schedule below and the class(es) to whom the different vesting schedule applies. Regular Employees to whom exception applies (must specify): City Manager. Vesting Schedule for excepted class (must specify): Immediate Vesting (no vesting requirement). B. Elected or Appointed Members of the Governing Authority Complete this Section only if Elected or Appointed Members of the Governing Authority are permitted to participate in the Plan. Subject to the terms and conditions of the Master Plan, a Participant who is an elected or appointed member of the Governing Authority or a Municipal Legal Officer shall earn a vested right in his accrued retirement benefit for Credited Service in such capacity in accordance with the following schedule (check one): City of Milton (2011-2012 Restatement) - 26 - No vesting schedule (immediate vesting). Other vesting schedule (must specify): __________________________________________________________________ 18. PRE-RETIREMENT DEATH BENEFITS A. In-Service Death Benefit Subject to the terms and conditions of the Master Plan, the Employer hereby elects the following in-service death benefit, to be payable in the event that an eligible Participant's employment with the Employer is terminated by reason of the Participant's death prior to Retirement (check and complete one): (1) Auto A Death Benefit. A monthly benefit payable to the Participant's Pre- Retirement Beneficiary, equal to the decreased monthly retirement benefit that would have otherwise been payable to the Participant, had he elected a 100% joint and survivor benefit under Section 7.03 of the Master Plan. In order to be eligible for this benefit, a Participant must meet the following requirements (check one): The Participant must be vested in a normal retirement benefit. The Participant must have ______ years (insert number) of Total Credited Service. The Participant must be eligible for Early or Normal Retirement. Other eligibility requirement (must specify): ____________________________________________________________ (2) Actuarial Reserve Death Benefit. A monthly benefit payable to the Participant's Pre-Retirement Beneficiary, actuarially equivalent to the reserve required for the Participant's anticipated Normal Retirement benefit, provided the Participant meets the following eligibility conditions (check one): The Participant shall be eligible immediately upon becoming a Participant. The Participant must have _____ years (insert number) of Total Credited Service. Other eligibility requirement (must specify): ____________________________________________________________ Imputed Service. For purposes of computing the actuarial reserve death benefit, the Participant's Total Credited Service shall include (check one): Total Credited Service accrued prior to the date of the Participant's death. Total Credited Service accrued prior to the date of the Participant's death, plus (check one): one-half (½) ___________ (insert other City of Milton (2011-2012 Restatement) - 27 - fraction) of the Service between such date of death and what would otherwise have been the Participant's Normal Retirement Date. Minimum In-Service Death Benefit for Vested Employees Equal to Terminated Vested Death Benefit. Unless otherwise specified under "Exceptions" below, if a Participant's employment is terminated by reason of the Participant's death prior to Retirement, and if as of the date of death the Participant is vested but he does not qualify for the in-service death benefit, then the Auto A Death Benefit will be payable, provided the Auto A Death Benefit is made available to terminated vested employees under the Adoption Agreement (see "Terminated Vested Death Benefit" below). (3) Exceptions: If an in-service death benefit other than that specified above applies to one or more classes of Participants, the Employer must specify below the death benefit payable, the class(es) to whom the different death benefit applies, and the eligibility conditions for said death benefit. Alternative Death Benefit (must specify formula that complies with definitely determinable requirements of Treasury Regulations Section 1.401-1(b)(1)(i) and does not violate limits applicable to governmental plans under Code Sections 401(a)(17) and 415): _____________ ______________________________________________________________________________ Participants to whom alternative death benefit applies (must specify): _____________________ ______________________________________________________________________________ Eligibility conditions for alternative death benefit (must specify):_________________________ B. Terminated Vested Death Benefit (1) Complete this Section only if the Employer offers a terminated vested death benefit. The Employer may elect to provide a terminated vested death benefit, to be payable in the event that a Participant who is vested dies after termination of employment but before Retirement benefits commence. Subject to the terms and conditions of the Master Plan, the Employer hereby elects the following terminated vested death benefit (check one): Auto A Death Benefit. A monthly benefit payable to the Participant's Pre- Retirement Beneficiary, equal to the decreased monthly retirement benefit that would have otherwise been payable to the Participant had he elected a 100% joint and survivor benefit under Section 7.03 of the Master Plan. Accrued Retirement Benefit. A monthly benefit payable to the Participant's Pre- Retirement Beneficiary which shall be actuarially equivalent to the Participant's Accrued Normal Retirement Benefit determined as of the date of death. (2) Exceptions: If a terminated vested death benefit other than that specified above applies to one or more classes of Participants, the Employer must specify below the death benefit payable, the class(es) to whom the different death benefit applies, and the eligibility conditions for said death benefit. City of Milton (2011-2012 Restatement) - 28 - Alternative Death Benefit (must specify formula that complies with definitely determinable requirements of Treasury Regulations Section 1.401-1(b)(1)(i) and does not violate limits applicable to governmental plans under Code Sections 401(a)(17) and 415): _____________ ______________________________________________________________________________ Participants to whom alternative death benefit applies (must specify): ____________________ _____________________________________________________________________________. Eligibility conditions for alternative death benefit (must specify): _______________________ _____________________________________________________________________________. 19. EMPLOYEE CONTRIBUTIONS (1) Employee contributions (check one): Are not required. Are required in the amount of _____ % (insert percentage) of Earnings for all Participants. Are required in the amount of 3.0% (insert percentage) of Earnings for Participants in the following classes (must specify): Eligible Regular Employees employed on or after April 1, 2007, commencing with the first payroll period beginning on or after April 1, 2007. [Repeat above subsection as necessary if more than one contribution rate applies.] (2) Pre-Tax Treatment of Employee Contributions. If Employee Contributions are required in Subsection (1) above, an Adopting Employer may elect to "pick up" Employee Contributions to the Plan in accordance with IRC Section 414(h). In such case, Employee Contributions shall be made on a pre-tax rather than a post-tax basis, provided the requirements of IRC Section 414(h) are met. If the Employer elects to pick up Employee Contributions, it is the Employer's responsibility to ensure that Employee Contributions are paid and reported in accordance with IRC Section 414(h). The Adopting Employer must not report picked up contributions as wages subject to federal income tax withholding. The Employer hereby elects (check one): To pick up Employee Contributions. By electing to pick up Employee Contributions, the Adopting Employer specifies that the contributions, although designated as Employee Contributions, are being paid by the Employer in lieu of Employee Contributions. The Adopting Employer confirms that the executor of this Adoption Agreement is duly authorized to take this action as required to pick up contributions. This pick-up of contributions applies prospectively, and it is evidenced by this contemporaneous written document. On and after the date of the pick-up of contributions, a Participant does not have a cash or deferred election right (within the meaning of Treasury Regulation Section 1.401(k)- 1(a)(3)) with respect to the designated Employee Contributions, which includes City of Milton (2011-2012 Restatement) - 29 - not having the option of receiving the amounts directly instead of having them paid to the Plan. Not to pick up Employee Contributions. (3) Interest on Employee Contributions. The Adopting Employer may elect to pay interest on any refund of Employee Contributions. Interest shall not be paid. Interest shall be paid on a refund of Employee Contributions at a rate established by GMEBS from time to time. Other rate of interest (must specify rate, subject to the provisions of Section 13.06 of the Master Plan Document):__________________________________. 20. MODIFICATION OF THE TERMS OF THE ADOPTION AGREEMENT If an Adopting Employer desires to amend any of its elections contained in this Adoption Agreement (or any Addendum), the Governing Authority by official action must adopt an amendment of the Adoption Agreement (or any Addendum) or a new Adoption Agreement (or Addendum) must be adopted and forwarded to the Board for approval. The amendment of the new Adoption Agreement (or Addendum) is not effective until approved by the Board and other procedures required by the Plan have been implemented. The Administrator will timely inform the Adopting Employer of any amendments made by the Board to the Plan. 21. TERMINATION OF THE ADOPTION AGREEMENT This Adoption Agreement (and any Addendum) may be terminated only in accordance with the Plan. The Administrator will inform the Adopting Employer in the event the Board should decide to discontinue this volume submitter program. 22. EMPLOYER ADOPTION AND AUTHORIZATION FOR AMENDMENTS Adoption. The Adopting Employer hereby adopts the terms of the Adoption Agreement and any Addendum, which is attached hereto and made a part of this resolution. The Adoption Agreement (and, if applicable, the Addendum) sets forth the Employees to be covered by the Plan, the benefits to be provided by the Adopting Employer under the Plan, and any conditions imposed by the Adopting Employer with respect to, but not inconsistent with, the Plan. The Adopting Employer reserves the right to amend its elections under the Adoption Agreement and any Addendum, so long as the amendment is not inconsistent with the Plan or the Internal Revenue Code or other applicable law and is approved by the Board of Trustees of GMEBS. The Adopting Employer acknowledges that it may not be able to rely on the volume submitter advisory letter if it makes certain elections under the Adoption Agreement or the Addendum. City of Milton (2011-2012 Restatement) - 30 - The Adopting Employer hereby agrees to abide by the Master Plan, Trust Agreement, and rules and regulations adopted by the Board of Trustees of GMEBS, as each may be amended from time to time, in all matters pertaining to the operation and administration of the Plan. It is intended that the Act creating the Board of Trustees of GMEBS, this Plan, and the rules and regulations of the Board are to be construed in harmony with each other. In the event of a conflict between the provisions of any of the foregoing, they shall govern in the following order: (1) The Act creating the Board of Trustees of The Georgia Municipal Employees' Benefit System, O.C.G.A. Section 47-5-1 et seq. (a copy of which is included in the Appendix to the Master Defined Benefit Plan Document) and any other applicable provisions of O.C.G.A. Title 47; (2) The Master Defined Benefit Plan Document and Trust Agreement; (3) This Ordinance and Adoption Agreement (and any Addendum); and (4) The rules and regulations of the Board. In the event that any section, subsection, sentence, clause or phrase of this Plan shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the previously existing provisions or the other section or sections, subsections, sentences, clauses or phrases of this Plan, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudicated invalid or unconstitutional were not originally a part hereof. The Governing Authority hereby declares that it would have passed the remaining parts of this Plan or retained the previously existing provisions if it had known that such part or parts hereof would be declared or adjudicated invalid or unconstitutional. This Adoption Agreement (and any Addendum) may only be used in conjunction with Georgia Municipal Employees Benefit System Master Defined Benefit Retirement Plan Document approved by the Internal Revenue Service under advisory letter M591996a dated March 31, 2010. The Adopting Employer understands that failure to properly complete this Adoption Agreement (or any Addendum), or to operate and maintain the Plan and Trust in accordance with the terms of the completed Adoption Agreement (and any Addendum), Master Plan Document and Trust, may result in disqualification of the Adopting Employer's Plan under the Internal Revenue Code. Inquiries regarding the adoption of the Plan, the meaning of Plan provisions, or the effect of the IRS advisory letter should be directed to the Administrator. The Administrator is Georgia Municipal Employees Benefit System, with its primary business offices located at: 201 Pryor Street, SW, Atlanta, Georgia, 30303. The business telephone number is: (404) 688- 0472. The primary person to contact is: GMEBS Legal Counsel. Authorization for Amendments. Effective on and after February 17, 2005, the Adopting Employer hereby authorizes Ice Miller LLP, Legal Counsel, the volume submitter practitioner who sponsors the Plan on behalf of GMEBS, to prepare amendments to the Plan, for approval by the Board, on its behalf as provided under Revenue Procedure 2005-16 and Announcement 2005-37. Employer notice and signature requirements have been met for the Adopting Employer before the effective date of February 17, 2005. The Adopting Employer understands that the implementing amendment reads as follows: City of Milton (2011-2012 Restatement) - 31 - On and after February 17, 2005, the Board delegates to the Practitioner the authority to advise and prepare amendments to the Plan, for approval by the Board, on behalf of all Adopting Employers, including those Adopting Employers who have adopted the Plan prior to the January 1, 2007, restatement of the Plan, for changes in the Code, the regulations thereunder, revenue rulings, other statements published by Internal Revenue Service, including model, sample, or other required good faith amendments (but only if their adoption will not cause such Plan to be individually designed), and for corrections of prior approved plans. These amendments shall be applied to all Adopting Employers. Employer notice and signature requirements have been met for all Adopting Employers before the effective date of February 17, 2005. In any event, any amendment prepared by the Practitioner and approved by the Board will be provided by the Administrator to Adopting Employers. Notwithstanding the foregoing paragraph, no amendment to the Plan shall be prepared on behalf of any Adopting Employer as of either: • the date the Internal Revenue Service requires the Adopting Employer to file Form 5300 as an individually designed plan as a result of an amendment by the Adopting Employer to incorporate a type of Plan not allowable in a volume submitter plan as described in Revenue Procedure 2005-16; or • as of the date the Plan is otherwise considered an individually designed plan due to the nature and extent of the amendments. If the Adopting Employer is required to obtain a determination letter for any reason in order to maintain reliance on the advisory letter, the Practitioner's authority to amend the Plan on behalf of the Adopting Employer is conditioned on the Plan receiving a favorable determination letter. The Adopting Employer further understands that, if it does not give its authorization hereunder or, in the alternative, adopt another pre-approved plan, its Plan will become an individually designed plan and will not be able to rely on the volume submitter advisory letter. City of Milton (2011-2012 Restatement) - 32 - AN ORDINANCE (continued from page 1) Section 2. Except as otherwise specifically required by law or by the terms of the Master Plan or Adoption Agreement (or any Addendum), the rights and obligations under the Plan with respect to persons whose employment or term of office with the City was terminated for any reason whatsoever prior to the effective date of this Ordinance are fixed and shall be governed by such Plan, if any, as it existed and was in effect at the time of such termination. Section 3. The effective date of this Ordinance shall be the date of its approval by the Governing Authority. Section 4. All Ordinances and parts of ordinances in conflict herewith are expressly repealed. Approved by the Mayor and Council of the City of Milton, Georgia this _______ day of _____________________, 20_____. Attest: CITY OF MILTON, GEORGIA _______________________ ____________________________________ City Clerk Mayor (SEAL) Approved: __________________________ City Attorney The terms of the foregoing Adoption Agreement are approved by the Board of Trustees of Georgia Municipal Employees Benefit System. IN WITNESS WHEREOF, the Board of Trustees of Georgia Municipal Employees Benefit System has caused its Seal and the signatures of its duly authorized officers to be affixed this ______ day of __________________________, 20____. Board of Trustees Georgia Municipal Employees Benefit System (SEAL) ____________________________________ Secretary City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Page 1 of 3 To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: February 15, 2012 for the February 22, 2012, City Council Meeting (February 6, 2012 – First Presentation, February 13, 2012 - Work Session) Re: RZ12-01 – Text Amendment to Article VI, Division 2 – AG-1 (Agricultural) as it relates to allowing structures housing animals within the front yard and fencing along the public right-of-way CMO (City Manager’s Office) Recommendation: The Mayor and City Council to hear and approve the attached text amendment to amend Article VI, Division 2 – AG-1 (Agricultural) as recommended by Staff. Background: Since the City’s creation in December 2006, there has been several property owners who have needed to request a primary variance to the Board of Zoning Appeals to allow newly constructed barns and covered riding arenas to be placed in front of their primary residence. For properties with a single family residence, accessory use barns housing animals and covered riding arenas, the current Zoning Ordinance requires the barn and/or covered riding arenas to be placed behind the primary structure outside of the minimum side and rear yards. There are many parcels of land within the City where the shape and size do not lend itself to placing these structures behind the primary residence and therefore, property owners have applied for a variance to allow the structures to be constructed. Another issue that has been discovered by Staff is to require residential and agricultural uses within the AG-1 (Agricultural) district, especially within the Northwest Fulton Overlay District, to require fencing along public right of ways be only three or four board fencing and to prohibit opaque type fencing. Discussion: Throughout the years, City Staff has heard from the equestrian community the need to become more equestrian friendly to help promote the industry whether it is as recreational purposes for individual property owners or for commercial farms. It is Staff’s opinion that by approving this text amendment “to allow barns and covered riding rings within the front yard”, it will allow those parcels with horse farms to more easily operate within the City of Milton. The Planning Commission met on January 24, 2012 and a copy of their recommendation is attached entitled “Planning Commission’s Recommendation with City Attorney’s Comments”. Below is a summary of both the Planning Commission and Staff’s recommendations for your review. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Page 2 of 3 Staff notes that a representative of the horse community was present at the Planning Commission meeting to comment on the proposed changes and answer questions. There was no one else in attendance at the Planning Commission meeting. Parcels with a minimum of 10 acres (non-residential use) A. Current Article VI, Division 2, Section 64-415 (a)(4)– AG-1 (Agricultural) district currently addresses parcels with a minimum of 10 acres with buildings housing animals as the primary use, not a parcel where a single family residence is the primary use. In these situations, the buildings housing animals are not considered an “accessory structure” and therefore only need to meet the requirement to be a minimum of 100 feet from all property lines. B. Proposed Staff Recommendations Staff’s recommended language with the City Attorney’s edits also includes the requirement that buildings housing animals provide a minimum of 150 feet from other residential uses on adjacent properties. As for covered riding areas, uncovered riding areas with lights and/or bleachers, a Use Permit will be required. If this text amendment is approved as recommended, Staff will initiate the creation of said Use Permit. C. Proposed Planning Commission Recommendations The Planning Commission recommended that structures housing horses and uncovered riding areas and must be a minimum of 100 feet from all property lines and prohibit structures covering riding areas, lighted riding areas, and designated seating structures for viewing riding areas. Parcels with a single family residence A. Current Article VI, Division 2, Section 64-416 (i) require buildings housing animals be located in the rear or side yards but shall be located outside the minimum yard setback. It is Staff’s interpretation that the buildings housing animals and covered riding areas are associated with the agricultural use and are therefore permitted where there is a primary residence but need to be placed in the rear or side yards. B. Proposed Staff Recommendations Staff’s recommended language with the City Attorney’s edits has created in Section 64-415 (4) (b) the allowance of structures housing domesticated animals in the front, side, and rear yards. The structures housing domesticated animals will also be required to be a minimum of 100 feet from all property lines and a minimum of 150 feet from other residential uses on adjacent properties. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Page 3 of 3 As for covered riding areas, and uncovered riding areas with lights and/or bleachers, a Use Permit will be required. If this text amendment is approved as recommended, Staff will initiate the creation of said Use Permit. C. Proposed Planning Commission Recommendations The Planning Commission recommend that only buildings housing horses can be located in the front yard, but all domesticated animals can be housed in buildings in the rear and side yards. Additionally, both covered riding areas and uncovered riding areas with bleachers/and or lighting are not permitted on parcels with a single family residence. Fencing along public right-of-ways Additionally, the text amendment proposes that only three or four board fencing will be permitted along public right of ways within the AG-1 (Agricultural) district. It has been discovered that for agricultural and residential uses within the AG-1 (Agricultural) district the Zoning Ordinance does not prohibit opaque fencing. Within the Northwest Fulton Overlay District, non residential uses are required to provide the 3 or 4 board fencing as well as prohibiting opaque fencing. The Planning Commission was in support of Staff’s recommendation regarding three or four board fencing along public right-of-ways. City Council Work Session – February 13, 2012 The following items were recommended to be changed at the City Council Work Session: Change the words domesticated animals to “livestock” in Section 64-415(a)(4) Add “Fences shall be white, black, or dark brown in color” in Section 64-416(j)(3). Text Amendment provided for February 22, 2012 City Council Meeting Staff has provided the Planning Commission’s Recommendation which includes the City Attorney’s comments. In addition, Staff has shown the above recommended changes in the document for your review. Alternatives: The Mayor and City Council may choose to approve, deny or defer the Text Amendment to Article VI, Division 2 – AG-1 (Agricultural) Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney – Reviewed on 1/26/12 Planning Commission’s Recommendation with City Attorney’s Comments PLANNING COMMISSION RECOMMENDATION HIGHLIGHTED IN YELLOW CITY ATTORNEY RECOMMENDATION HIGHLIGHTED IN GRAY RZ12-01 – Text Amendment prepared for the Mayor and City Council Meeting on February 22, 2012 (Based on discussions at the Work Session on February 13, 2012) Page 1 of 3 DIVISION 2. AG-1 AGRICULTURAL DISTRICT 1 Sec. 64-414. Scope and intent. 2 The regulations set forth in this division are the AG-1 district regulations. Article IX should be consulted 3 to determine uses and minimum standards for uses allowed by administrative or use permit. The AG-1 district is 4 intended to encompass lands devoted to a wide range of uses, including: 5 (1) Individual parcels devoted to residential use; 6 (2) Single-family subdivisions; 7 (3) Agricultural; and 8 (4) Closely related uses. 9 Sec. 64-415. Use regulations. 10 (a) Permitted uses. A building or property may be used for only the following purposes: 11 (1) Single-family dwelling. 12 (2) Agriculture, general and specialized farming, including: horticulture, plant nursery, greenhouse, 13 dairy farming, livestock raising and poultry raising; provided, however, that buildings used for housing 14 animals must be at least 100 feet from all property lines. 15 (3) Roadside stand for the sale of agricultural products produced on the property. 16 (4) Riding stable other than accessoryBuildings for housing horses and uncovered riding areas, 17 other than accessory; provided buildings housing animals and uncovered riding areas are at least 100 18 feet from all property lines and the lot is not less than ten acres. Standards for keeping horses other 19 than for a nonaccessory public riding stable are the same as the standards contained in section 64-165 20 pertaining to the keeping of horses in a single family dwelling district. 21 22 (4) a. Structures housing horses and/or domesticated animalslivestock, which may be located 23 in the rear or side yards, provided that the structure must be, located at least 100 feet from all property 24 lines and at least 150 feet from any occupied structure located on any other property. 25 b. Structures housing horseslivestock, which may be located in the front yard, provided 26 that the structure must be, located at least 100 feet from all property lines and at least 150 feet from 27 any occupied structure located on any other property. 28 Planning Commission’s Recommendation with City Attorney’s Comments PLANNING COMMISSION RECOMMENDATION HIGHLIGHTED IN YELLOW CITY ATTORNEY RECOMMENDATION HIGHLIGHTED IN GRAY RZ12-01 – Text Amendment prepared for the Mayor and City Council Meeting on February 22, 2012 (Based on discussions at the Work Session on February 13, 2012) Page 2 of 3 (5) Uncovered equestrian riding area, which may be located in the front, rear or side yards, 29 provided that the riding area must be located at least 100 feet from all property lines and at least 150 30 feet from any occupied structure located on any other property, and further provided that the riding 31 area shall not be lighted and there shall not be designated seating structures for viewing the riding area. 32 (6) Kennel, veterinary hospital or veterinary clinic; provided buildings housing animals are 33 fully enclosed and at least 100 feet from all property lines and pens, runs, etc., which 34 are not located in a fully-enclosed building are at least 200 feet from all property lines. 35 (b) Prohibited uses: structures covering riding areas, lighted riding areas, designated seating 36 structures for viewing riding areas. 37 (c) Accessory uses. A building or land may be used for uses customarily incidental to any permitted 38 use and a dwelling may be used for a home occupation. 39 Sec. 64-416. Development standards. 40 (a) Height regulations. No building shall exceed 40 feet in height. 41 (b) Minimum front yard shall be 60 feet. 42 (c) Minimum side yard shall be as follows: 43 (1) Adjacent to interior line: 25 feet. 44 (2) Adjacent to street: 40 feet. 45 (d) Minimum rear yard shall be 50 feet. 46 (e) Minimum lot area shall be as follows: 47 (1) One acre with frontage on paved road. 48 (2) Three acres with frontage on unpaved road. 49 (f) Minimum lot width shall be 100 feet. 50 (g) Minimum lot frontage shall be 35 feet adjoining a street. 51 (h) Minimum heated floor area. There is no minimum heated floor area in this district. 52 (i) Minimum accessory structure requirements. Accessory structures may be located in rear or side 53 yards but shall not be located within a minimum yard. 54 Planning Commission’s Recommendation with City Attorney’s Comments PLANNING COMMISSION RECOMMENDATION HIGHLIGHTED IN YELLOW CITY ATTORNEY RECOMMENDATION HIGHLIGHTED IN GRAY RZ12-01 – Text Amendment prepared for the Mayor and City Council Meeting on February 22, 2012 (Based on discussions at the Work Session on February 13, 2012) Page 3 of 3 (1) Accessory buildings for housing horses are allowed in the front, side or rear yards, provided 55 the buildings are a minimum of 100 feet from all property lines and a minimum of 150 feet from 56 any occupied building except the dwelling unit of the owner. 57 (2) Accessory uncovered riding areas are allowed in the front, side or rear yards, provided the riding 58 areas are at least a minimum of 100 feet from all property lines. 59 (j) Fencing material and height along public streets. 60 (1) Allowed fencing material shall be three or four board wooden fencing with wood posts. 61 (2) Fences shall not exceed 55 inches from finished grade. 62 (3) Fences shall be white, black, or dark brown in color. 63 (3(4) Opaque fences are prohibited. 64 (45) Fences shall be set back a minimum of three feet from a public right-of-way. 65 (k) Conservation subdivision. The development standards of a conservation subdivision shall be in 66 Accordance with chapter 50, Section V (subdivision regulations). Chapter 50, section V , conservation 67 Subdivision is currently reserved. 68 Sec. 64-417. Other regulations. 69 The following headings contain provisions applicable to the AG-1 district: 70 (1) Development regulations: article XVII of this zoning ordinance. 71 (2) Exceptions: article II, division 3 of this zoning ordinance. 72 (3) Floodplain management: article IV of this zoning ordinance. 73 (4) Off-street parking and loading: article VIII of this zoning ordinance. 74 (5) Outside storage: article II, division 2 of this zoning ordinance. 75 (6) Landscape area and buffer regulations: article III of this zoning ordinance. 76 (7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. 77 (8) Signs: article XVI. 78 Secs. 64-418--64-436. Reserved. 79 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO AMEND ARTICLE VI, DIVISION 2 – AG-1 (AGRICULTURAL) OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on February 22, 2012 at 6:00 p.m. as follows: SECTION 1. That the Ordinance that relates to the use regulations and development standards in the AG-1 (Agricultural) district, Article VI, Division 2 of the City of Milton Zoning Ordinance is amended, is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 22nd day of February, 2012. _________________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 1 To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: February 14, 2012 for the February 22, 2012, City Council Meeting Agenda Item: RZ11-17 – To amend Article XVI of the Zoning Ordinance (Chapter 64 of the City Code) – Signs CMO (City Manager’s Office) Recommendation: The Mayor and City Council to hear and approve the attached text amendment to amend the Sign Ordinance, Article XVI the City of Milton Zoning Ordinance. Background: When the City‘s Sign Ordinance was adopted in December 2006, a major effort was made to write the ordinance as ―content neutral‖ to avoid any future legal issues pertaining to the U.S. Constitution‘s First Amendment right to free speech. The Sign Ordinance has remained intact with no major text amendments since it was adopted by the Mayor and City Council in December, 2006. During the past five years, the Community Development Department has heard from local business owners as well as citizens regarding this Ordinance. The overall concern was the permitted size and number of signs permitted in commercial areas. The following is a list of the six top concerns regarding signs:  Signs during sale or lease of property  Grand opening signage  Banners, location and duration  Incidental signage—tenant directories, directional freestanding signs, etc.  Crabapple and Birmingham Overlay Districts wall signs for multi-tenant, double frontage buildings  Window signage A sub-committee was organized, comprised of two Planning Commission members and other concerned business owners and citizens. After the proposed amendments were completed, the revised Sign Ordinance was introduced by Staff at a Planning Commission Work Session held on August 24, 2011. At the September 27, 2011 Planning Commission Work Session, there were approximately fifteen residents and business owners who made public comments on the proposed text amendment. Again, the primary concern was the size and number of signs permitted, the percentage of area for window signs permitted in the Crabapple area, and the allowance of neon signs in the Hwy 9 business corridor. The Planning Commission met an additional four times to review and edit the Sign Ordinance, and recommended approval, 5-0 at its December 21, 2011 Planning Commission Meeting. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 2 Discussion: The Planning Commission has met and deliberated on the proposed text amendments a total of six times incorporating the issues discussed at the Planning Commission Work Sessions and Meetings as well as Staff concerns. Based on the above input from citizens, business owners and Staff, the following major amendments were proposed, and are shown on the attached list. City Council Work Session February 13, 2012 The following items were discussed at the Work Session and Staff has provided a red lined version representing those recommendations: Flags within the entire City – The size and number of flags permitted. Increased the number from one per development to three flag poles, not to exceed the district height with each flagpole allowed one flag. The length of the flag shall not exceed ¼ the length of the flag pole. Single family residential lots are permitted one flag pole not to exceed 25 feet in height and one flag measured in the same manner as flags in developments. Grand Opening Event Signage within the entire City – Staff has included the allowance of a special event permit that regulates this type of event. The event shall only last for 48 hours which allows the following: one banner, one four square foot temporary sign, temporary tent, one inflatable device, one search light, and temporary outside display of merchandise. Within all Overlay Districts, clarifying that the area of the doors and spandrel glass panels are excluded from the calculation of the applicable sign area. Within all Overlay Districts, no window signs are allowed in clerestory windows and that in no case shall window signs exceed 10 percent of the total area per elevation. Within the Crabapple and Birmingham Overlay Districts, businesses whose primary entrance faces an interior parking lot or courtyard may have an additional wall sign and shall not exceed three percent of the applicable wall area. Alternatives: The Mayor and City Council may choose to approve, deny or defer the Text Amendment to amend Article XVI of the Zoning Ordinance (Chapter 64 of the City Code) – Signs. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney – Final edits on January 27, 2012 City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 3 PROPOSED CHANGES TO CITY OF MILTON SIGN ORDINANCE Section 64-2241, Added/clarified definitions Section 64-2265, Clarified which signs are not subject to the Ordinance Section 64-2292, Clarified business license requirement Section 64-2294, Added requirement for permit for window signs Section 64-2295, Clarified prohibited signs Section 64-2297, Deleted ‗material change‘ Section 64-2299, o Changed setback for permanent ground signs to ―20 feet from edge of pavement‖ o Changed setback for temporary ground signs to ―15 feet from edge of pavement‖ Section 64-2303, o Added additional banner allowance for new businesses o Increased size of ‗real estate‘ (signs during the sale or lease of property) signs; differentiated between major roads and other roads. o Added allowance for ‗graduation‘ banner Section 64-2324, Highway 9 Overlay o Added restrictions/requirements to banners for multi tenant commercial buildings o Increased allowances for window signs o Changed allowances for internally lit window signs o Clarified prohibited signs Section 64-2325, Crabapple Overlay o Increased allowance for blade signs o Increased allowance for window signs o Changed allowances for internally lit window signs o Added allowance for sandwich board sign Section 64-2326, Birmingham Overlay o Increased allowance for blade signs o Increased allowance for window signs o Added allowance for sandwich board sign Section 64-2327—Added Master signage plan requirement o Required for all newly developed or newly zoned multiple tenant commercial buildings, multi building developments, mixed use developments, and single family and multifamily developments. o Signage plans for developments that require zoning will be approved by the Mayor and Council, as part of the zoning process o Signage plans that do not require zoning will be approved by the Community Development Director, as part of the land disturbance permit (LDP) process STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND ARTICLE XVI OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE - SIGNS BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on February 22, 2012 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to Amending Article XVI, in regards to size, number and type of signs and adding a Master Signage Plan for signs is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed; and SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 22nd day of February, 2012. ___________________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 1 of 55 1 2 DIVISION 1. - GENERALLY 3 4 Sec. 64-2241. - Definitions. 5 Sec. 64-2242. - Purpose and findings. 6 Sec. 64-2243. - Director's duty to administer and enforce. 7 Sec. 64-2244. - Applicability. 8 Sec. 64-2245. - Severability. 9 Secs. 64-2246—64-2264. - Reserved. 10 11 12 Sec. 64-2241. - Definitions. 13 Words and phrases used in this article shall have the meanings set forth in this section. Words and 14 phrases not defined in this section, but defined elsewhere in the city zoning ordinance, shall be given the 15 meanings set forth in such ordinance. All other words and phrases shall be given their common, ordinary meaning, 16 unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and 17 shall not be used in the interpretation of this article. 18 Abandoned sign means any sign that contains or exhibits broken panels, visible rust, visible rot, 19 damaged support structures, or missing letters or which is otherwise dilapidated, unsightly, or unkempt, and for 20 which no person accepts maintenance responsibility. 21 Animated sign means any sign, or part of a sign, that uses any movement or change of lighting or color to 22 depict action or create a special effect or scene. 23 Audible sign means any sign which emits a sound which is audible or emits a signal which can be 24 converted into audible sounds, whether by radio or other means. 25 Awning/canopy sign. 26 (1) 27 The term "awning/canopy sign" means any sign that is a part of, or attached to, an awning, 28 canopy or other fabric, plastic or structural protective cover over a door, entrance, window, or 29 outdoor service area. 30 (2) 31 The term "awning/canopy sign" does not include a marquee. 32 33 Banner means a sign other than a flag with or without characters, letters, illustrations or ornamentation 34 applied to cloth, paper, vinyl or fabric that is intended to be hung either with a frame or without a frame. Neither 35 flags nor awning/ canopy signs are considered banners. 36 Beacon means any light with one or more beams directed into the atmosphere or directed at one or more 37 points not on the same lot as the light source; also, any light with one or more beams that rotate or move. 38 Billboard means a freestanding sign with an area of more than 120 square feet. 39 Blade/shingle sign means a sign which extends out from a building face or wall so that the sign face is 40 perpendicular or at an angle to the building face or wall. 41 Clerestory means any high windows above eye level. 42 Changeable copy sign means any sign that incorporates changing lights, lettering, or images to form a 43 sign message or messages, whether such changes are accomplished electronically or manually. 44 City means the City of Milton, Georgia. 45 City council means the City Council of the City of Milton, Georgia. 46 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 2 of 55 Department means Community Development Department, or such other department as is given authority 47 to implement this Authority by the City. 48 Director means the director of the Community Development Department, or such other department as is 49 given authority to implement this Authority by the City, or his or her designee. 50 Fall zone means an area equal to 133 percent of the height of the structure in every direction. 51 Flag means any fabric or bunting containing colors, patterns, or symbols used as a symbol of a 52 government or other legal entity or legally organized organization. 53 Flashing sign means a sign, the illumination of which is not kept constant in intensity at all times when in 54 use or which exhibits marked changes in lighting effects. 55 Freestanding sign means any sign supported by structures or supports that are placed on or anchored in 56 the ground and that are independent from any building or other structure . They are permanently affixed signs 57 which are wholly independent of a building for support. 58 Graffiti means unauthorized writing or drawing on the facade of any building, sign, path, accessory 59 structure, wall, fence, or other site element. 60 Illegal activity signs means signs which advertise an activity which is illegal under federal, state or local 61 laws. 62 63 Illuminated sign, external, means a sign illuminated by an external light source. Such source cannot be a 64 device that changes color, flashes or alternates. 65 Illuminated sign, internal, means a sign illuminated by an internal light source, including electric lights, 66 luminous tubes, LED, neon, fiber optics, fluorescent. Such source cannot be a device that changes color, flashes, 67 or alternates. 68 Imitation traffic signs. Signs which contain or are an imitation of an official traffic sign or signal or contain 69 the words "stop," "go," "slow," "caution," "warning," or similar words in such a manner as to resemble official traffic 70 control signs. 71 72 Kiosk means a small structure with one or more sides that is used to vend merchandise or services. 73 Landscape strip means an area required by this zoning ordinance or by conditions of zoning which is 74 reserved for the installation and maintenance of plant materials. 75 LED means an electronically controlled sign utilizing light-emitting diodes to form some or all of the sign 76 message. 77 Lot means a parcel of land that is of sufficient size to meet minimum zoning requirements for lot area, 78 coverage, and use and that can provide such yards and other open spaces as required by the zoning standards. 79 Lollypop sign means a pole sign with an additional 3-dimensional shape or sign on the top. 80 Marquee or marquee sign means any permanent roof-like structure projecting beyond a building or 81 extending along and projecting beyond the wall of the building . 82 Monument means a freestanding sign with a base width of not less than the width of the sign face. 83 Moving sign means a sign which revolves, rotates, swings, undulates, or otherwise attracts attention 84 through the structural movement of parts. 85 Multi tenant means one or more buildings, located on a single premises or development, containing two 86 or more separate and distinct individual licensed business, which occupy separate portions of the building or 87 buildings, and which are physically separated from each other by walls. 88 Neon sign means neon or other inert gas filled tubing signs. This definition includes lighted banding 89 used as trim around buildings or windows. 90 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 3 of 55 91 Nonconforming Sign means any sign which was lawfully erected and maintained prior to the adoption, 92 revision or amendment of this Article XVI of the City of Milton Zoning Ordinance, but which, by reason of such 93 adoption, revision, or amendment, no longer meets or conforms to one or more such requirements within Article 94 XVI. 95 96 Obscene. Material is obscene if to the average person, applying contemporary community standards, 97 taken as a whole, it predominantly appeals to the prurient interest, that is, a shameful or morbid interest in nudity, 98 sex or excretion; the material taken as a whole lacks serious literary, artistic, political or scientific value; and the 99 material depicts or describes, in a patently offensive way, sexual conduct specifically defined as: 100 (1) 101 Acts of sexual intercourse, heterosexual or homosexual, normal or perverted, actual or 102 simulated; 103 (2) 104 Acts of masturbation; 105 (3) 106 Acts involving excretory functions or lewd exhibition of the genitals; 107 (4) 108 Acts of bestiality or the fondling of sex organs of animals; or 109 (5) 110 Sexual acts of flagellation, torture, or other violence indicating a sadomasochistic sexual 111 relationship. 112 113 Pennant or streamer means any lightweight plastic, fabric, or other material, whether or not containing a 114 message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind. 115 Permanent sign means any sign which, when installed, is intended for permanent use, and is of a type 116 and construction as not to be easily or readily removed from the lot on which it has been erected. 117 Permit means a sign permit reviewed, approved, and issued by the city community development 118 department. 119 Permittee means the person or entity owning or leasing the land on which the sign is erected or for which 120 an application has been submitted. 121 Person means a natural or legal person, including a firm, organization, partnership, trust, and 122 corporation. 123 Pole sign means a freestanding sign with visible support structures. 124 125 Portable sign means a sign which is not permanently affixed to the ground or to a structure including, but 126 not limited to, signs on trailers or signs mounted or painted on vehicles which are either parked or moving, in such 127 a manner as to serve the purpose of a sign. 128 Principal building means the building in which the principal use of the lot is conducted. Nonresidential lots 129 with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other 130 structures with clearly accessory uses shall not be considered principal buildings. 131 Projecting sign means any sign which is suspended or projected from the wall, eave, or soffit of the 132 building. 133 Public sign means any sign erected by a governmental entity. 134 Pylon sign means a freestanding sign with visible support structure or with the support structure 135 enclosed with a pole cover. 136 Roof sign means any sign erected and constructed wholly on and over the roof of a building, or 137 supported by the roof structure. 138 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 4 of 55 Sign means any device, fixture, placard, or structure affixed to, supported by, or suspended by a 139 stationary object, building or the ground that uses any color, form, graphic, illumination, symbol, or writing to 140 communicate information of any kind to the public. 141 Sign face means that part of a sign that is or can be used for advertising purposes. 142 Sign kiosk means a small structure for advertising that contains signs. 143 Shingle/blade sign means a sign which extends out from a building face or wall so that the si gn face is 144 perpendicular or at an angle to the building face or wall. 145 Standard informational sign means a sign with an area of not greater than four square feet, with a sign 146 face made for short-term use, containing no reflecting elements, flags, or projections and which, when erect, 147 stands at a height not greater than three feet and is mounted on a st ake or metal frame with a thickness or 148 diameter not greater than 1½ inches. 149 150 Temporary sign means any sign of nonpermanent nature. 151 Wall sign means any sign attached parallel to a wall, painted on the wall surface or erected and confined 152 within the limits of an outside wall of any building or structure, which is supported by such wall or building and which disp lays 153 only one sign surface. 154 155 Water tower means a tower or standpipe serving as a reservoir to deliver water at a required head, 156 whether in use, no longer in use or an architectural feature. 157 Window sign means any sign that is affixed to the exterior of the window or window panes , or on or within 158 five feet of the interior of the window or window panes and is visible from the exterior of the structure. Window 159 signs include decals and images painted onto the glass. Windows do not include architectural features. 160 Zoned development means property subject to a single zoning application. 161 (Ord. No. 09-04-40, art. 33, § 3, 4-27-2009) 162 Sec. 64-2242. - Purpose and findings. 163 (a) 164 Purpose. This article was enacted with the following purposes: 165 (1) 166 To protect the rights of individuals and businesses to convey their messages through signs; 167 (2) 168 To encourage the effective use of signs as a means of communication; 169 (3) 170 To promote economic development; 171 (4) 172 To improve traffic and pedestrian safety as it may be affected by distracting signs; 173 (5) 174 To prevent the destruction of the natural beauty and environment of the city and to ensure the 175 harmony and compatibility of the character of the area including its physical appearance, natural 176 setting, informal landscaping, and preserve the historic character of the city; 177 (6) 178 To encourage and ensure that development that is context-sensitive in design and materials 179 compliments and is compatible and sensitive with the existing character of the area through its 180 proportion, scale, design, style, placement, position, and architectural qualities that further the 181 distinct values of the city; 182 (7) 183 To protect the public health, safety, and general welfare; 184 (8) 185 To restrict the continued existence of abandoned or nonconforming signs unless in c ompliance 186 with the terms of this article and to eliminate, over time, all nonconforming signs; 187 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 5 of 55 (9) 188 To ensure the fair and consistent enforcement of sign standards; and 189 (10) 190 To make it easier, quicker, and more economically efficient to apply for a sign permit. 191 (b) 192 Findings. This article was enacted with the following findings in mind: 193 (1) 194 The City finds that signs are a proper use of private property, are a means of personal free 195 expression and a necessary component of a commercial environment. As such, s igns are 196 entitled to the protection of the law. In the absence of regulation, however, the number of such 197 signs tends to proliferate, with property owners' desiring ever increasing numbers and sizes of 198 signs, leading to cluttered and aesthetically blighted thoroughfares. In addition, the competition 199 among competing sign owners for visibility of their signs contributes to safety hazards for both 200 vehicles and pedestrians and undermines the sign owners' original purpose of presenting a 201 clear message of its idea or identification of its premises. 202 (2) 203 The City further finds that the regulation of the size, height, number and spacing of signs is 204 necessary to protect the public safety, to ensure compatibility of signs with surrounding land 205 uses, to enhance the business and economy of the city, to protect the public investment in the 206 streets and highways, to maintain the tranquil environment of residential areas, to promote 207 industry and commerce, to eliminate visual clutter and blight, to provide an aesthetically 208 appealing environment, and to provide for the orderly and reasonable display of advertising for 209 the benefit of all the city's citizens. 210 (3) 211 The City further finds that there is a substantial difference between signs erected by public 212 authority and signs erected by private citizens or businesses. Signs erected by public authority 213 are virtually all erected for the purpose of maintaining the public safety either through direct 214 control of traffic or through provision of such type signage as street signs which en able the 215 traveling public to know where they are located and to find where they are going. As such, with 216 the exception of signs identifying government buildings, virtually all government signs are 217 erected purely for public safety purposes. Moreover, their use in the public right-of-way is 218 necessary to ensure their visibility to the motoring public. The city commission finds that public 219 utility signs are frequently of the same nature as those signs erected by governmental entities in 220 that they provide necessary information to safeguard the public from downed power lines and 221 from street excavations. Even where signs serve a propriety purpose, such as identifying 222 markings on utility poles, those signs are marked primarily for the purpose of benefiting the 223 public generally through identification of locations where there may be temporary losses of 224 power. 225 (4) 226 The City further finds that some signage has a single targeted function and that identification of 227 such signage by description is impossible without referring to its function. For instance, address 228 numerals are used for the sole purpose of locating addresses, which is of benefit to persons 229 looking for those addresses and is essential to public safety personnel responding to 230 emergencies. Subdivision signs at the entrances to subdivisions favor a similar purpose in 231 enabling both the traveling public and emergency pers onnel to quickly locate subdivision 232 entrances for the purpose of either visitation or responding to emergency calls. While such 233 signage is referenced based upon the function it serves within the context of this ordinance, the 234 bulk of the provisions of this article are unrelated to the content of the speech provided and 235 allow maximum expressive potential to sign owners. 236 (5) 237 The City further finds that most of the city is unique when compared to surrounding areas in 238 terms of the rural, pastoral and equestrian nature of its land uses. Examination of such factors 239 as the lack of sewerage of the majority of its land area, the resulting minimum lot size, the lack 240 of commercial development outside overlay districts and purposefully developed commercial 241 corridors and the large number of agricultural and related uses such as horse farms set the city 242 apart from the more commercialized and developed municipalities which surround it. The 243 preservation of this atmosphere and lifestyle was a major factor in the drive to inc orporate the 244 City as its own unique city. Accordingly, the City determines that it has a substantial government 245 interest in striking a proper balance between the right of freedom of expression in terms of the 246 time, place and manner of signage with the need to preserve the pristine character of the city. 247 (Ord. No. 09-04-40, art. 33, § 2, 4-27-2009) 248 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 6 of 55 Sec. 64-2243. - Director's duty to administer and enforce. 249 The director of the Department is hereby authorized and directed to administer and enforce this article, 250 unless otherwise specifically provided by an ordinance of the City Council. 251 (Ord. No. 09-04-40, art. 33, § 4, 4-27-2009) 252 Sec. 64-2244. - Applicability. 253 The standards of this article shall apply to all signs erected within the city's corporate limits. This includes 254 those areas that have been or will be annexed into the city corporate limits. 255 (Ord. No. 09-04-40, art. 33, § 5, 4-27-2009) 256 Sec. 64-2245. - Severability. 257 Should any article, section, clause, or provision of this article be declared by a court of competent 258 jurisdiction to be invalid, such action shall not affect the validity of the ordinance as a whole or any part hereof 259 other than the part so declared to be invalid, it being the intent of the city council that each article, section, clause, 260 and provision hereof be severable. 261 (Ord. No. 09-04-40, art. 33, § 27 , 4-27-2009) 262 Secs. 64-2246—64-2264. - Reserved. 263 264 265 DIVISION 2. - PERMITS 266 Sec. 64-2265. - Required. 267 Sec. 64-2266. - Fees. 268 Sec. 64-2267. - Application. 269 Sec. 64-2268. - Rejection. 270 Sec. 64-2269. - Reserved. 271 Sec. 64-2270. - Variance. 272 Sec. 64-2271. - Suspension; termination. 273 Sec. 64-2272. - Expiration date. 274 Secs. 64-2273—64-2291. - Reserved. 275 276 277 Sec. 64-2265. - Required. 278 (a) 279 Except where specifically not required by the standards of this article, it shall be unlawful for any person 280 to post, display, materially change, or erect a sign in the city without first having obtained a sign permit. 281 Notwithstanding the foregoing, signs which are not visible from a public right-of-way, private drive, public space, or 282 from neighboring residential properties shall not be subject to the standards of this article. 283 (b) 284 All applicants for signs that incorporate electricity must obtain an electrical permit; 285 (c) 286 .All applicants for any sign that is greater than eight feet in height (as measured from grade) and greater 287 than 32 square feet in area must obtain a building permit. See Section 64-2302. 288 (Ord. No. 09-04-40, art. 33, § 6, 4-27-2009) 289 Sec. 64-2266. - Fees. 290 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 7 of 55 No permit shall be issued until the appropriate application has been filed with the Director and fees, as 291 set from time to time by ordinance of the City Council, have been paid. 292 (Ord. No. 09-04-40, art. 33, § 7, 4-27-2009) 293 Sec. 64-2267. - Application. 294 (a) 295 Contents. Applications for sign permits required by this article shall be filed in duplicate by the person 296 owning the subject property, or the owner's agent, in the office of the Director upon forms furnished by 297 that office. The application shall describe and set forth the following: 298 (1) 299 The type and purpose of the sign as defined in this article; 300 (2) 301 The value of the sign; 302 303 304 (3) 305 A survey to scale showing the street address of the property upon which the subject sign is to 306 be located, the proposed location of subject sign on subject property, the distance of the 307 proposed sign from the subject property's boundaries, and all existing structures or buildings on 308 the subject property; 309 (4) 310 The square foot area per sign and the aggregate square foot area if there is more than one sign 311 face; 312 (5) 313 The name and address of the owner of the real property upon which the subject sign is to be 314 located; 315 (6) 316 The property owner's written consent, or his or her agent, granting permission for the 317 placement, maintenance, size, and height of the subject sign to be placed on the property; 318 (7) 319 For wall signs, two sets of building elevations; 320 (8) 321 The name, address, telephone number, and business license number of the sign contractor. 322 (9) 323 Sign details, including a proposed color scheme of sign, and scaled elevation of the size and 324 height of the proposed sign from ground level and adjacent street level; and 325 (10) 326 The zoning district in which the subject property is located and a statement of compliance with 327 all requirements of the zoning district. 328 (Ord. No. 09-04-40, art. 33, § 8, 4-27-2009) 329 Sec. 64-2268. - Rejection. 330 (a) 331 Incomplete, false statements. The Director shall reject any application that is incomplete, that contains 332 false material statements or omissions, or that is for a sign which would violate any standard within this 333 article within 30 business days of receipt of said application. 334 (b) 335 Processing time; notice; denial. The City shall process all complete and accurate sign permit applications 336 within 30 business days of the city's actual receipt of a complete and accurate application and upon 337 remittance of the appropriate sign permit fee. The Director shall give notice to the applicant of his or her 338 decision by hand delivery or by mailing such notice by certified mail, return receipt requested, to the 339 address on the permit application on or before the 30th business day. If the decision of the Director is to 340 deny the application, the decision shall state the grounds upon which the denial is based. Failure of the 341 City to act within the 30-day period shall be deemed a denial of the permit. If notice is mailed in 342 conformity with this section, notice shall be deemed to have been given upon the date of mailing. Any 343 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 8 of 55 application meeting the standards of this article will be granted. Any application not meeting the 344 standards of this article will be denied. 345 (c) 346 Appealable. A rejection pursuant to this section shall be appealable pursuant to the procedures for 347 zoning appeals outlined in this zoning ordinance. However, notwithstanding the foregoing, a final 348 decision of an appeal of the denial of a sign permit will be rendered within 80 days from the date an 349 appeal is filed. If a final decision of an appeal of the denial of a sign permit is not rendered within the 80-350 day period, the decision sought to be appealed shall be affirmed. 351 (d) 352 Resubmission. A rejected application later resubmitted in conformity with this article shall be deemed to 353 have been submitted on the date of resubmission, instead of the original submission date. An application 354 which is resubmitted shall meet all the standards for an original application. 355 (Ord. No. 09-04-40, art. 33, § 9, 4-27-2009) 356 Sec. 64-2269. - Reserved. 357 Sec. 64-2270. - Variance. 358 (a) 359 Limitations. The Board of Zoning Appeals shall be allowed to grant variances to this article. 360 361 362 (b) 363 Timing. The Board of Zoning Appeals shall hear and decide upon a variance to this article within 80 days 364 of the submission of a complete and accurate application for variance to this article. If a decision on the 365 variance is not rendered within 80 days, then the petition shall be deemed approved. 366 (c) 367 Procedure. Except as modified by this article, the procedures for requesting a variance from the 368 standards of this article shall be the same procedures as that for seeking a variance from the city's 369 ordinances regulating zoning. 370 (d) 371 Standards. The standards which shall be considered for granting a variance from the standards of this 372 article shall be only the following: 373 (1) 374 Relief to this article may only be granted where existing foliage or structures bring about a 375 hardship whereby a sign meeting the maximum letter size, square footage and height 376 requirements cannot be read from an adjoining road; or 377 (2) 378 The application of the particular provision of this Zoning Ordinance to a particular piece of 379 property, due to extraordinary and exceptional conditions pertaining to that property because of 380 its size, shape, or topography, would create an unnecessary hardship for the owner while 381 causing no detriment to the public. 382 (Ord. No. 09-04-40, art. 33, § 11, 4-27-2009; Ord. No. 09-06-44, art. XXXIII, § 11, 6-15-2009) 383 Sec. 64-2273. - Expiration date. 384 (a) 385 A sign permit shall become null and void if the sign for which the permit was issued has not been 386 installed and completed within six months after the date of issuance; provided, however, that where an 387 applicant can demonstrate that a commercial entity was timely engaged to construct the permitted sign, 388 but the fabrication has not yet been completed, one 90-day extension may be granted by the Director. 389 (b) 390 No refunds shall be made for a permit after the permit is issued. If later an individual desires to er ect a 391 sign at the same location, a new application for the sign must be processed and another fee paid in 392 accordance with the fee schedule applicable at such time. 393 (Ord. No. 09-04-40, art. 33, § 13, 4-27-2009) 394 Secs. 64-2274—64-2291. - Reserved. 395 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 9 of 55 396 DIVISION 3. - ADDITIONAL PROVISIONS 397 398 Sec. 64-2292. - Business license tax certificate, public liability insurance required. 399 Sec. 64-2293. - Identification labels; inspection; notice. 400 Sec. 64-2294. - Signs requiring no permit. 401 Sec. 64-2295. - Prohibited signs and devices. 402 Sec. 64-2296. - Reserved 403 Sec. 64-2297. - Nonconforming signs. 404 Sec. 64-2298. - Reserved. 405 Sec. 64-2299. - Sign location. 406 Sec. 64-2300. - Measurement of sign area. 407 Sec. 64-2301. - Measurement of sign height. 408 Sec. 64-2302. - Construction standards. 409 Sec. 64-2303. - Restrictions based on location. 410 Secs. 64-2304—64-2322. - Reserved. 411 412 413 Sec. 64-2292. - Business license tax certificate, public liability insurance required. 414 It shall be unlawful for any person to engage in the business of erecting or maintaining signs within th e 415 city, unless and until such entity shall have obtained an occupation tax certificate or business license issued in the 416 State of Georgia, and a certificate of insurance from an insurance company authorized to do business in the state 417 evidencing that the entity has in effect public liability and property damage insurance in the sum of $25,000.00 for 418 property damage for any one claim, and public liability insurance in an amount not less than $100,000.00 for 419 injuries, including accidental death to one person. The certificate of insurance shall state that the insurance carrier 420 shall notify the city 30 days in advance of any termination or restriction of the coverage, including nonrenewal, 421 cancellation, and nonpayment of any premium. 422 (Ord. No. 09-04-40, art. 33, § 14, 4-27-2009) 423 Sec. 64-2293. - Identification labels; inspection; notice. 424 (a) 425 Identification labels. With each sign permit, the Director shall issue a sticker bearing the same number as 426 the permit with which it is issued. It shall be the duty of the permittee or his or her agent to affix such 427 sticker to the sign in the lower right hand area so it is easily seen. The absence of a proper stic ker shall 428 be prima facie evidence that the sign has been, or is being, erected or operated in violation of the 429 standards of this article. 430 (b) 431 Inspection. The Director shall inspect all existing signs in the city to determine if such signs conform to 432 the standards of this article. Identification stickers shall be provided for all signs in order to identify 433 existing conforming and nonconforming signs. 434 (Ord. No. 09-04-40, art. 33, § 15, 4-27-2009) 435 Sec. 64-2294. - Signs requiring no permit. 436 The following shall not count toward the total amount of signage allowed and no permit is required so 437 long as all standards in this article are met, including the following: 438 (1) 439 Numerals displayed for the purpose of identifying property location not to exceed eight inches in 440 height; 441 (2) 442 Flags; 443 (3) 444 Door signs not to exceed one square foot in size and not more than one sign per door; and 445 (4) 446 Temporary standard informational signs in all districts. 447 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 10 of 55 (Ord. No. 09-04-40, art. 33, § 16, 4-27-2009) 448 Sec. 64-2295. - Prohibited signs and devices. 449 The following types of signs are prohibited in the City: 450 (1) 451 Moving signs, sandwich boards and signs applied directly to sidewalk or curb, balloons, 452 streamers or air or gas filled figures and other similar temporary signs (except where specifically 453 allowed). 454 (2) 455 Beacons, search lights, laser lights or images, (except where specifically allowed). 456 (3) 457 Audible signs. 458 (4) 459 Signs in right-of-way, other than those belonging to a government, public service agency, or 460 railroad. 461 (5) 462 Signs mounted on a utility pole, water tower or other similar structure, architectural features, 463 traffic signal or traffic control box and cell towers. 464 (6) 465 Roof signs, Marquee signs 466 (7) 467 Portable signs, except that signs posted in the window of a vehicle, totaling one square foot, 468 shall be permitted, unless the vehicle is parked within a nonresidential district or AG-1 469 (Agricultural) developed with a nonresidential use, with the intent to sell that vehicle. 470 471 (8) 472 Obscene signs. 473 (9) 474 Illegal activity signs. 475 (10) 476 Signs not maintained. 477 (11) 478 Abandoned signs. 479 (12) 480 Animated signs, flashing signs, rotating signs, and changeable copy signs. 481 (13) 482 Imitation traffic signs. 483 (14) 484 Graffiti. 485 (15) 486 Sign kiosks. 487 (16) 488 Signs attached to or painted on natural objects. 489 (17) 490 Temporary signs and banners attached to fences or walls (except where specifically allowed). 491 (18) 492 Internally illuminated window signs, including neon( except where specifically allowed). 493 494 (19) Signs in landscape strip, unless approved by the City Arborist. 495 496 (Ord. No. 09-04-40, art. 33, § 17, 4-27-2009) 497 Sec. 64-2296. - Reserved 498 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 11 of 55 Sec. 64-2297. - Nonconforming signs. 499 (a) 500 Maintained. A nonconforming sign shall not be replaced by another nonconforming sign, except that the 501 substitution or interchange of poster panels, painted boards, or dismountable material on nonconforming 502 signs shall be permitted. All nonconforming signs shall be maintained in good repair. 503 504 (b) 505 Repair. Minor repairs and maintenance of nonconforming signs shall be permitted; however, no 506 structural repairs or changes in the size or shape of a nonconforming sign shall be permitted except to 507 make the sign comply with the standards of this article. To the extent that any sign allowable hereunder is 508 damaged or destroyed by an act of God or by other circumstances beyond control of the owner of the 509 sign, then such sign may be repaired without regard to the restrictions of this subsection. 510 (c) 511 Grandfathering. Legal nonconforming signs may stay in place until one of the following conditions occurs: 512 (1) 513 The business on which the property on which the sign is located ceases operation for at least 514 six consecutive months. 515 (2) 516 The deterioration of the sign or damage to the sign makes it a hazard or renders it dilapidated, 517 unsightly, or unkempt; or 518 (3) 519 The sign has been damaged to such extent that more than minor repairs or a material change is 520 required to restore the sign. No structural repairs or change in shape or size sha ll be permitted 521 except to make the sign comply with all standards of this article. To the extent that any sign 522 allowable hereunder is damaged or destroyed by an act of God or by other circumstances 523 beyond control of the owner of the sign then such sign may be repaired without regard to the 524 restrictions of this subsection. 525 (Ord. No. 09-04-40, art. 33, § 19, 4-27-2009) 526 Sec. 64-2298. – Reserved 527 Sec. 64-2299. - Sign location. 528 (a) 529 Obstructions to doors, windows or fire escapes. No sign shall be erected, relocated, or maintained so as 530 to prevent free ingress or egress from any door, window, or fire escape. 531 (b) 532 Signs not to constitute traffic hazard. No sign or any part thereof, except authorized traffic signs, shall be 533 located in any government right-of-way. No sign, except authorized traffic signs, may be located any 534 closer than 20 feet to an intersection as measured from the intersection of the two rights -of-way. 535 (c) 536 Setback. Unless a more restrictive setback is specified in conditions of zoning or otherwise in this article, 537 all permanent ground signs shall set back 20 feet from the edge of pavement. No sign, except authorized 538 traffic signs, shall project over the right-of-way. 539 All temporary signs, as described in Sec. 64-2303, shall be placed at least 15 feet from the edge of 540 pavement. No signs shall be placed between the road and the back of the landscape strip . 541 (Ord. No. 09-04-40, art. 33, § 21 , 4-27-2009) 542 543 Sec. 64-2300. - Measurement of sign area. 544 (a) 545 Size generally. The area of a sign shall be computed as the area within the smallest continuous polygon 546 comprised of not more than eight straight lines enclosing the limits of a sign face, together with any sign 547 face cabinet or frame or material, texture, or color forming an integral part of the sign face used to 548 differentiate the sign face from the structure upon which it is placed. If polygons established around wall 549 signs located on the same street oriented wall are within 24 inches or less of one another, th en the area 550 of the sign shall be measured within one continuous polygon. 551 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 12 of 55 (b) 552 Structure. The computation of the area of a sign face shall not include the structure, supports, or uprights 553 on which the sign face is placed or any portions of a sign structure that are not intended to contain any 554 message or idea and are purely structural or decorative in nature, other than those parts contained within 555 the polygon that delineates the sign face. 556 (c) 557 Multi faced signs. For multi-faced signs, when the sign face surfaces are back-to-back, or where the 558 interior angle formed by the faces is 45 degrees or less, the area of the sign shall be taken as the areas 559 on the largest side. For all other multi faced signs, the area of the sign shall be the total area on all sid es. 560 (d) 561 Three-dimensional signs. Three-dimensional signs shall not exceed two inches from surface. 562 (Ord. No. 09-04-40, art. 33, § 22 , 4-27-2009) 563 Sec. 64-2301. - Measurement of sign height. 564 The height of a sign shall be computed as the distance from the base of the sign structure at normal 565 grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower 566 of: 567 (1) 568 Existing grade prior to construction; or 569 (2) 570 The newly established grade after construction, exclusive of any filling, berming, mounding, or 571 excavating solely for the purpose of locating the sign. 572 (Ord. No. 09-04-40, art. 33, § 23 , 4-27-2009) 573 574 575 Sec. 64-2302. - Construction standards. 576 (a) 577 Building codes. All permanent signs permitted under this Code shall be constructed and maintained in 578 accordance with the applicable City building codes. For any sign that is greater than eight feet in height 579 (as measured from grade) and greater than 32 square feet in area, the permittee must submit, with its 580 building permit application, detailed structural design drawings of the sign and its foundations. Such 581 drawings must include the foundation, supporting structure and sign face and must be certified by a 582 professional structural engineer, licensed in the state of Georgia. The certifying engineer shall provide an 583 insurance certificate indicating it carries a minimum of $1,000,000.00 of professional liability insurance. 584 (b) 585 Faces. The face of the sign shall be flat, with protrusions of no more than two inches to allow for the 586 texture of the sign and words, letters, figures, symbols, logos, fixtures, colors, or other design elements. 587 No sign or other advertising structure shall be constructed so as to have nai ls, tacks, or wires protruding 588 therefrom. Sign faces shall be made out of wood or other material which has the appearance of carved, 589 distressed, or sandblasted wood. 590 (c) 591 Illumination. Signs may be externally illuminated where permitted pursuant to this a rticle. Colored lighting 592 is prohibited. Where external illumination is permitted for freestanding signs, the source of illumination 593 shall be screened from the view of the general public with shrubs. 594 595 (d) 596 Construction of bases. Except in the overlay districts, freestanding signs shall have a base not less than 597 one-third the width of the sign face. Base must also be wood or brick or stone or have the appearance of 598 wood, brick or stone or other materials which are compatible with the main structure as approved by the 599 community development department director. 600 (e) 601 Landscaping. Landscaping and grass shall be maintained in front of, behind, underneath, and around the 602 base of freestanding signs. 603 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 13 of 55 (Ord. No. 09-04-40, art. 33, § 24 , 4-27-2009) 604 Sec. 64-2303. - Sign restrictions based on location. 605 If not otherwise stated, any sign not specifically allowed in a zoning district as provided under this section 606 shall be prohibited in that district, except as otherwise provided for under this article. The following standards 607 govern signs within specific zoning districts. The following signs shall be setback at least 15 feet from the edge of 608 pavement. 609 (1) 610 Signs permitted in all zoning districts. 611 612 a. Temporary freestanding signs are permitted in all zoning districts, per the following 613 standards: 614 1. Signs during construction. One sign shall be allowed during construction. A permit 615 shall be required. The sign may be externally illuminated, shall not exceed 12 square 616 feet in area and five feet in height, and shall be allowed beginning with the 617 commencement of construction and ending with the issuance of the last certificate of 618 occupancy or two years, whichever one shall first occur. Thereafter, the permittee may 619 reapply for a renewal permit subject to same termination conditions as set forth in this 620 subsection. 621 622 2. Temporary standard informational signs. Each lot and/or development may display 623 one standard informational sign not exceeding four square feet without a permit, except 624 that during a political election or referendum, between the date of qualification of the 625 candidate or the referendum question and final determination on each ballot issue or 626 candidate, each lot may display an unlimited number of standard informational signs . All 627 such signs shall be removed within seven calendar days after the purpose of which the 628 sign is intended has been accomplished. 629 3. Signs during the sale or lease of property. During the sale or lease of property, one 630 sign per road frontage of the property for sale or lease, shall be allowed. The s ign shall 631 not be internally illuminated. The sign shall not exceed 9 square feet on major roads, 632 and 6 square feet on all other roads. A permit shall be required for signs greater than 633 6 square feet. 634 635 636 Major roads include: 637 US Hwy 19 (GA 400) McGinnis Ferry Road 638 State Route 9 Arnold Mill Road/State Hwy 140 639 Windward Parkway Birmingham Hwy/State Hwy 372 640 Cogburn Road Hopewell Road 641 New Providence Road 642 643 b. Banners are permitted in all zoning districts, per the following standards; 644 Banners shall be allowed for a period not exceeding ten consecutive days, with no 645 more than four such ten-consecutive-day periods being permitted per calendar year, 646 per lot. 647 648 In addition, each new business shall be allowed a banner for 30 consecutive day s 649 starting from the issuance of the business license or occupational tax certificate. 650 651 Banners shall not be more than 24 square feet. A permit shall be required. No banner 652 shall be mounted so as to extend above the horizontal plane of the roof where the 653 building wall and roof meet or shall not extend more than five feet above grade when 654 on the ground. All banners mounted on the ground must be supported on all sides by a 655 PVC frame or its equivalent. 656 657 658 (2) 659 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 14 of 55 AG-1 (Agricultural district). 660 661 a. Freestanding signs. 662 Within the AG-1 (Agricultural district), standards for freestanding signs are as follows: 663 1. 664 One maximum 32-square foot, freestanding sign per business or institutional 665 lot shall be permitted for each street on which the lot has frontage. 666 2. 667 One maximum 32-square foot, freestanding sign or two single-faced 668 freestanding signs not to exceed 16 square feet each, shall be permitted for 669 each side of a platted single-family subdivision entrance. 670 3. 671 Freestanding signs shall have a maximum height of six feet from finished 672 grade. If freestanding signs are illuminated, the light shall come from external 673 sources which shall be screened from view with evergreen plantings as 674 approved by Director. Signs shall not have changeable copy. 675 676 b. Other signage 677 1. 678 Each residence may display up to 12 square feet of signage with no single sign 679 greater than four square feet. 680 2. 681 Each development may post one banner, maximum 24 square feet, maximum 682 5 feet tall, for a maximum of 40 days, during graduation season (from May 1st 683 to June 15th). A permit is not required. 684 685 c. 686 Flags. 687 688 Each development may display no more than three flagpoles, and in addition, each 689 single family detached residential lot within each development may display not more 690 than one flag and flagpole. Each flagpole is allowed one flag. In non-residential 691 districts, the flagpole shall not exceed the maximum allowed building height. In 692 residential districts, the maximum height of the flagpole shall be 25 feet. The length of 693 the flag shall not exceed 1/4th the length of the flag pole. The size of the flag shall be 694 calculated accordingly. 695 696 (3) 697 Single-family residential, CUP and NUP districts. Within the single-family residential, CUP and 698 NUP districts, standards for signs are as follows: 699 700 a. Freestanding signs. 701 702 1. 703 One maximum 32-square foot, freestanding sign per business or institutional 704 lot shall be permitted for each street on which the lot has frontage. 705 2. 706 One maximum 32-square foot, freestanding sign or two single-faced 707 freestanding signs not to exceed 16 square feet each, shall be permitted for 708 each side of a platted single-family subdivision entrance. 709 3. 710 Freestanding signs shall have a maximum height of six feet from finished 711 grade, and may be externally illuminated, the light shall be screened from 712 view with evergreen plantings as approved by the Director, and shall not have 713 changeable copy. 714 b. 715 Other signage. 716 1. 717 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 15 of 55 Each residence may display up to 12 square feet of signage with no single 718 sign greater than four square feet. 719 2. 720 Each development may post one banner, maximum 24 square feet, maximum 721 5 feet tall, for a maximum of 40 days, during graduation season (from May 1st 722 to June 15th). A permit is not required. 723 c. Flags. 724 Each development may display no more than three flagpoles, and in addition, each 725 single family detached residential lot within each development may display not more 726 than one flag and flagpole. Each flagpole is allowed one flag. In non-residential 727 districts, the flagpole shall not exceed the maximum allowed building height. In 728 residential districts, the maximum height of the flagpole shall be 25 feet. The length of 729 the flag shall not exceed 1/4th the length of the flag pole. The size of the flag shall be 730 calculated accordingly. 731 732 (4) 733 Apartment and townhouse residential districts. 734 Within the apartment and townhouse residential districts, standards for signs are as 735 follows: 736 737 a. Freestanding signs. 738 1. 739 One freestanding sign per right-of-way frontage shall be permitted, and it shall 740 be located at a project entrance. 741 2. 742 Maximum height shall be six feet from finished grade. 743 3. 744 The maximum size shall be 32 square feet. 745 4. 746 Freestanding signs shall not have changeable copy. 747 5. 748 Freestanding signs may be externally lighted. The light shall be screened from 749 view with evergreen plantings as approved by the Director. 750 6. 751 The freestanding sign structure shall be constructed of the same material as 752 the predominant material of the principal building. 753 7. 754 Sign faces shall be made out of wood or other material which has the 755 appearance of carved, distressed, or sandblasted wood as approved by the 756 Director. 757 758 b. 759 Other signage. 760 761 1. 762 Each residence may display up to 12 square feet of signage with no single 763 sign greater than four square feet. 764 2. 765 Each development may post one banner, maximum 24 square feet, maximum 766 5 feet tall, for a maximum of 40 days, during graduation season (from May 1st 767 to June 15th). A permit is not required. 768 c. 769 Flags. 770 771 Each development may display no more than three flagpoles. Each flagpole is allowed 772 one flag. In non-residential districts, the flagpole shall not exceed the maximum allowed 773 building height. In residential districts, the maximum height of the flagpole shall be 25 774 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 16 of 55 feet. The length of the flag shall not exceed 1/4th the length of the flag pole. The size of 775 the flag shall be calculated accordingly. 776 (5) 777 O-I districts. Within the office-institutional districts, standards for signs are as follows: 778 a. 779 Billboards. 780 1. 781 Along, and oriented toward, state-numbered primary routes or national 782 highways only; 783 2. 784 At least 500 feet from all residential or AG-1 zoning districts; 785 3. 786 Minimum 50-foot setback from right-of-way; 787 4. 788 Minimum of 1,500 feet from any other billboards or freestanding sign, except 789 standard informational signs; 790 5. 791 The lot on which the billboard is located shall have sufficient area to 792 accommodate the fall zone, and except for the sign, no parking areas, 793 pedestrian areas, roadways, buildings, structures, or appurtenances shall be 794 contained in the fall zone; 795 6. 796 Maximum of 12 feet in height. 797 798 b. 799 Freestanding signs. 800 1. 801 There may be one freestanding sign per right-of-way frontage, and it shall be 802 located at a project entrance. 803 2. 804 Maximum height shall be six feet from finished grade. 805 3. 806 The maximum size shall be 32 square feet. 807 4. 808 Signs shall not have changeable copy. 809 5. 810 Signs may be externally lighted. The light shall be screened from view with 811 evergreen plantings as approved by the community development department 812 director. 813 6. 814 The freestanding sign structure shall be constructed of the same material as 815 the predominant material of the principal building. 816 817 818 819 7. 820 Sign faces shall be made out of wood or other material which has the 821 appearance of carved, distressed, or sandblasted wood as approved by the 822 Director. 823 824 c. 825 Wall signs. 826 1. 827 Businesses may have no more than two wall signs. Single tenant buildings 828 and end units of multi tenant buildings may have an additional wall sign. 829 2. 830 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 17 of 55 One sign shall be flush against the wall. The maximum size shall be 12 831 square feet. 832 3. 833 A second sign, if used, shall be perpendicular to the wall. The maximum size 834 shall be two square feet. 835 4. 836 Signs shall be one unit as opposed to individually mounted letters. 837 5. 838 Wall signs shall not have changeable copy. 839 840 6. 841 If illuminated, signs may be externally lighted and directed downward. 842 7. 843 Wall sign shall not cover architectural features or details and not extend 844 beyond the roof line or outer edges of the building. 845 8. 846 Sign faces shall be made out of wood or other material which has the 847 appearance of carved, distressed, or sandblasted wood as approved by the 848 community development department director. 849 850 d. 851 Grand opening event signage. 852 853 Signs for Grand Opening events are permitted for any new or relocated business according 854 to the following standards: 855 856 The grand opening event is allowed within two months of the issuance of the certificate of 857 occupancy. A special event permit must be obtained from the Community Development 858 Department prior to conducting the Grand Opening Event. 859 860 1. The special event permit for a grand opening is valid for a period of 48 hours. 861 2. Signage 862 a. One banner shall be allowed for a Grand Opening event, which shall not 863 exceed twenty four square feet in area. (See Section 64-2303.1.b). A 864 separate permit is required for this banner. 865 b. One 4 square foot temporary sign is allowed. 866 3. A temporary tent may be used in conjunction with a Grand Opening special event 867 permit. The Fire Marshal’s sign off must be obtained on the Special Event Permit 868 for the use of the tent. 869 4. One inflatable device is allowed, within the event footprint, with a maximum size of 870 two thousand (2,000) cubic feet, and a maximum height of twenty (20) feet. The 871 vendor or owner of the inflatable must indicate the method of inflation, chemicals 872 used, sign a hold harmless agreement and provide evidence of liability insurance. 873 5. One search light or similar device is allowed. The light must be diminished by 874 11:00pm. 875 6. Temporary outside display of merchandise is permitted for a grand opening event. 876 a. Such display shall be located next to the building entrance door, provided 877 a minimum 36 inch clear and unobstructed walkway is maintained. 878 b. Any display not brought inside of the business at close of business day is 879 considered outdoor storage and is prohibited. 880 e. Flags. Each development may display no more than three flagpoles.. Each flagpole is 881 allowed one flag. In non-residential districts, the flagpole shall not exceed the maximum 882 allowed building height. In residential districts, the maximum height of the flagpole shall 883 be 25 feet. The length of the flag shall not exceed 1/4th the length of the flag pole. The 884 size of the flag shall be calculated accordingly. 885 886 (6) 887 Mixed-use districts. Within the mixed-use districts, standards for signs are as follows: 888 a. 889 Freestanding signs. 890 1. 891 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 18 of 55 There may be one freestanding sign per right-of-way frontage, and it shall be 892 located at a project entrance. 893 2. 894 Maximum height shall be six feet. 895 3. 896 The maximum size shall be 32 square feet. 897 4. 898 Signs shall not have changeable copy. 899 5. 900 Signs may be externally lighted. The light shall be screened from view with 901 evergreen plantings as approved by the community development department 902 director. 903 6. 904 The freestanding sign structure shall be constructed of the same material as 905 the predominant material of the principal building. 906 7. 907 Sign faces shall be made out of wood or other material which has the 908 appearance of carved, distressed, or sandblasted wood as approved by the 909 Director. 910 b. 911 Wall signs. 912 1. 913 Businesses may have no more than two wall signs. Single tenant buildings 914 and end units of multi tenant buildings may have an additional wall sign. 915 2. 916 One sign shall be flush against the wall. The maximum size shall be 12 917 square feet. 918 3. 919 A second sign, if used, shall be perpendicular to the wall. The maximum size 920 shall be two square feet. 921 4. 922 Signs shall be one unit as opposed to individually mounted letters. 923 5. 924 Wall signs shall not have changeable copy. 925 6. 926 If illuminated, signs may be externally lighted and directed downward. 927 7. 928 Wall signs shall not cover architectural features or details and not extend 929 beyond the roof line or outer edges of the building. 930 8. 931 Sign faces shall be made out of wood or other material which has the 932 appearance of carved, distressed, or sandblasted wood as approved by the 933 Director. 934 935 c. 936 Grand opening event signage. 937 938 Signs for Grand Opening events are permitted for any new or relocated business according 939 to the following standards: 940 941 The grand opening event is allowed within two months of the issuance of the certificate of 942 occupancy. A special event permit must be obtained from the Community Development 943 Department prior to conducting the Grand Opening Event. 944 945 1. The special event permit for a grand opening is valid for a period of 48 hours. 946 2. Signage 947 a. One banner shall be allowed for a Grand Opening event, which shall not 948 exceed twenty four square feet in area. (See Section 64-2303.1.b). A 949 separate permit is required for this banner. 950 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 19 of 55 b. One 4 square foot temporary sign is allowed. 951 7. A temporary tent may be used in conjunction with a Grand Opening specia l event 952 permit. The Fire Marshal’s sign off must be obtained on the Special Event Permit 953 for the use of the tent. 954 8. One inflatable device is allowed, within the event footprint, with a maximum size of 955 two thousand (2,000) cubic feet, and a maximum height of twenty (20) feet. The 956 vendor or owner of the inflatable must indicate the method of inflation, chemicals 957 used, sign a hold harmless agreement and provide evidence of liability insurance. 958 9. One search light or similar device is allowed. The light must be diminished by 959 11:00pm. 960 10. Temporary outside display of merchandise is permitted for a grand opening event. 961 a. Such display shall be located next to the building entrance door, provided 962 a minimum 36 inch clear and unobstructed walkway is maintained. 963 b. Any display not brought inside of the business at close of business day is 964 considered outdoor storage and is prohibited. 965 966 967 d. 968 Other signage. 969 1. 970 Each residence may display up to 12 square feet of signage with no single 971 sign greater than four square feet. 972 2. 973 Each development may post one banner, maximum 24 square feet, maximum 974 5 feet tall, for a maximum of 40 days, during graduation season (from May 1st 975 to June 15th). A permit is not required. 976 977 e. 978 Flags. 979 980 Each development may display no more than three flagpoles and in addition, each 981 single family detached residential lot within each development may display not more 982 than one flag and flagpole. Each flagpole is allowed one flag. In non-residential 983 districts, the flagpole shall not exceed the maximum allowed building height. In 984 residential districts, the maximum height of the flagpole shall be 25 feet. The length of 985 the flag shall not exceed 1/4th the length of the flag pole. The size of the flag shall be 986 calculated accordingly. 987 (7) 988 Commercial and Industrial Park districts (M-1A). Within the commercial and industrial park 989 districts, standards for signs are as follows: 990 a. 991 Billboards. Within commercial (C-1) and industrial park (M-1A) districts, 992 1. 993 Along, and oriented toward, state-numbered primary routes or national 994 highways only; 995 2. 996 At least 500 feet from all residential or AG-1 zoning districts; 997 3. 998 Minimum 50-foot setback from right-of-way; 999 4. 1000 Minimum of 1,500 feet from any other billboards or freestanding sign, except 1001 standard informational signs; 1002 1003 5. 1004 The lot on which the billboard is located shall have sufficient area to 1005 accommodate the fall zone, and except for the sign, no parking areas, 1006 pedestrian areas, roadways, buildings, roadways, structures, or 1007 appurtenances shall be contained in the fall zone; 1008 6. 1009 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 20 of 55 Maximum of 12 feet in height; and 1010 7. 1011 In compliance with applicable height standards for the district in which 1012 located. 1013 b. 1014 Freestanding signs. 1015 1. 1016 There may be one freestanding sign per right-of-way frontage, and it shall be 1017 located at a project entrance. 1018 2. 1019 Maximum height shall be six feet from finished grade. 1020 3. 1021 The maximum size shall be 32 square feet. 1022 4. 1023 Signs shall not have changeable copy. 1024 5. 1025 Sign may be externally lighted. The light shall be screened from view with 1026 evergreen plantings as approved by the community development department 1027 director. 1028 6. 1029 The freestanding sign structure shall be constructed of the same material as 1030 the predominant material of the principal building. 1031 7. 1032 Sign faces shall be made out of wood or other material which has the 1033 appearance of carved, distressed, or sandblasted wood as approved by the 1034 Director. 1035 1036 c. 1037 Wall signs. 1038 1. 1039 Businesses may have no more than two wall signs. Single tenant buildings 1040 and end units of multi tenant buildings may have one additional wall sign. 1041 2. 1042 One sign shall be flush against the wall. The maximum size shall be 12 1043 square feet or three percent of the wall area. 1044 3. 1045 The second sign, if used, shall be perpendicular to the wall. The maximum 1046 size shall be two square feet. 1047 4. 1048 Signs shall be one unit as opposed to individually mounted letters. 1049 5. 1050 Wall signs shall not have changeable copy. 1051 6. 1052 If illuminated, signs may be externally lighted and directed downward. 1053 7. 1054 Wall signs shall not cover architectural features or details and not extend 1055 beyond the roof line or outer edges of the building. 1056 8. 1057 Sign faces shall be made out of wood or other material which has the 1058 appearance of carved, distressed, or sandblasted wood as approved by the 1059 Director. 1060 1061 d. 1062 Grand opening event signs. 1063 1064 Signs for Grand Opening events are permitted for any new or relocated business according 1065 to the following standards: 1066 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 21 of 55 1067 The grand opening event is allowed within two months of the issuance of the certificate of 1068 occupancy. A special event permit must be obtained from the Community Development 1069 Department prior to conducting the Grand Opening Event. 1070 1071 3. The special event permit for a grand opening is valid for a period of 48 hours. 1072 4. Signage 1073 a. One banner shall be allowed for a Grand Opening event, which shall not 1074 exceed twenty four square feet in area. (See Section 64-2303.1.b). A 1075 separate permit is required for this banner. 1076 b. One 4 square foot temporary sign is allowed. 1077 11. A temporary tent may be used in conjunction with a Grand Opening specia l event 1078 permit. The Fire Marshal’s sign off must be obtained on the Special Event Permit 1079 for the use of the tent. 1080 12. One inflatable device is allowed, within the event footprint, with a maximum size of 1081 two thousand (2,000) cubic feet, and a maximum height of twenty (20) feet. The 1082 vendor or owner of the inflatable must indicate the method of inflation, chemicals 1083 used, sign a hold harmless agreement and provide evidence of liability insurance. 1084 13. One search light or similar device is allowed. The light must be diminished by 1085 11:00pm. 1086 14. Temporary outside display of merchandise is permitted for a grand opening event. 1087 a. Such display shall be located next to the building entrance door, provided 1088 a minimum 36 inch clear and unobstructed walkway is maintained. 1089 Any display not brought inside of the business at close of business day is 1090 considered outdoor storage and is prohibited. 1091 e. 1092 Flags. 1093 Each development may display no more than three flagpoles. Each flagpole is allowed one 1094 flag. In non-residential districts, the flagpole shall not exceed the maximum allowed 1095 building height. In residential districts, the maximum height of the flagpole shall be 25 feet. 1096 The length of the flag shall not exceed 1/4th the length of the flag pole. The size of the flag 1097 shall be calculated accordingly. 1098 1099 (8) 1100 Industrial districts. Within industrial districts, standards for signs are as follows: 1101 a. 1102 Billboards. Within industrial districts (M-1 and M-2), 1103 1. 1104 Along, and oriented toward, state-numbered primary routes or national 1105 highways only; 1106 2. 1107 At least 500 feet from all residential or AG-1 zoning districts; 1108 3. 1109 Minimum 50-foot setback from right-of-way; 1110 4. 1111 Minimum of 1,500 feet from any other billboards or freestanding sign, except 1112 standard informational signs; 1113 5. 1114 The lot on which the billboard is located shall have sufficient area to 1115 accommodate the fall zone, and except the sign, no parking areas, pedestrian 1116 areas, roadways, buildings, structures, or appurtenances shall be contained in 1117 the fall zone; 1118 6. 1119 Maximum of 12 feet in height; and 1120 7. 1121 In compliance with applicable height standards for the district in which 1122 located. 1123 b. 1124 Freestanding signs. 1125 1126 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 22 of 55 1. 1127 There may be one freestanding sign per right-of-way frontage, and it shall be 1128 located at a project entrance. 1129 2. 1130 Maximum height shall be six feet from finished grade. 1131 3. 1132 The maximum size shall be 32 square feet. 1133 4. 1134 Signs shall not have changeable copy. 1135 5. 1136 Signs may be externally lighted. The light shall be screened from view with 1137 evergreen planting as approved by the Director. 1138 6. 1139 The freestanding sign structure shall be constructed of the same material as 1140 the predominant material of the principal building. 1141 7. 1142 Sign faces shall be made out of wood or other material which has the 1143 appearance of carved, distressed, or sandblasted wood as approved by the 1144 Director. 1145 c. 1146 Walls signs. 1147 1. 1148 Businesses may have no more than two wall signs. Single tenant buildings 1149 and end units of multi tenant buildings may have one additional wall sign. 1150 2. 1151 One sign shall be flush against the wall. The maximum size shall be 12 1152 square feet. 1153 3. 1154 The second sign, if used, shall be perpendicular to the wall. The maximum 1155 size shall be two square feet. 1156 4. 1157 Signs shall be one unit as opposed to individually mounted letters. 1158 5. 1159 Wall signs shall not have changeable copy. 1160 6. 1161 If illuminated, signs may be externally lighted and directed downward. 1162 7. 1163 Wall signs shall not cover architectural features or details and not extend 1164 beyond the roof line or outer edges of the building. 1165 8. 1166 Sign faces shall be made out of wood or other material which has the 1167 appearance of carved, distressed, or sandblasted wood as approved by the 1168 Director. 1169 d. 1170 Flags. 1171 1172 Each development may display no more than three flagpoles. Each flagpole is allowed one 1173 flag. In non-residential districts, the flagpole shall not exceed the maximum allowed 1174 building height. In residential districts, the maximum height of the flagpole shall be 25 feet. 1175 The length of the flag shall not exceed 1/4th the length of the flag pole. The size of the flag 1176 shall be calculated accordingly. 1177 1178 (9) 1179 Mobile home park districts. Within mobile home park districts, standards for signs are as follows: 1180 a. 1181 Freestanding signs. 1182 1. 1183 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 23 of 55 There may be one freestanding sign per right-of-way frontage, and it shall be 1184 located at a project entrance. 1185 2. 1186 Maximum height shall be six feet from finished grade. 1187 3. 1188 The maximum size shall be 32 square feet. 1189 4. 1190 Signs shall not have changeable copy. 1191 5. 1192 Signs may be externally lighted. The light shall be screened from view with 1193 evergreen plantings as approved by the community development department 1194 director. 1195 6. 1196 The freestanding sign structure shall be constructed of the same material as 1197 the predominant material of the principal building. 1198 7. 1199 Sign faces shall be made out of wood or other material which has the 1200 appearance of carved, distressed, or sandblasted wood as approved by the 1201 Director. 1202 8. 1203 Each residence may display up to 12 square feet of signage with no single 1204 sign greater than four square feet. 1205 b. 1206 Other signage. 1207 1. 1208 Each development may display up to 12 square feet of signage with no single 1209 sign greater than four square feet. 1210 2. 1211 Each development may post one banner, maximum 24 square feet, maximum 1212 5 feet tall, for a maximum of 40 days, during graduation season (from May 1st 1213 to June 15th). A permit is not required. 1214 1215 c. Flags. 1216 1217 Each development may display no more than three flagpoles, and in addition, each single 1218 family detached residential lot within each development may display not more than one flag 1219 and flagpole. . Each flagpole is allowed one flag. In non-residential districts, the flagpole 1220 shall not exceed the maximum allowed building height. In residential districts, the 1221 maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed 1222 1/4th the length of the flag pole. The size of the flag shall be calculated accordingly. 1223 . 1224 1225 1226 (Ord. No. 09-04-40, art. 33, § 25 , 4-27-2009) 1227 Secs. 64-2304—64-2322. - Reserved. 1228 1229 DIVISION 4. - OVERLAY DISTRICTS 1230 1231 Sec. 64-2323. - This division takes precedence. 1232 Sec. 64-2324. - State Route 9 Overlay District signs. 1233 Sec. 64-2325. - Crabapple Crossing Overlay District signs. 1234 Sec. 64-2326. - Birmingham Crossing Overlay District signs. 1235 1236 1237 Sec. 64-2323. - This division takes precedence. 1238 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 24 of 55 The standards and requirements of this division shall take precedence over citywide standards and 1239 requirements within the boundaries of the given overlay district. 1240 (Ord. No. 09-04-40, art. 33, § 26 , 4-27-2009) 1241 Sec. 64-2324. - State Route 9 Overlay District signs. 1242 In the State Route 9 Overlay District the following signage standards shall apply: 1243 (a) 1244 All freestanding signs shall be monuments with the width of the base equal to the width of the sign face. 1245 The structure and base should match the principal building materials. 1246 (b) 1247 Multi tenant developments are allowed one primary monument for the overall development which shall 1248 not exceed a maximum surface area of 48 square feet and a maximum height of 12 feet. 1249 (c) 1250 Multi tenant developments on corner lots are allowed an additional monument sign on the secondary 1251 street at the project entrance which shall not exceed a maximum surface area of 24 square feet and a 1252 maximum height of four feet. 1253 (d) 1254 For multi tenant retail, commercial, office, or institutional developments: 1255 1. Each tenant is allowed one, maximum 24 square foot banner, per the time limits stated in 1256 Section 64-2303. 1257 2. The banner shall be placed on the tenant’s storefront or wall space. 1258 3. If building location renders installation on the wall not visible from the road, an administrative 1259 variance may be applied for to allow the banner to be installed on the ground. The variance 1260 shall condition the banner placement to a specific location on the development. 1261 i.) All ground mounted banners shall be installed on a PVC frame, or its equivalent. 1262 ii.) If the banner is required to be placed behind a fence, the banner shall have a 1263 maximum height of 12 feet. 1264 4. No more than four ground mounted banners may be displayed in a zoned development at one 1265 time. 1266 1267 (e) 1268 Single tenant sites and outparcels are limited to one monument which shall not exceed a maximum 1269 surface area of 32 square feet and a maximum height of six feet. 1270 (f) 1271 Gas stations, convenience stores, discount warehouses and similar facilities that sell gasoline may have 1272 an additional 24 square feet of surface area and not to exceed six feet in height. 1273 (g) 1274 Two or more businesses that share a single tenant space are limited to one monument sign, which shall 1275 not exceed a maximum surface area of 32 square feet and a maximum height of six feet. 1276 (h) 1277 Monument signs shall be set back a minimum ten feet from the public right-of-way and shall be a 1278 minimum of 35 feet from any other identification monument. 1279 (i) 1280 Each place of business is allowed a maximum of two wall signs. 1281 (j) 1282 Wall signs shall face public streets and pedestrian parking areas. 1283 (k) 1284 Wall signs shall not exceed 100 square feet or five percent of the applicable wall a rea, whichever is less. 1285 The length of the sign shall not exceed ten times the height of the sign. The area of the doors and 1286 spandrel glass panels are excluded from the calculation of the applicable sign area 1287 (l) 1288 Permanent and temporary signs in windows shall not exceed twenty percent of each window. . No 1289 window signs are allowed in clerestory windows. In no case shall window signs exceed 10 percent of the 1290 elevation. 1291 (m) 1292 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 25 of 55 The following information may be permanently displayed in windows or glass doors and is exempt from 1293 the twenty percent limit: street address, required to be posted by local, state or federal governments. The 1294 lettering for this information shall be four inches tall or as required by fire prevention code. Also exempt 1295 are store hours and security information. 1296 1297 (n) 1298 1299 Notwithstanding the prohibitions contained in subsection (r) below, each commercial establishment shall 1300 be entitled to a maximum of two internally illuminated window signs. If the establishment has a single 1301 internally illuminated window sign, the sign may be a maximum of four square feet in size and may be 1302 neon or LED illumination. If the establishment has two internally illuminated window signs, neither sign 1303 may be larger than two square feet in size and only one may be neon or LED, while the second may be 1304 of other illumination. All internally illuminated window signs shall be positioned on the interior as a 1305 window sign, not more than ten feet from the floor, with at least one sign being not more than five feet 1306 from the main public entrance to the commercial establishment. None of the internally illuminated 1307 window signs may blink, flash, fluctuate or be animated in any way. Internally illuminated window sings 1308 may only be illuminated during the time the commercial establishment is open to the public for business. 1309 Any sign on or within 5 feet of a window is considered a window sign for purposes of application of this 1310 Section. 1311 (o) 1312 Wall signs shall be flush against the wall, not cover architectural features or details, and not extend 1313 beyond the roof line or outer edges of the building. 1314 (p) 1315 Awnings and canopy signs with names are considered signs and may be substituted for monument or 1316 wall signs. If substituted, they shall be included in the maximum size calculations. 1317 (q) 1318 The architectural color standards of the district apply only to the sign structure not to the sign face. See 1319 the following table. 1320 1321 1322 1323 1324 1325 1326 1327 1328 1329 Permitted Colors for Sign Structure The following numbers refer to the Pantone Matching System, an international color matching system White Reds 168C, 181C, 483C, 484C, 675C, 1685C, 4975C Browns, Beiges and Tans 462C to 468C; 4625C to 4685C, 469C, 474C, 475C; 4695C to 4755C 478C, 719C to 724C 725C to 731C 476U to 482U 719U to 725U 726U to 732U Red-Browns 1154U, 1395 1405U RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 26 of 55 1330 1331 (r) 1332 The following types of signs are prohibited: 1333 (1) 1334 a) posters, placards 1335 b) blinking, rotating, projecting, flashing, fluctuating or otherwise animated 1336 c) pylon, pole, lollypop 1337 d) roof, marquee 1338 e) portable, attached to vehicles 1339 f) sandwich, a-frame 1340 g) changeable copy signs 1341 h) electronic/manual reader boards, changeable copy 1342 i) internally illuminated window signs (except as allowed in Section 64-2324(n)) 1343 (2) 1344 Vehicles with lettering or graphics greater than two inches in height identifying or promoting a 1345 business or commercial activity shall not be parked or store d within 100 feet of the curb of any 1346 public right-of-way. This standard does not apply to vehicles used regularly for delivery, pick-1347 ups, service calls, or transporting customers, except that such vehicles shall not be parked 1348 within 50 feet of the curb of any public right-of-way after hours if the vehicles are visible from the 1349 public right-of-way. 1350 (s) 1351 Wall signs may be internally illuminated. 1352 1353 (t) 1354 Monument signs shall be externally illuminated. 1355 1356 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 27 of 55 1357 STATE ROUTE 9 OVERLAY DISTRICT MAP. 1358 (Ord. No. 09-04-40, art. 33, § 26.1, 4-27-2009) 1359 ..... 1360 1361 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 28 of 55 1362 Sec. 64-2325. - Crabapple Crossing Overlay District signs. 1363 In the Crabapple Crossroads Overlay District the following signage standards shall apply: 1364 (a) 1365 Freestanding signs. 1366 (1) 1367 All freestanding signs must meet the following standards: 1368 a. 1369 Signs shall not have changeable copy including, but not limited to, scrolling, rotating, 1370 flashing, and computerized changeable copy. Theatres, schools, churches, parks and 1371 gas stations may have changeable copy that is changed manually. 1372 b. 1373 If illumination is used, the sign shall be externally illuminated. The light shall be 1374 screened from view with evergreen plantings as approved by the community 1375 development department director. 1376 c. 1377 The sign structure shall be constructed of wood, brick or stone or a material which has 1378 the appearance of wood, brick, or stone as approved by the community development 1379 department director and to the extent possible shall be the same material as the 1380 predominant material of the principal building. 1381 d. 1382 The sign face and sign letters shall be made out of wood, a material which has the 1383 appearance of carved, distressed, or sandblasted wood or stone as approved by the 1384 community development department director. Plastic inserts are prohibited. 1385 e. 1386 The sign may be supported either on one side or on both sides (i.e., shingle sign). 1387 1388 1389 1390 1391 1392 1393 1394 1395 1396 1397 1398 1399 1400 1401 1402 1403 1404 1405 1406 1407 1408 1409 1410 1411 1412 1413 1414 1415 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 29 of 55 1416 1417 (2) 1418 For nonresidential multi tenant building and developments, freestanding signs must meet the 1419 following standards: 1420 1421 1422 a. 1423 The maximum height shall be eight feet from finished grade. 1424 b. 1425 The maximum size of the sign area shall be 32 square feet. 1426 c. 1427 There may be one sign per right-of-way frontage and it shall be located at a project 1428 entrance. 1429 1430 (3) 1431 For nonresidential single tenant buildings, freestanding signs must meet the following standards: 1432 1433 a. 1434 Maximum height shall be six feet from finished grade. 1435 b. 1436 The maximum size of the sign area shall be 20 square feet. 1437 c. 1438 There may be one sign per right-of-way frontage, and it shall be located at a project 1439 entrance. 1440 (4) 1441 For residential uses, freestanding signs must meet the following standards: 1442 a. 1443 Maximum height shall be six feet from finished grade. 1444 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 30 of 55 b. 1445 Each residential development may have a maximum of two, 12 square foot 1446 freestanding signs, which shall not exceed a total of 24 square feet, or one 16 square 1447 foot sign, per entrance. 1448 (b) 1449 Wall signs must meet the following standards: 1450 (1) 1451 Wall signs shall not have changeable copy. 1452 (2) 1453 If illuminated, wall signs shall be externally illuminated and directed downward. 1454 (3) 1455 Wall sign shall not cover architectural features or details and not extend beyond the roof line. 1456 Wall signs can hang from the building. 1457 (4) 1458 Wall sign faces shall be made out of wood or other material which has the appearance of 1459 carved, distressed, or sandblasted wood as approved by the Director. 1460 (5) 1461 A business may have one wall sign. The sign can be flush against the wall or it can hang from 1462 the building. The size shall be three percent of the applicable wall area. The area of the doors 1463 and spandrel glass panels are excluded from the calculation of the applicable sign area 1464 (6) 1465 Single tenant buildings and end units of multi tenant buildings may have an additional wall sign. 1466 Businesses whose primary entrance faces an interior parking lot or courtyard may have an 1467 additional wall sign. The size for either of these signs shall be three percent of the applicable 1468 wall area. 1469 (7) 1470 A business may have an additional sign perpendicular to the wall with a maximum sign area 1471 size of four square feet. 1472 1473 1474 1475 1476 (c) Other signage 1477 (1) 1478 Permanent and temporary signs in windows shall not exceed twenty percent of each window.. No 1479 window signs are allowed in clerestory windows. In no case shall window signs exceed 10 1480 percent of the elevation. 1481 1482 Notwithstanding the prohibitions contained in subsection (r) below, each commercial 1483 establishment shall be entitled to a maximum of two internally illuminated window signs. If the 1484 establishment has a single internally illuminated window sign, the sign may be a maximum of 1485 four square feet in size and may be neon or LED illumination. If the establishment has two 1486 internally illuminated window signs, neither sign may be larger than two square feet in size and 1487 only one may be neon or LED, while the second may be of other illumination. All internally 1488 illuminated window signs shall be position on the interior as a window sign, not more than ten 1489 feet from the floor, with at least one sign being not more than five feet from the main public 1490 entrance to the commercial establishment. None of the internally illuminated window signs may 1491 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 31 of 55 blink, flash, fluctuate or be animated in any way. Internally illuminated window signs may only be 1492 illuminated during the time the commercial establishment is open to the public for business. 1493 (2) A business may have one sandwich board sign. Sign shall be: 1494 a) single or double faced 1495 b) metal or wood framed (no plastic) 1496 c) black or green, chalkboard type face 1497 d) located per ADA compliance (minimum 36 inches from the building); no more than 10 feet 1498 from building 1499 e) located so as not to impede pedestrian or vehicular traffic 1500 f) not placed in tree island or landscape strip 1501 g) maximum height of four feet, six square feet per panel 1502 h) brought inside at the close of business 1503 1504 (d) 1505 Sign structure colors. Permitted colors for Crabapple Crossroads sign structures shall be limited to those 1506 listed in the table below. 1507 1508 (e) 1509 The following types of signs are prohibited: 1510 1. monument 1511 2. pylon, pole, lollypop, projecting signs 1512 3. roof, marquee 1513 4. electronic or manual reader boards, changeable copy signs 1514 5. any sign that rotates, flashes, blinks, scrolls, fluctuates, or is in any other way animated 1515 6. portable, excluding sandwich signs 1516 7. posters, placards 1517 1518 Permitted Colors for Sign Structure The following numbers refer to the Pantone Matching System, an international color matching system 1807C 2C-7C 289C 316C 401-405C 407-412C 423C 424-425C 448-450C 4485U 4495C 451C 4505C 4515-4525C 455C 462U 464U 476U 478U 484C 4491C 497 553 5536 539 548 5467 5743U 5747U 5757U 5773U 5815U 5835 625U 627U Warm Grey 5-7C Warm Grey 8-11 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 32 of 55 1519 CRABAPPLE CROSSROADS OVERLAY DISTRICT MAP. 1520 (Ord. No. 09-04-40, art. 33, § 26.2, 4-27-2009) 1521 1522 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 33 of 55 Sec. 64-2326. - Birmingham Crossing Overlay District signs. 1523 In the Birmingham Crossroads Overlay district, the following sign standards shall apply: 1524 (a) 1525 Freestanding signs. 1526 (1) 1527 All freestanding signs must meet the following standards: 1528 a. 1529 Signs shall not have changeable copy, including scrolling, rotating, flashing, and 1530 computerized changeable copy. 1531 b. 1532 If illumination is used, the sign shall be externally illuminated. The li ght shall be 1533 directed downwards. 1534 c. 1535 The sign structure shall be constructed of wood, brick or stone and to the extent 1536 possible, shall be the same material as the predominant material of the principal 1537 building. 1538 d. 1539 The sign face shall be made out of wood, a material which has the appearance of 1540 carved, distressed, or sandblasted wood, or stone, as approved by the Director. Plastic 1541 inserts are prohibited. 1542 e. 1543 The sign may be supported either on one side or on both sides (i.e., shingle sign). 1544 (2) 1545 For nonresidential multi tenant building and developments, freestanding signs must meet the 1546 following standards: 1547 1548 1549 a. 1550 The maximum height shall be eight feet from finished grade. 1551 b. 1552 The maximum size of the sign area shall be 32 square feet. 1553 c. 1554 There may be one freestanding sign per right-of-way frontage. 1555 (3) 1556 For nonresidential single tenant buildings, freestanding signs must meet the following standards: 1557 1558 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 34 of 55 a. 1559 Maximum height shall be six feet from finished grade. 1560 b. 1561 The maximum size of the sign area shall be 20 square feet. 1562 c. 1563 There may be one freestanding sign per right-of-way frontage. 1564 (4) 1565 For residential uses, freestanding signs must meet the following standards: 1566 a. 1567 Maximum height shall be six feet from finished grade. 1568 b. 1569 The maximum size shall be 16 square feet. 1570 c. 1571 Each residential development may have a maximum of one sign per entrance. 1572 (b) 1573 Wall signs. 1574 (1) 1575 Wall signs shall not have changeable copy. 1576 (2) 1577 If illuminated, wall signs shall be externally illuminated, with the lighting directed downward. 1578 (3) 1579 Wall sign shall not cover architectural features or details and not extend beyond the roof line. 1580 (4) 1581 Wall sign faces shall be made out of wood or other material which has the appearance of 1582 carved, distressed, or sandblasted wood as approved by the community development 1583 department director. 1584 (5) 1585 A business may have one wall sign. The sign can be flush against the wall or it can hang from 1586 the building. The size shall be three percent of the applicable wall area. The area of the doors 1587 and spandrel glass panels are excluded from the calculation of the applicable sign area. 1588 (6) 1589 Single tenant buildings and end units of multi tenant buildings may have an additional wall sign. 1590 Businesses whose primary entrance faces an interior parking lot or courtyard may have an 1591 additional wall sign. The size for either of these signs shall be three percent of the applicable 1592 wall area. 1593 1594 (7) 1595 A business may have an additional sign, perpendicular to the wall, with a maximum sign area 1596 size of four square feet. 1597 1598 1599 1600 1601 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 35 of 55 (7) 1602 A portion of the wall sign can be placed on an overhang or a canopy. 1603 1604 (c) 1605 Other signage 1606 1607 (1) 1608 Permanent and temporary signs in windows shall not exceed twenty percent of each window, 1609 and shall not block visibility from outside the store. . No window signs are allowed in clerestory 1610 windows. In no case shall window signs exceed 10 percent of the elevation. Internally 1611 illuminated window signs are prohibited. 1612 1613 (2) A business may have one sandwich board sign. Sign shall be: 1614 a) single or double faced 1615 b) metal or wood framed (no plastic) 1616 c) black or green, chalkboard type 1617 d) location shall be ADA compliant (minimum 36 inches from the building); no more than 10 1618 feet from building 1619 e) not allowed to impede pedestrian or vehicular traffic 1620 f) not placed in tree island or landscape strip 1621 g) max height of four feet, six square feet per panel 1622 h) brought inside at the close of business 1623 1624 (d) 1625 Sign structure colors. Permitted colors for Birmingham Crossroads sign structures are limited to those 1626 listed below. 1627 1628 1629 1630 1631 1632 Permitted Colors for Sign Structure The following numbers refer to the Pantone Matching System, an international color matching system 1807C 2C-7C 289C 3316 401-405C 407-412C 412C 415-419C 423C 424-425C 448-450C 4485U 4495C 451C 4505C 4515-4525C 455C 462U 464U 476U 478U 484C 491C 4975 553 5363 539 548 5467 5743U 5747U 5757U 5773U 5815U 5835U 625U 627U Warm Grey 5-7C Warm Grey 8-11 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 36 of 55 1633 (e) 1634 The following types of signs are prohibited: 1635 1636 1. pylon, pole, lollypop, projecting signs 1637 2. monument signs 1638 3. roof, marquee signs 1639 4. electronic or manual reader boards, changeable copy signs 1640 5. any sign that rotates, flashes, blinks, scrolls, fluctuates, or is in any other way animated 1641 6. portable signs, excluding sandwich signs 1642 7. posters, placards 1643 8. internally illuminated wall signs 1644 1645 1646 BIRMINGHAM CROSSROADS OVERLAY DISTRICT MAP. 1647 (Ord. No. 09-04-40, art. 33, § 26.3, 4-27-2009) 1648 DIVISION 5. – OTHER SIGN REQUIREMENTS 1649 Sec. 64-2327.- Master Signage Plan. 1650 1651 Sec. 64-2327 – Master Signage Plan 1652 a. Purpose 1653 1654 1. A Master Signage Plan is an administrative permit which establishes standards (size, design, location, etc.) for all 1655 exterior signs associated with a multi tenant or multi building development. The master signage plan shall ensure 1656 long term aesthetic compatibility of signage throughout the development. The requirement of this Section shall be 1657 in addition to the Overlay signage requirements of the City of Milton. In the event of any conflict between this 1658 Section and the Overlay signage requirements, this Section shall prevail. 1659 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 37 of 55 1660 2. The goal of a Master Signage Plan is to: 1661 a) Adequately and effectively communicate business identity and type to the public; 1662 b) Promote consistency among signs within a development, thus creating visual harmony between signs, 1663 buildings, landscaping and other components of the property; 1664 c) Enhance the compatibility of signs with the architectural and site design features within a development; 1665 d) Encourage signage that is in character with planned and exi sting uses, thus creating a unique sense of place; 1666 e) Protect the community from sign clutter and visual blight resulting from excessive and redundant signs. 1667 1668 b. Applicability 1669 1. A Master Signage Plan is required for all new developments and newly zoned multiple tenant, commercial 1670 buildings, all multi building or multi occupant commercial or office developments, all mixed use developments, 1671 single family and multifamily developments. 1672 1673 c. Approval Authority 1674 1. A Master Signage Plan for a property that is undeveloped and does not require rezoning, shall be reviewed by the 1675 City of Milton Department of Community Development as part of the site plan review process, and must be approved 1676 by the Director. If the property requires rezoning or a use permit, it shall be reviewed as part of the rezoning/use 1677 permits process, and must be approved by the Mayor and City Council. 1678 A separate sign permit will be required for all non exempt signs (as indicated in the City of Milton sign ordinance). 1679 2. The Master Signage Plan shall utilize the types of signs described in this section to create a harmonious, consistent 1680 system of signage that improves the public safety within the development. 1681 1682 d. Application requirements 1683 A master signage plan application shall be a written and/or illustrated document to depict the proposed signs, 1684 which shall include the following: 1685 a) Proposed sign palette, which may include: 1686 1) Entryway signs 1687 2) Primary multi tenant freestanding signs 1688 3) Secondary multi tenant freestanding signs 1689 4) Single tenant/outparcel freestanding signs 1690 5) Office/industrial park project freestanding sign 1691 6) Residential development freestanding signs 1692 7) Secondary residential development freestanding signs 1693 8) Tenant directory freestanding signs 1694 9) Tenant directory wall signs 1695 10) Directional freestanding signs 1696 11) Temporary standard informational signs 1697 12) Real estate signs 1698 13) Temporary banners 1699 14) Signs during construction 1700 15) Wall signs 1701 16) Shingle/blade signs 1702 17) Window signs/graphics 1703 18) Awning/canopy signs 1704 19) Tenant informational signs 1705 b) Site plan, drawn to scale, of the entire development/area showing the location of all proposed signs included in 1706 the sign palette; 1707 c) Size and number of all proposed signs, including maximum area, letter height, number height, etc.; 1708 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 38 of 55 d) Color and style palette for all signs, including context of where signs are to be placed on any given façade; 1709 e) Type of illumination proposed (external, internal, etc.); 1710 f) Landscaping and/or ornamental structures including fences, fountains, public art, ground cover and other 1711 landscaping elements that are intended to complement the proposed sign palette and design; 1712 g) Site location map; 1713 h) Photos of property as it appears from the street; 1714 i) Any other information reasonably required by the Director. 1715 1716 e. Design Guidelines 1717 1718 1. The following sign design guidelines are designed to help ensure quality signs that communicate their message in 1719 a clear fashion. Because not all design criteria may be workable or appropriate for each sign or project, the 1720 Director or Mayor and City Council may allow deviation from the design guidelines in their application to specific 1721 signs or projects, where the proposed Master Signage Plan creates a harmonious, consistent system of signage 1722 that improves the public safety within the development. The following subsections provide examples of acceptable 1723 forms of signage. Pictures are not to scale. 1724 1725 2. Signs by type: 1726 1727 a) Entryway signs. Entryway signs mean ground signs which are placed on the perimeter of a mixed use 1728 development, community or area. Such signs may flank both sides of the entrance and may include ground or 1729 landscape wall sign types. An entryway sign may identify the name of the community and/or interior 1730 businesses or communities. 1731 1732 1733 1734 b) Primary multi tenant freestanding signs. Primary multi tenant freestanding signs means freestanding signs 1735 located on a multi tenant site, and which are orientated to be visible from the road. Primary multi tenant 1736 freestanding signs may provide formal identification of the entire project to arterial traffic . 1737 1738 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 39 of 55 1739 1740 1741 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 40 of 55 1742 1743 c) Secondary multi tenant freestanding signs. Secondary multi tenant freestanding signs means freestanding 1744 signs located on a corner lot, on a multi tenant site, and which are orientated to be visible from the road. 1745 Secondary multi tenant freestanding signs may provide formal identification of the entire project or one or 1746 some of the project’s tenants. 1747 1748 1749 1750 1751 1752 d) Single tenant/outparcel freestanding signs. Single tenant/outparcel freestanding signs means signs located on 1753 single tenant sites and outparcels, and which are orientated to be visible from the road. Single 1754 tenant/outparcel freestanding signs may provide formal identification of the business located on the site. 1755 1756 1757 1758 1759 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 41 of 55 e) Office /industrial park project identification freestanding signs. Office/industrial park project identification 1760 freestanding signs means freestanding signs which are located at the entrance to a platted office or industrial 1761 park. Office/industrial park project identification freestanding signs may identify the platted name of the office 1762 or industrial park. 1763 1764 1765 1766 1767 1768 1769 1770 1771 1772 1773 1774 1775 1776 1777 1778 1779 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 42 of 55 1780 1781 f) Residential development freestanding signs. Residential development freestanding signs means 1782 freestanding signs located at the entrance to a residential development. Residential development 1783 freestanding signs may identify the name of a single family, townhome or apartment development. 1784 1785 1786 1787 1788 1789 1790 1791 1792 1793 1794 1795 1796 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 43 of 55 g) Secondary residential development freestanding signs. Secondary residential development freestanding 1797 signs means pillar type freestanding signs which are located at different phases within a residential 1798 development, or at the entrance to an amenity area within a residential development. A secondary 1799 residential development freestanding sign may indicate the name of the phase or unit within a single 1800 family or townhome residential development. 1801 1802 1803 1804 1805 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 44 of 55 1806 1807 h) Tenant directory freestanding signs. Tenant directory freestanding signs means ground signs which are 1808 placed internal to the development or community, and cannot be read from the right of way. They may provide 1809 a listing of the names of businesses, activities, addresses, locations, uses or places wit hin a building or 1810 complex of buildings for the purpose of identification. 1811 1812 1813 1814 1815 1816 1817 i) Tenant directory wall signs. Tenant directory wall signs means signs which are placed internal to the 1818 development or community, and are not intended to be read from the right of way. These signs may provide a 1819 listing of the names of businesses, activities, addresses, locations, uses or places within a building or complex 1820 of buildings for the purpose of identification. Tenant directory wall signs shall have a maximum size of 12 1821 square feet. 1822 1823 1824 1825 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 45 of 55 j) Directional freestanding signs. Directional freestanding signs means signs used at driveways to improve 1826 public safety and to enhance public access to the site from public streets. These signs may be used to direct 1827 pedestrian or vehicular traffic on a parcel. If lighted, directional freestanding signs shall be externally 1828 illuminated. These signs shall have a maximum height of three (3) feet. 1829 1830 1831 1832 1833 k) Temporary standard informational signs. Temporary standard informational signs means signs located on 1834 private property, with an area of not greater than four square feet, with a sign face made for short -term use, 1835 containing no reflecting elements, flags, or projections and which, when erect, stands at a height not greater 1836 than five feet and are mounted on a stake or metal frame with a thickness or diameter not greater than 1½ 1837 inches. There shall be no more than 3 temporary standard informational signs per residential lot, and no more 1838 than one per commercial lot. 1839 1840 1841 1842 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 46 of 55 l) Sandwich boards. Sandwich boards means A- frame signs with a black or green chalkboard type face, with a 1843 wood frame. The maximum height of sandwich boards shall be four feet, with a maximum sign face of six 1844 square feet per panel. 1845 1846 1847 1848 1849 1850 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 47 of 55 1851 m) Temporary freestanding signs. Temporary freestanding signs means signs which are erected while a tenant 1852 space, building or vacant lot is currently for sale, lease or rent. A property or space for sale or lease is allowed 1853 one temporary freestanding sign per road frontage. On major roads, as defined in Section 64-2303, temporary 1854 freestanding signs are allowed to be a maximum of nine square feet in size, while such signs are allowed to be 1855 a maximum of six square feet in size on all other roads. Temporary freestanding signss shall have a maximum 1856 height of nine feet. 1857 1858 1859 1860 1861 1862 1863 1864 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 48 of 55 n) Temporary banners. Temporary banners means signs, other than flags, with or without characters, letters, 1865 illustrations or ornamentation applied to cloth, paper, vinyl or fabric that are intended to be hung either with a 1866 frame or without a frame. Neither flags nor canopy signs are considered banners. (Canopy signs are counted 1867 toward wall signage). 1868 1869 1870 1871 1872 1873 1874 1875 1876 1877 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 49 of 55 o) Signs during construction. Signs during construction means temporary, freestanding signs that shall be 1878 allowed beginning with the commencement of construction and ending with the issuance of the last Certificate 1879 of Occupancy, or two years, whichever one shall first occur. Thereafter, the permittee may reapply for a 1880 renewal permit subject to same termination conditions as above. If lighted, the sign shall be externally 1881 illuminated. Signs during construction are allowed to be a maximum of 12 square feet, with a maximum height 1882 of five feet. 1883 1884 1885 1886 p) Wall signs. Wall signs means any signs attached parallel to a wall, painted on the wall surface or erected and 1887 confined within the limits of an outside wall of any building or structure, which is supported by such wall or 1888 building and which displays only one sign surface. Wall signs shall be flush with the wall, building, or structure 1889 to which it is mounted or affixed, except as otherwise set forth herein. 1890 1891 1892 1893 1894 1895 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 50 of 55 q) Shingle /blade signs. Shingle/blade signs means signs suspended from a roof overhang of a covered porch 1896 or walkway or attached to a building wall fascia, which may, for example, identify the tenant of the adjacent 1897 space. These signs shall be installed perpendicular to the wall. 1898 1899 1900 1901 r) Window signs/graphics. Window sign/graphics means any sign, cut-out letters, painted text or graphics, 1902 window film, or other text or visual presentation that is affixed to the interior or exterior of the window or 1903 window panes, or within five feet of the interior of the window or window panes and is visible from the 1904 exterior of the structure. 1905 1906 1907 1908 1909 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 51 of 55 s) Awning/canopy signs. Awning/canopy signs means any sign that is a part of, or attached to, an awning, 1910 canopy or other fabric, plastic or structural protective cover over a door, entrance, window, or outdoor 1911 service area. The term "awning/canopy sign" does not include a marquee. Awning/canopy signs may 1912 be substituted for monument or wall signs. If substituted, they shall be included in the maximum size 1913 calculations. 1914 1915 1916 1917 t) Tenant informational signs. Tenant informational signs means wall or ground signs intended primarily for 1918 the convenience of the public or to ensure the orderly operation of the site, that may include, for example, 1919 signs designating restrooms, address numbers, public telephone and instructions regarding parking. Each 1920 tenant informational sign shall be a maximum of 12 square feet, with no single sign greater than four square 1921 feet. 1922 1923 1924 1925 1926 1927 1928 1929 1930 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 52 of 55 1931 1932 u) PROHIBITED SIGNS 1933 The following types of signs are prohibited in the Master signage plan: 1934 (1) 1935 Moving signs, sandwich boards and signs applied directly to sidewalk or curb , balloons, 1936 streamers or air or gas filled figures and other similar temporary signs (except where specifically 1937 allowed). 1938 (2) 1939 Beacons, search lights, laser lights or images (except where specifically allowed). 1940 (3) 1941 Audible signs. 1942 (4) 1943 Signs in right-of-way, other than those belonging to a government, public service agency, or 1944 railroad. 1945 (5) 1946 Signs mounted on a utility pole, water tower or other similar structure, architectural features, 1947 traffic signal or traffic control box and cell towers. 1948 (6) 1949 Roof signs, Marquee signs 1950 (7) 1951 Portable signs, except that signs posted in the window of a vehicle, totaling one square foot, 1952 shall be permitted, unless the vehicle is parked within a nonresidential district or AG-1 1953 (Agricultural) developed with a nonresidential use, with the intent to sell that vehicle. 1954 (8) 1955 Obscene signs. 1956 (9) 1957 Illegal activity signs. 1958 (10) 1959 Signs not maintained. 1960 (11) 1961 Animated signs, flashing signs, rotating signs, and changeable copy signs. 1962 (12) 1963 Imitation traffic signs. 1964 (13) 1965 Graffiti. 1966 (14) 1967 Sign kiosks. 1968 (15) 1969 Signs attached to or painted on natural objects. 1970 (16) 1971 Temporary signs and banners attached to fences or walls (except where specifically allowed). 1972 (17) 1973 Internally illuminated window signs, including neon, except as allowed in Sections 64-2324, n 1974 and -2325,c. 1975 1976 (18) Signs in landscape strip unless approved by the City Arborist. 1977 1978 1979 1980 1981 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 53 of 55 DIVISION 6: VIOLATIONS AND PENALTIES 1982 Sec. 64-2329. – Violations; penalties. 1983 1. Noncompliance 1984 No person shall erect or allow to be erected on any premises owned or controlled by that person any 1985 sign which does not comply with the standards of this article. 1986 1987 2. Dangerous or defective condition 1988 No person shall maintain or allow to be maintained on any premises owned or controlled by that 1989 person any sign which is in a dangerous or defective condition. Any such sign shall be removed or 1990 repaired by the permittee of the sign, the owner of the premises, or as otherwise provided for in this 1991 article. 1992 1993 3. Separate violation. 1994 Each sign installed, created, erected or maintained in violation of this article, and any sign allowed to 1995 be so installed, created, erected or maintained, shall be considered a separate violation when 1996 applying the penalty portions herein. 1997 1998 4. Public nuisance. 1999 Any violation of this article is hereby declared to be a public nuisance. 2000 2001 5. Penalties 2002 In the event of a violation of any violation of this article, the city shall be entitled to pursue any one or 2003 more of the following remedies: suspension of the sign permit in accordance with Section 2270(a) 2004 revocation of the sign permit in accordance with Section 2270(b), termination of the sign permit in 2005 accordance with Section 2270(c), citation in accordance with Section 2270(d), injunctive relief in 2006 accordance with Section 2270(e), and removal of the sign in accordance with Section 2270(f). 2007 2008 Sec. 64-2330. - Suspension; Revocation, Termination, Citation, Removal. 2009 (a) Suspension 2010 (1) 2011 If a sign permit was issued by the City in error, the permit is void ab initio. Immediately upon discovery 2012 of facts suggesting that a permit was issued in error, the director shall suspend the permit and give 2013 notice to the permittee of the suspension. The notice shall advise the permittee of the determination 2014 that the permit was issued in error, the permit has been suspended, the reason(s) for the suspension, 2015 and that the permittee shall have 30 days to appeal the determination that the permit was issued in 2016 error pursuant to the procedures for appeals of administrative decisions. 2017 (2) 2018 No work shall be performed pursuant to any sign permit while such permit is suspended. 2019 (3) 2020 If no appeal is filed within 30 days from the date of the notice, the permit shall be deemed revoked. 2021 (4) 2022 Notwithstanding any provisions in the zoning ordinance to the contrary, if a final decision on an appeal 2023 of a sign permit suspension decision is not rendered within 60 days after the filing of a completed 2024 application for appeal of the decision to suspend the sign permit, the decision to suspend the permit 2025 shall be deemed reversed and the sign permit shall be reinstated upon request of the applicant. 2026 2027 2028 2029 2030 2031 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 54 of 55 (b) Revocation 2032 (1) 2033 a. 2034 Prior to the initiation of work pursuant to a sign permit issued by the city, should it be determined that 2035 the sign permit was issued pursuant to an application containing a false material statement or 2036 omission, the director shall revoke said permit and the subject sign shall not be entitled to be erected. 2037 b. 2038 A revocation pursuant to this subsection shall be appealable pursuant to the procedures for appeals 2039 of administrative decisions outlined in this zoning ordinance. Notwithstanding any provisions in the 2040 zoning ordinance to the contrary, if a final decision on an appeal of a sign permit revocation decision 2041 is not rendered within 60 days after the filing of a completed application for appeal of the decision to 2042 revoke the sign permit, the decision to revoke the permit shall be deemed reversed and the sign 2043 permit shall be reinstated upon request of the applicant. 2044 2045 (2) 2046 After the initiation of work pursuant to a sign permit issued by the city, should it be determined that the 2047 sign permit was issued pursuant to an application containing a false material statement or omission, the 2048 director shall issue a stop work order on the erection of the sign and submit a recommendation to the 2049 Mayor and City Council that the permit be revoked. The Mayor and City Council shall then conduct a 2050 revocation hearing in accordance with section D, below. 2051 2052 (c) Termination 2053 2054 A violation of any provision of this article once initiation of work pursuant to a sign permit issued by the 2055 city has begun shall be grounds for termination of the permit. No permit shall be terminated and until 2056 after the permittee is granted a public hearing as set forth in section D, below. 2057 2058 (d) Citation 2059 If any sign or other device covered by this article is erected, constructed, altered, converted or used in 2060 violation of any provision of this article, the director may issue a citation. Any violation of this article 2061 shall be an offense, and the violator shall be subject to a fine of up to $1,000.00 per day or 2062 imprisonment for up to 60 days, or by both such fine and imprisonment. The citation shall be 2063 prosecuted subject to the same procedures established for violations of this zoning ordinance. 2064 2065 (e) Injunction 2066 If any sign or other device covered by this article is found to be in violation of this article after a public 2067 hearing conducted in accordance with section D, below, the city may seek an injunction against the 2068 continuing violation or take other appropriate action to prevent such unlawful erection, construction, 2069 alteration, conversion or use to correct or abate such violation. 2070 2071 (f) Removal 2072 1. 2073 If any sign or other device covered by this article is found to be in violation of this article after a public 2074 hearing conducted in accordance with section D, below, the city may order the removal of the sign by 2075 written notice to the permit holder; or if there is no permit holder, then to the owner of the sign; or if the 2076 sign owner cannot be found or cannot be determined, then to the sign erector and any party that 2077 procured the erection of the sign. If a permit has been issued, such notice shall operate to revoke the 2078 permit. 2079 2. 2080 Procedure following removal order. If the sign is not removed within the time allowable pursuant to 2081 the city’s written notice ordering removal pursuant to Section 2270 B(f)(1), the City may remove or 2082 cause to be removed the sign and collect the costs therefore from the permit holder, the owner of the 2083 sign, the sign erector, any party that procured the erections of the sign, or the owner of the property 2084 on which the sign is located. 2085 RZ11-17 – Text amendment to the Sign Ordinance for the City Council Meeting on February 22, 2012 February 15, 2012 Page 55 of 55 2086 Sec. 64-2331.Notice 2087 The Director shall give the holder of a sign permit at least 14 calendar day’s written notice of any 2088 public hearing with respect to the termination of the sign permit, unless the urgency of the particular 2089 situation resulting in the hearing and the practical considerations of completing measures to comport 2090 with the standards of this article reasonably justify less notice in order to protect the public health, 2091 safety and welfare. The notice shall include the date of the hearing; the violations alleged to have 2092 occurred that will be the subject of the public hearing, and the relief to be considered by the city 2093 council. The notice shall advise the permittee of the time and place of the hearing, their right to 2094 appear at the hearing and to contest the violation and proposed relief. 2095 2096 Sec.64-2332- Hearing. 2097 Upon notification by the director of a sign or other device covered by this article being in violation of 2098 this article, the city council shall schedule a public hearing at its next available regular meeting 2099 whereby the holder of the sign permit for the sign or device that is in violation can receive notice in 2100 compliance with section C, above. At the public hearing the council shall consider whether to 2101 terminate the permit and require such other relief as may be necessary to protect the public health, 2102 safety, and welfare. The hearing shall be conducted in accordance with the minimum requirements 2103 for public hearings as set forth in the Georgia Zoning Procedures Law (O.C.G.A. § 36-66-1, et seq.). 2104 (Ord. No. 09-04-40, art. 33, § 12, 4-27-2009) 2105 2106 Page 1 of 3 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. AN RESOLUTION IMPOSING A LIMITED AND TEMPORARY MORATORIUM UPON ISSUANCE OF BUSINESS LICENSES TO NEW PAIN MANAGEMENT CLINICS WITHIN THE CITY OF MILTON WHEREAS, on May 2, 2011, the City of Milton adopted a resolution imposing a moratorium on the issuance of business licenses to pain management clinics until April 30, 2012 in order to provide the City of Milton an opportunity to develop ordinances and/or regulations that address the secondary effects of pain management clinics on individuals and the community, and to study the potential effects of pending Georgia legislation intended to regulate pain clinics; WHEREAS, a true and correct copy of said moratorium is attached as Exhibit A; WHEREAS, the State of Georgia has enacted O.C.G.A. § 16-13-57 through 16-13-65 to establish a state-wide electronic database for certain controlled substances and the Mayor and City Council have reviewed the same; WHEREAS, the City of Milton has reviewed the state-wide electronic database for certain controlled substances, and determined that said database will not be operational until well past the expiration of the current moratorium; WHEREAS, the City of Milton desires to extend the temporary and limited moratorium to enable it to review the outcome of such legislation, and to allow for the possible creation of a statewide database for controlled substances; WHEREAS, appropriate notice and hearing on the moratorium extension contained herein have been carried out according to general and local law. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA, AS FOLLOWS: 1. The moratorium on issuance of business licenses to pain management clinics within the City of Milton is extended until August 8, 2012 with the intention of providing an opportunity for the City of Milton to develop ordinances and/or regulations that address the secondary effects of pain management clinics on individuals and the community. 2. Page 2 of 3 The moratorium shall apply to all privately owned pain management clinics, facilities, or offices (including those which advertise in any medium) for the sale or dis pensing of any type of pain management services, or dispensing controlled substance medications, and defined as a Schedule II, III, IV or V controlled substance as defined by Georgia law. A physician is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications when the majority of the patients seen are prescribed or dispensed controlled substance medications for the treatment of chronic nonmalignant pain. Chronic nonmalignant pain is pain unrelated to cancer which persists: (1) beyond the usual course of the disease or the injury that is the cause of the pain; or (2) more than 90 days after surgery. 3. The moratorium shall not apply to the following: A licensed pharmacy of a hospital that dispenses such substances for the purpose of inpatient or outpatient hospital care, a licensed pharmacy of a hospital or retail pharmacy of a hospital that dispenses prescriptions for controlled substances at the time of dismissal or discharge form such a facility, or a licensed pharmacy of a hospital or retail pharmacy of a hospital that dispenses or administers such substances for long-term care patients or inpatient hospice facilities; An institutional pharmacy that serves only a health care facility, including, but not limited to, a nursing home, an intermediate care home, a personal care home, or a hospice program, which provides inpatient care and which pharmacy dispenses such substances to be administered and used by a patient on the premises of the facility; A practitioner or other authorized person who administers such a substance; or A pharmacy operated by, on behalf of, or under contract with the Department of Corrections for the sole and exclusive purpose of providing services in a secure environment to prisoners within a penal institution. This shall include correctional institutions operated by private entities in this state which house inmates under the Department of Corrections. A licensed stand-alone retail pharmacy or a licensed pharmacy that is part of a grocery store wherein at the same physical location are also sold vitamins, supplements, food products, school supplies, cosmetics and other sundries. 4. This Resolution shall be effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton, Georgia, and shall terminate on August 8, 2012 or the effective date of a duly adopted ordinance or regulation addressing pain management clinics, whichever is earlier. Page 3 of 3 RESOLVED, the public’s health, safety, and welfare demanding it, this the _____ day of ___________, 2012. _____________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk Page 1 of 1 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION SUPPORTING MODIFICATION TO THE CITY OF MILTON PUBLIC BUILDINGS AND FACILITIES AUTHORITY ACT The Council of the City of Milton hereby resolves while in regular session on the 22nd day of February, 2012 at 6:00 pm.: SECTION 1. That the City of Milton Public Buildings and Facilities Authority Act (“Act”) was enacted by the General Assembly in 2007 and introduced as HB809; and SECTION 2. The adoption of the Act created a public body to be known as the City of Milton Public Buildings and Facilities Authority (“Authority”); and SECTION 3. Former Governor Sonny Perdue approved and signed this Act into law and created the Authority on May 29, 2007; and SECTION 4. That the Milton Mayor and City Council support and recommend a modification of Section 2 to allow Council members to serve as Board Members of the Authority; and SECTION 5. That upon adoption its adoption, staff is directed to deliver a copy of this Resolution to Speaker Pro Tem Jan Jones of the Georgia House of Representatives. RESOLVED BY THE COUNCIL OF THE CITY OF MILTON this 22nd day of February, 2012. Approved: ____________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk (Seal) City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Chief Deborah Harrell Date: Submitted on January 26, 2012 for the February 22, 2012 Regular Council Meeting Agenda Item: Approval for Correction on Listing of Positions document presented in FY 2012 Budget City Manager’s Office Recommendation: Approval of correction on Listing of Positions document presented in FY 2012 Budget. Background: When the FY 2012 budget was passed by council the Listing of Positions document on pages 9 and 10 inadvertently listed 5 sergeant positions and 4 lieutenant positions instead of 4 sergeant positions and 5 lieutenant positions. The total amount of dollars budgeted was correct. See attached. Discussion Since the inception of the Police Department it has been allocated 5 lieutenants; four in Uniform Patrol and one in Criminal Investigations. I would like to maintain this for consistency in shift leadership between CID and UPD. Funding and Fiscal Impact: None. The correct amount was budgeted in the FY 2012 budget. Alternatives: Not correct the error and maintain the position as a Sergeant. Concurrent Review: Chris Lagerbloom, City Manager Sam Trager, Human Resource Director Stacey Inglis, Finance Director STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION TO CORRECT THE CITY OF MILTON LISTING OF POSITIONS BE IT RESOLVED by the City Council of the City of Milton, Georgia while in a Regular called Council meeting on the 22nd day of February, 2012 at 6:00 p.m. as follows: SECTION 1. That the 2012 city budget contains a Listing of Positions; SECTION 2. That the Listing of Positions listed five (5) police sergeants and four (4) police lieutenants; SECTION 3. That the Listing of Positions should have listed four (4) police sergeants and five (5) police lieutenants; SECTION 3. That no additional costs for salaries are to be incurred in the 2012 budget year as five (5) lieutenant positions were budgeted for; SECTION 4. That the job classification will be amended; and, SECTION 5. That this Resolution shall direct staff to make the necessary changes to the fiscal year 2012 budget document at its next formal amendment. RESOLVED the 5th day of March, 2012. _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Chief Deborah Harrell Date: Submitted on January 26, 2012 for the February 22, 2012 Regular Council Meeting Agenda Item: Approval of Reclassification of Community Outreach & Policy Coordinator to Accreditation Manager City Manager’s Office Recommendation: Approval of reclassification of Community Outreach & Policy Coordinator to Accreditation Manager position. Background: The agency is currently under contract with the Commission on Accreditation for Law Enforcement Agencies (CALEA) to achieve Accreditation by the spring of 2014. Discussion The agency has an operational need to have a full-time Accreditation Manager. This position will be responsible for maintaining the agency’s State Certification through the Georgia Association of Chiefs of Police, pursuing National Accreditation through CALEA, updating and creating agency policy and procedures, performing research projects, and other various administrative responsibilities. Funding and Fiscal Impact: There will be no fiscal impact this budget year. The above reclassification will be fully covered in the salary dollars already budgeted for salaries for 2011-2012 budget year. In the 2012-2013 budget year the fiscal impact will be approximately $5,000 as the Accreditation Manager pay class will be $45,000 – $65,000 and we budget each officer position at $40,000. Alternatives: Continue to have the Chief of Police acting as the Accreditation Manager. Concurrent Review: Chris Lagerbloom, City Manager Sam Trager, Human Resource Director Stacey Inglis, Finance Director STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION TO RECLASSIFY THE COMMUNITY OUTREACH & POLICY COORDINATOR POSITION TO ACCREDITATION MANAGER POSITION BE IT RESOLVED by the City Council of the City of Milton, Georgia while in a Regular called Council meeting on the 22nd day of February, 2012 at 6:00 p.m. as follows: SECTION 1. That the 2012 city budget contains a job listing of Community Outreach & Policy Coordinator that is approved by city council; SECTION 2. That the position listing of Community Outreach & Policy Coordinator is recommended by staff to re-classified to the position listing of Accreditation Manager; SECTION 3. That no additional costs for salaries will be incurred in fiscal year 2012, and in future fiscal years the impact will be in conformance with the City’s adopted pay and classification plan; and SECTION 4. That the job classification listing will be amended to meet the City’s changing needs; and, SECTION 5. That this Resolution shall direct staff to make the necessary changes to the fiscal year 2012 budget document at its next formal amendment. RESOLVED the 22nd day of February, 2012. _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) AGREEMENT FOR SALE OF REALTY THIS AGREEMENT FOR SALE OF REALTY (the "Agreement") is made and entered into this day of , 2012, by and between the CITY OF MILTON, GEORGIA, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Georgia (the "Buyer"), and SARAD_A .PtROPERTIES NO. 2, LLC, a Georgia limited liability company (the "Seller"). AGREEMENT 1. The Buyer agrees to buy, and the Seller agrees to sell, all that tract of land being known as Fulton County Tax Parcel No. 22-4880-0534-007-1 containing a total of 3.82 acres, more or less; and including all structures, fixtures and appurtenances attached thereto (hereinafter referred to as the "Property"). 2. Purchase Price. The purchase price ("Purchase Price") for the Property shall be Three Hundred Forty -Five Thousand Dollars and Zero Cents ($345,000.00) to be paid at closing. 3. Earnest Money. Buyer, within five (5) business days of the execution of this Agreement by both parties, shall deposit with Power Realty Partners, LLC $10,000.00 as earnest money. This earnest money shall be applied as part payment of the purchase price of the Property at the time of closing, and in the event the sale is not closed, then in that event the earnest money deposit may be retained by the Sellers, except as otherwise provided herein. In the event that Buyer becomes entitled to a reimbursement of the earnest money pursuant to this Agreement and Power Realty Partners, LLC fails to remit such reimbursement to Buyer within fifteen (15) days of such reimbursement being due Buyer, Seller shall be responsible for immediately remitting an amount equal to the earnest money to Buyer. 0 4. Marketable Title. Seller agrees to furnish good, insurable, and marketable title to the Property. For the purposes of this Agreement, "good, insurable, and marketable title" shall mean fee simple ownership which is: (i) free from all claims, liens, and monetary encumbrances of any kind or nature whatsoever other than permitted exceptions expressly agreed to in writing by the Buyer; and (ii) insurable by a reputable title insurance company at then -current standard rates under the standard form of ATLA owner's policy of title insurance with all standard or printed exceptions therein deleted and without exception other than for permitted exceptions expressly agreed to in writing by Buyer. The Property is sold subject only to the valid and agreed upon exceptions to title disclosed to the Buyer as of the date of closing and as presented in accordance with this Agreement. 5. Inspection Period. Buyer shall have one hundred twenty (120) days after the date of this Agreement (the "Inspection Period") to inspect the Property, and during the Inspection Period Buyer may terminate this Agreement either for any reason or for no reason at all. Upon Buyer's termination of this Agreement during the Inspection Period, Seller shall ensure that the entire amount of the earnest money deposit is immediately refunded to Buyer. 6. Due Diligence. Buyer shall procure, at Buyer's cost, a written title opinion establishing that title to the Property is good, insurable, and marketable, and vested in Seller. Buyer, after examining said title opinion, shall notify Seller of any defects or unacceptable exceptions thereto at least twenty (20) days prior to the closing. All issues as to title defects and/or unacceptable exceptions to title shall be resolved to Buyer's satisfaction prior to closing. It is . agreed that such papers that may be legally necessary to carry out the terms of this Agreement shall be executed and delivered by the parties as soon as the validity of the title to the Property has been established. If the Buyer shall decline to accept the Property due to a title 2 defect or other exception to title, then this Agreement shall be' null and void, whereupon the parties hereto shall have no further rights, duties, obligations, or liabilities to one another hereunder, except that Seller shall ensure that the entire amount of the earnest money deposit is immediately refunded to Buyer. 7. Warranty. The Seller hereby affirmatively warrants that there are no latent or patent physical condition(s), hazard(s) or feature(s) of, on or below the Property that will in any material way impede or frustrate the reasonable use of the Property by Buyer. Moreover, the Seller further warrants that it has no knowledge of any condemnation or compelled acquisition of all or any part of the Property by any entity. 8. Public Hearing. Prior to closing on the Property, the Seller acknowledges that the Buyer may hold a public hearing with respect to this purchase wherein the details of said purchase may be revealed in an open forum. 9. Closing Date. A closing shall be conducted no later than fifteen (15) days after the termination of the Inspection Period. At the closing, the Seller shall deliver to the Buyer a Warranty Deed to the Property conveying good, insurable, and marketable title to the Property, and all mineral rights, with the hereditaments and appurtenances, to the Buyer and its assigns, in fee simple, free and clear of all liens, encumbrances, or exceptions on all or any part of the Property, except for permitted exceptions, if any, easements, restrictions, and other exceptions of record, together with all right, title, and interest of the Seller in and to the Property. Buyer during the Inspection Period may procure, at its own expense, a survey specifically setting forth the metes and bounds and acreage of the Property, and any such survey shall provide the legal description of the Warranty Deed to the Property. 3 10. Taxes. All taxes, assessments, and encumbrances which are a lien against the Property and are due and payable at the time of conveyance to the Buyer shall be satisfied of record by the Seller at or before the transfer of title. Real estate taxes which are a lien (but are not yet due and payable) will be prorated as of the date of closing. The Seller will pay the documentary revenue stamp tax or transfer, conveyance or recordation tax, assessment or charge, if any. 11. Risk of Loss. All risk of loss or damage to the Property will pass from the Seller to the Buyer at closing. In the event that loss or damage occurs to the Property prior to closing, the Buyer may, without liability and with an immediate refund of the full amount of the earnest money deposit from the Seller, refuse to accept the conveyance of title, or it alternatively may elect to accept the conveyance of title to the Property "AS IS." The Seller shall deliver possession of the Property to the Buyer at the time of closing. 12. Right of EntrX. The Buyer may enter upon the Property at reasonable times for surveying and other reasonable purposes related to this transaction from the date of execution of this Agreement, through and including the time of delivery of possession of the Property to the Buyer by the Seller. The Buyer's entry upon the Property in accordance with this paragraph shall be undertaken in such a manner so as to not unreasonably interfere with Seller's ongoing operations or do permanent or long-tenn damage to the Property. Buyer shall pay all costs incurred by Buyer in making any inspections, tests, analyses, and investigations of the Property and shall, to the extent if any allowed by law, indemnify and hold Seller harmless from any loss or damage to person or property occasioned by such activities of Buyer. 13. Preservation of Property. The Seller agrees that the Property shall remain as it now is until the delivery of possession of the Property by the Seller to the Buyer, and that the 4 Seller will make reasonable efforts to prevent and refrain from any use of the Property for any purpose or in any manner which would adversely affect the Buyer's use and enjoyment of the Property in the future. 14. Specific Performance. The parties agree that in the event of a breach hereof by the Seller (i.e. the refusal to execute the Warranty Deed at closing or to deliver possession of the Property to the Buyer at the appointed time), damages will be inadequate, and therefore the court having jurisdiction herein may award the Buyer specific performance in lieu of damages or any other remedies allowed by law. 15. Binding Effect. The agreements set forth herein are to apply to and bind the heirs, executors, administrators, successors, personal representatives and assigns of the Seller. 16. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 17. Severability. If any paragraph, subparagraph, sentence, clause, phrase, or any portion of this Agreement shall be declared invalid or unconstitutional by any court of competent jurisdiction or if the provisions of any part of this Agreement as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Agreement not held to be invalid. It is hereby declared to be the intent of the parties to provide for separable and divisible parts, and they do hereby adopt any and all parts hereof as may not be held invalid for any reason. 18. Governing Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Georgia, without giving effect to its conflicts of laws principles. 5 19. Broker. Seller at closing shall pay to Power Realty Partners, LLC a brokerage commission of five percent (5%) of the Purchase Price. Said commission shall only be paid in the event of a closing as contemplated by this Agreement. IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR SALE OF REALTY as of the day and year first above written. SIGNED, SEALED, AND DELIVERED in the presence of: A n �-�-1 Notary P�blic [NOTARY SEAL] My Commission Expires:-�J.) SELLER: SARADAN PROPERTIES NO. 2, LLC By: Member/Manager OHN HOWE otary Public County e of Georgia [7Dekalb n Expires Feb 22]2012 CITY OF MILTON, GEORGIA BY: r)x� Joe Lockw Mayor [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of - 6 4Wn' c%/ Notary Public [NOTARY SEAL] My Commission Expires: l —� Nor, t