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Agenda CC - 03/17/2014 - Agenda Packet
Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, March 17, 2014 Regular Council Meeting Agenda 6:00 PM INVOCATION - Tass Welch, Community Christ Church, Milton, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 14-067) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the March 3, 2014 Regular City Council Meeting Minutes. (Agenda Item No. 14-068) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 17 , 2014 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of the March 10, 2014 Special Called Regular City Council Meeting Minutes. (Agenda Item No. 14-069) (Sudie Gordon, City Clerk) 3. Approval of the Financial Statements for the Period Ending February, 2014. (Agenda Item No. 14-070) (Stacey Inglis, Assistant City Manager) 4. Approval of an Agreement for Vehicle Maintenance and Repairs between the City of Milton and Cherokee Ford Lincoln of Alpharetta, LLC. (Agenda Item No. 14-071) (Matt Marietta, Fire Marshal) 5. Approval of Amendments to the Personnel Policy Handbook to Modify the City of Milton Policies Regarding Social Media, Sick Leave Appeal/Grievance Rights and Holiday Pay. (Agenda Item No. 14-072) (Sam Trager, Human Resources Director) 6. Approval of Change Order #1 for a Professional Services Agreement between the City of Milton and BM&K, P.C. for SR 372 (Crabapple Road/Birmingham Highway) Intersection Improvements and Right of Way Services. (Agenda Item No. 14-073) (Carter Lucas, Public Works Director) 7. Approval of an Agreement between the City of Milton and Williams Fire Apparatus for the Purchase of an Ambulance for Emergency Medical Transport. (Agenda Item No. 14-074) (Robert Edgar, Fire Chief) 8. Approval of an Agreement between the City of Milton and Comcast Cable Communications Management, LLC for Internet Circuit Connectivity. (Agenda Item No. 14-075) (David Frizzell, IT Manager) 9. Approval of a Professional Services Agreement between the City of Milton and Stantec Consulting Services Inc. for Milton Multi-use Trail Connection to Big Creek Greenway. (Agenda Item No. 14-076) (Carter Lucas, Public Work Director) 10. Approval of a Change Order between the City of Milton and Atkins North America, Inc. to Provide Preliminary Engineering – Design Phase for Crabapple Streetscape Project. (Agenda Item No. 14-077) (Carter Lucas, Public Work Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 17 , 2014 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Rare Disease Day. (Presented by Mayor Joe Lockwood) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARING 1. Consideration of an Ordinance to Adopt Amendments to the Fiscal 2014 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 14-063) (First Presentation at March 3, 2014 Regular Council Meeting) (Stacey Inglis, Assistant City Manager) 9) ZONING AGENDA 1. Consideration of RZ13-20 – 16340 Birmingham Highway with Additional Frontage on New Bull Pen Road Containing a Total of Approximately 66.40 acres by Christopher Perry to Rezone from AG-1 (Agricultural) to CUP (Community Unit Plan) to Develop 52 Single Family Residences. (Agenda Item No. 14-060) (First Presentation at March 3, 2014 Regular Council Meeting) (Kathleen Field, Community Development Director) 2. Consideration of RZ13-21 – 975 Birmingham Road and 15755 Birmingham Highway Containing a Total of 22.3 Acres by Acadia Homes and Neighborhoods, LLC to Rezone from MIX (Mixed Use) and AG-1 (Agricultural) to CUP (Community Unit Plan) to Develop 55 Single Family Residences. (Agenda Item No. 14-061) (First Presentation at March 3, 2014 Regular Council Meeting) (Kathleen Field, Community Development Director) 3. Consideration of ZM14-01 - 13660 New Providence Road, Mill Springs Academy to Modify the Site Plan Submitted on November 5, 1996 to a Revised Site Plan Submitted on February 4, 2014. (Agenda Item No. 14-062) (First Presentation at March 3, 2014 Regular Council Meeting) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 17 , 2014 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 10) UNFINISHED BUSINESS 1. Consideration of an Ordinance to Adopt Amendments to the Fiscal 2014 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 14-063) (First Presentation at March 3, 2014 Regular Council Meeting) (Public Hearing at March 17, 2014 Regular Council Meeting) (Stacey Inglis, Assistant City Manager) 11) NEW BUSINESS 1. Consideration of A Resolution Appointing A Member to the City of Milton Planning Commission by Appointing a Board Member for District 2/Post 1. (Agenda Item No. 14-078) (Mayor Joe Lockwood) 2. Consideration of A Resolution for Crowne Castle’s Application for Utilization of City of Milton Right of Way for Telecommunication Facilities, as Authorized by Law. (Agenda Item No. 14-079) (Ken Jarrard, City Attorney) 3. Consideration of an Application for the Abandonment of a Portion of Holly Road. (Agenda Item No. 14-080) (Carter Lucas, Public Works Director) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 14-081) The minutes were provided electronically HOME OF "—F BFST L1Y ;r ._I' iu I MILI'ONI!1�1 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 13, 2014 FROM: City Manager AGENDA ITEM: Approval of the Financial Statements for the Period Ending February, 2014. MEETING DATE: Monday, March 17, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: PROVED CITY ATTORNEY APPROVAL REQUIRED: t -f' IYES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: 311-711y REMARKS (} NOT APPROVED O NO "0 (} NOT APPROVED ©Your PHONE: 678.242.25001 FAX: 678.242.2499 . -Green 40Pch iq ; infofcityofmlltonga.us I www.cityofmiMonga.us Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on March 12, 2014 for the March 17, 2014 Regular Council Meeting Agenda Item: Financial Statements for Period 5 – February 2014 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 34.8% over what is anticipated for the fifth period of the fiscal year. The higher than anticipated collections are due mainly to the change in the local option sales tax allocation and the large number of land disturbance and building permits. Total expenditures to-date are $7,858,589 and are 3.6% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $12,979,602, capital expenditures-to-date total $1,934,480. City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending February 2014 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,334,000 13,715 11,600 2,115 194,746 191,000 3,746 Motor Vehicle Tax 550,000 86,515 45,833 40,682 335,574 183,333 152,241 Intangible Tax 230,000 11,074 - 11,074 60,981 - 60,981 Real Estate Transfer Tax 55,000 5,762 4,583 1,178 22,310 18,333 3,977 Franchise Fees 1,800,000 267,423 321,063 (53,640) 513,569 630,000 (116,431) Local Option Sales Tax 4,000,000 618,371 333,333 285,037 2,314,861 1,333,333 981,527 Alcohol Beverage Excise Tax 285,000 19,299 23,750 (4,451) 94,750 95,000 (250) Business & Occupation Tax 590,000 63,795 118,000 (54,205) 151,673 295,000 (143,327) Insurance Premium Tax 1,500,000 - - - - - - Financial Institution Tax 33,000 20,378 20,378 - 20,378 20,378 - Penalties & Interest 30,000 2,989 2,250 739 20,876 11,370 9,506 Alcohol Beverage Licenses 135,000 400 - 400 132,800 132,300 500 Other Non-Business Permits/Licenses 10,500 3,995 792 3,203 13,756 4,958 8,798 Zoning & Land Disturbance Permits 90,500 44,432 7,542 36,891 152,129 37,708 114,420 Building Permits 320,000 23,341 26,667 (3,326) 159,955 133,333 26,622 Intergovernmental Revenue - 1,711 - 1,711 1,711 - 1,711 Other Charges for Service 419,860 39,153 39,013 140 208,806 174,537 34,269 Municipal Court Fines 360,000 31,538 30,000 1,538 195,427 150,000 45,427 Interest Earnings 14,500 553 1,208 (655) 7,605 6,042 1,563 Contributions & Donations - 867 - 867 1,188 - 1,188 Other Revenue 27,040 13,604 2,253 11,351 18,726 11,267 7,460 Other Financing Sources 64,000 - - - 910 910 - Total Revenues 18,848,400 1,268,916 988,266 280,650 4,622,731 3,428,803 1,193,928 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 166,576 8,508.84 9,779 (1,270) 57,331 59,555 (2,224) City Clerk 210,240 12,001.67 15,227 (3,225) 72,003 87,367 (15,364) City Manager 456,671 32,039.08 33,989 (1,950) 179,785 181,497 (1,712) General Administration 37,794 1,917.34 4,125 (2,207) 18,526 18,519 7 Finance 340,159 49,944.88 48,969 976 153,992 154,724 (732) Legal 230,000 31,067.33 31,067 - 66,166 66,166 - Information Technology 580,075 47,262.27 61,641 (14,379) 256,743 290,597 (33,854) Human Resources 283,931 17,783.73 17,949 (165) 108,308 111,761 (3,453) Risk Management 195,015 13,013.15 13,013 - 68,066 68,066 - General Government Buildings 444,900 - 617 (617) 180,718 183,635 (2,917) Public Information & Marketing 206,116 15,466.12 14,514 952 82,784 84,171 (1,387) Municipal Court 246,985 17,514.17 18,784 (1,270) 98,018 98,518 (500) Police 3,220,238 238,082.96 257,202 (19,119) 1,253,873 1,300,169 (46,296) Fire 5,258,026 341,860.16 374,120 (32,260) 2,015,930 2,137,459 (121,529) EMS Operations - - - - - - - Public Works 1,775,643 58,646.93 56,446 2,201 567,801 570,865 (3,063) Parks & Recreation 978,476 16,181.71 23,468 (7,286) 445,181 478,530 (33,348) Community Development 1,035,970 71,237.74 79,980 (8,743) 390,526 413,422 (22,896) Economic Development 79,285 2,988.41 3,036 (48) 22,456 22,904 (448) Debt Service - Capital Lease Payment 90,770 - - - 90,769 90,769 - Operating Transfers to Other Funds 4,151,071 345,922.58 345,923 - 1,729,613 1,729,613 - Operating Reserve 158,369 - - - - - - Total expenditures 20,146,310 1,321,439 1,409,850 (88,411)7,858,589 8,148,306 (289,716) Net Income/(Loss)(1,297,910)(52,523)(3,235,859) Fund Balance - Beginning 9,489,374 9,489,374 Fund Balance - Ending 8,191,464 6,253,516 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Earth Day Vendor Fee 1,300$ 50$ 200$ (1,100)$ Interest Revenues 40 2 7 (33) Crabapple Fest Sponsor 7,500 - 1,000 (6,500) Earth Day Sponsor 4,000 1,500 1,500 (2,500) Concert Sponsor 500 - - (500) Mayor's Run Sponsor 2,000 500 500 (1,500) Donations/Better World Books - - - - T-shirt Sales - - - - Mayor's Run Reg. Fees 1,500 - - (1,500) Roundup Food Sales - - - - Total revenues 16,840$ 2,052$ 3,207$ (13,633)$ EXPENDITURES Current: Special Events 65,095$ 330$ 21,508$ 38,417$ Total Expenditures 65,095$ 330$ 21,508$ 38,417$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 35,000$ 5,469$ 20,272$ (9,728)$ Total other financing sources and uses 35,000$ 5,469$ 20,272$ (9,728)$ Net change in fund balances (13,255)$ 1,972$ Fund balances - beginning 37,898 37,898 Fund balances - ending 24,643$ 39,870$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2014 3 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds/US Marshal - - - - Cash Confiscations/HIDTA - - 12,991 12,991 Interest Revenues/State Funds - 10 10 10 Interest Revenues/Federal Funds - 11 11 11 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 21$ 13,012$ 13,012$ EXPENDITURES Current: Police 18,000$ -$ 12,601$ 5,399$ Total Expenditures 18,000$ -$ 12,601$ 5,399$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (18,000)$ 411$ Fund balances - beginning 125,504 125,504 Fund balances - ending 107,504$ 125,915$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2014 4 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 800,000$ 47,280$ 241,469$ (558,531)$ Interest Revenue 200 20 109 (91) Total revenues 800,200$ 47,299$ 241,577$ (558,623)$ EXPENDITURES Current: Public Safety 1,117,262$ 1,303$ 554,606$ 562,656$ Total Expenditures 1,117,262$ 1,303$ 554,606$ 562,656$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (317,062)$ (313,029)$ Fund balances - beginning 768,794 790,699 Fund balances - ending 451,732$ 477,670$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2014 5 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues SAFER Grant -$ -$ -$ -$ Bulletproof Vest Program - - - - Byrne-JAG Grant - - - - GDCC Mini Grants - - - - GEMA Grant - - - - FRESH Grant - - 10,000 10,000 Interest Revenues - 0 2 2 Total revenues -$ 0$ 10,002$ 10,002$ EXPENDITURES Current: General Administration -$ -$ -$ - Police - - - - Fire - - - - Parks & Recreation - - - - Total Expenditures -$ -$ -$ -$ Excess of revenues over expenditures - 0 10,002 10,002 OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances - 10,002 Fund balances - beginning - - Fund balances - ending -$ 10,002$ City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2014 6 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 55,000$ 5,469$ 20,272$ (34,728)$ Total revenues 55,000$ 5,469$ 20,272$ (34,728)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ -$ -$ (20,000)$ Transfers out to Special Events Fund 35,000 5,469 20,272 (14,728) Total other financing sources and uses 55,000$ 5,469$ 20,272$ (34,728)$ Net change in fund balances - - Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2014 7 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 65,000$ 1,395$ 24,266$ (40,734)$ Sidewalk Replacement Account - - - - Crabapple Paving Fee - - - - Traffic Calming - - - - Tree Recompense - - - - Landfill Host Fees 80,000 - 27,982 (52,018) HYA Fees - 4,413 4,413 4,413 Interest Revenue 3,000 138 928 (2,072) Realized Gain or Loss on Investments - - - - Insurance Proceeds/Public Safety - - - - Insurance Proceeds/Public Works - - - - Atlanta HIDTA Stipend - - - - Capital Lease Proceeds - - - - Total revenues 148,000 5,945$ 57,589$ (90,411)$ EXPENDITURES Capital Outlay City Council 36,070$ -$ 11,497$ 24,573$ Police 2,331,523 2,886 143,021 2,188,502 Fire 1,438,530 - - 1,438,530 Public Works 7,313,241 30,119 1,584,352 5,728,889 Parks & Recreation 1,746,290 - 195,210 1,551,080 Community Development 113,948 - 400 113,548 Total Capital Outlay 12,979,602$ 33,005$ 1,934,480$ 11,045,122$ Excess of revenues over expenditures (12,831,602) (27,060) (1,876,892) (11,135,533) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 4,151,071$ 345,923$ 1,729,613$ (2,421,458)$ Unallocated (125,216) - - 125,216 Total other financing sources and uses 4,025,855 345,923 1,729,613 (2,296,242) Net change in fund balances (8,805,747) (147,279) Fund balances - beginning 8,960,703 8,960,703 Fund balances - ending 154,956$ 8,813,424$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2014 8 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT Crabapple Streetscape 500,000$ -$ -$ (500,000)$ LMIG Funds - - 275,873 275,873 GDOT HPP Funds 7,262,878 34,766 34,766 (7,228,112) LCI Funds - - - - GA Urban Forestry Grant - - - - MARTA Grant 177,355 - - (177,355) Deerfield @ Morris Grant - - - - SR 9 @ Bethany Bend Grant 60,000 - - (60,000) GDOT-Signage/Landscaping 4,062 - - (4,062) Interest Revenues 800 30 148 (652) Total revenues 8,005,095$ 34,796$ 310,788$ (7,694,307)$ EXPENDITURES Capital Outlay Public Works 8,682,362$ 11,334$ 318,941$ 8,363,421$ Community Development 7,190 - - 7,190 Total Capital Outlay 8,689,552$ 11,334$ 318,941$ 8,370,611$ Excess of revenues over expenditures (684,457) 23,463 (8,153) 676,304 OTHER FINANCING SOURCES (USES) Transfers out to General Fund (20,000)$ -$ -$ (20,000)$ Total other financing sources and uses (20,000)$ -$ -$ (20,000)$ Net change in fund balances (704,457) (8,153) Fund balances - beginning 705,087 705,087 Fund balances - ending 630$ 696,933$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2014 9 HOME OF' A/t1-LT0N111Pk ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 7, 2014 FROM: City Manager AGENDA ITEM: Approval of an Agreement for Vehicle Maintenance and Repairs between the City of Milton and Cherokee Ford Lincoln of Alpharetta, LLC, MEETING DATE: Monday, March 17, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: XAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES () NO CITY ATTORNEY REVIEW REQUIRED. YES () NO APPROVAL BY CITY ATTORNEY ( APPROVED () NOTAPPROVED PLACED ON AGENDA FOR. REMARKS 011114 11 © YouE PHONE: 678.242.2500 j FAX: 678.242.2499 info@cityofmiltongams I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 GFOOn 4v Community Certified * rop iuu � Ethics f Page 1 of 2 To: Honorable Mayor and City Council Members From: Matt Marietta Date: Submitted on February 27, 2014 for the March 17, 2014 Regular Council Meeting Agenda Item: Approval of an Agreement for Vehicle Maintenance and Repairs between the City of Milton and Cherokee Ford Lincoln of Alpharetta, LLC. ____________________________________________________________________________ Department Recommendation: Approve the contract with Cherokee Ford Lincoln of Alpharetta, LLC for fleet maintenance for city-owned vehicles. Executive Summary: The City of Milton has no maintenance facilities for the fleet of police, fire, and general administrative vehicles. After a thorough Request for Proposal and vetting process (13-CM02), Cherokee Ford Lincoln of Alpharetta, LLC (hereinafter “Cherokee Ford”) was selected as one of Milton’s providers, specifically for major repairs, warranty work, and other major services. This contract establishes a contractual relationship with Cherokee Ford that aligns with the calendar year and carries a three year renewal with the contracted terms. This contract will not involve fire apparatus which are serviced by a specialty vendor. Funding and Fiscal Impact: The funding for this project is anticipated in the City of Milton’s annual budget as the already established vehicle maintenance line item(s) in each department’s portion of the budget. As such, this contract in and of itself represents no additional financial expense beyond what has previously been budgeted. Alternatives: There are no reasonable alternatives for a city Milton’s size. Legal Review: Paul Higbee - Jarrard and Davis, LLC (February 11, 2014) Concurrent Review: Page 2 of 2 Chris Lagerbloom, City Manager Stacey Inglis, Assistant City Manager Rick Pearce, Purchasing Manager Attachment(s): Agreement for Vehicle Maintenance and Repairs HOME OF MILI0N AGREEMENT FOR VEHICLE MAINTENANCE AND REPAIRS THIS AGREEMENT is effective as of this day of , 201J by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its overnin authority, the Mayor and Council of the City of Milton ("City"), and "S— - -� ("Contractor"), collectivoely referred to as the "Parties." WITNESSETH THAT. WHEREAS, the City desires to retain Contractor to provide certain services generally described as maintenance and repair of City of Milton vehicles (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 Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, the Contractor 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. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, together with other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows. L SCOPE OF SERVICES AND TERMINATION DATE A. ProjectDescrfptio This Agreement, which is noxa -exclusive, is far the maintenance and repair of City of Milton Department vehicles. B. The Work The Work to be completed under this Agreement (tlie "Work") shall consist of the vehicle maintenance items Iisted on Exhibit 'A " attached hereto and incorporated herein by reference. Page 1 C. Schedule, Completion Date, and Term of Agreement Contractor 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 terminate without renewal three (3) years after the date of execution. Because the Term of this Agreement is longer than one year, the Parties agree that this Agreement, as required by O.C.C.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January I of each subsequent calendar year absent the City's provision of written notice of non -renewal to Contractor at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. II. 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 Contractor and the City. Such change orders shall specifij 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 Contractor 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 Contractor. III. COMPENSATION AND METHOD OF PAYMENT Contractor shall be paid fees for services in accordance with the Vehicle Maintenance Price Schedule in Exhibit "A," provided that Contractor may increase such fees commensurate with increases in the cost actually incurred by Contractor for related goods supplied to the City upon the City and the Contractor mutually agreeing in writing to any such increase in price before charges are incurred. In addition to the services described in Exhibit 'A" the City from time to time may request that Contractor perform services not described in Exhibit "A," and the compensation paid by the City to Contractor for such services shall be at the rate of $S5.00 per hour, plus manufacturer's costs actually incurred by Contractor (including a ten percent uplift) for any goods provided to the City by Contractor in association with such services, City agrees to pay the Contractor for City approved services performed and costs incurred by Contractor upon certification by the City that the services were actually perforated and costs actually incurred in accordance with the Agreement. Compensation for services performed and reimbursement for costs incurred shall be paid to the Contractor 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 Iike 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 Page 2 II above. The City shall pay the Contractor within thirty (30) days after approval of the invoice by City staff. No payments will be made for unauthorized work. Invoices should be submitted monthly to City of Milton 13000 Deerfield Parkway Suite 107G Milton, GA, 30004 for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. IV. COVENANT'S OF CONTRACTOR A. Expertise of Contractor Contractor 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, skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. B. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. C. City's Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon mutters of expertise of the Contractor and that, therefore, the City hears no responsibility for Contractor's services performed under this Agreement. T7w Contractor acknowledges and agrees that the acceptance of designs, plans, and specifications by the City is Iimited 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 Contractor's performance. Contractor further agrees that no approval of designs, plans, or specifications by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. D. Contractor's Reliance af Submissions by the Ci Contractor must have timely information and input from the City in order to perforin the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. Page 3 E. Contractor's R resentative ` ^f` ssp`""1_ A4tl �6044shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. F. Asst mens offtjreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate or subcontract any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them and the City shall have no obligation to them. G. RMonsibility of Contractor and Indemni xcation of ON The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees, servants, volunteers and agents (hereinafter referred to as "City Parties") from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to, attorney's fees and costs of defense, (hereinafter "Liabilities") which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of the City or City Parties. 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 City Parties, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by fie Contractor or subcontractor or anyone for whose acts the Contractor 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 the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the City and City Parties shall sur -give expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions that occurred during the performance of this Agreement. IL Independent Contractor Contractor 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 Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed, the instrumentalities, tools, supplies andjor materials necessary to complete the services, hiring of Contractors, 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 Contractor agrees to be solely responsible for its own acts Page 4 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 Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. L Insurance (1) Requirements: T7re Contractor 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 f om or in connection with the performance of the Work by the Contractor, 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: Contractor 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 therefrom. (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 Ioss of use resulting therefrom. (c) 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 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 Contractor; products and completed operations of the Contractor, premises owned, leased, or used by the Contractor; ---- - Page 5 automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor'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 Contractor'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 Contractor'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. T7:ere 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 Contractor for the City. (zni) 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 Contractor 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. Page 6 (6) Verification of Cows w: Contractor 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 hind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor'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 Contractor 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: Contractor 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: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is Inter. (9) Ci!y las Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. I Empin!ment of Unauthorized Aliens Prohibited: E -Verify Affidavit 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: (1) the Consultant shall provide evidence on City provided forms, attached hereto as Exhibits `B" and "C" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant's subcontractors have conducted a verification, under the federal Employment Eligibility Verifcation ("EEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E - Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed; or A. Page 7 (2) the Consultant provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "B ", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform. and Control Act of 1986 (IRCA), P.L. 99-603, D.C.G.A. § 13-10.91 and Rule 300-10-1-.02. In the event the Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, the Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with G.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "C", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Consultant is required to provide an affidavit pursuant to G.C. G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Consultant's and Consultant's subcontractors' verification process at any time to determine that the verification was correct and complete. The Consultant and Consultant's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years fallowing completion of the contract. Further, where Consultant is required to provide an affidavit pursuant to G. C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Consultant and Consultant's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Consultant or Consultant's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Consultant's failure to 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 Clty thereby. Consultant agrees that the employee -number category designated below is applicable to the Consultant. [.Information only required if a contractor affidavit is required pursuant to O. C. G.A. § 13-I0-91.1 500 or more employees. 100 or more employees. Fewer than 100 employees. Page 8 Consultant hereby agrees that, in the event Consultant employs or contracts udth any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Consultant will secure from the subcontractor(s) such subcontractor(s) indication of the above employee -number category that is applicable to the subcontractor. K Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be 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 Contractor 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 time 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. Vie Contractor 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 cozvred by this Agreement, L. Cnnlicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Ethics Ordinance. M. Confidentiality Contractor 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, Page 9 Contractors, andjor staff to likewise protect such confidential information. 'The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the clews media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. N Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the Iike required of the Contractor 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 Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. O. 5ubcontractor5 Contractor shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the City. Contractor shall be solely responsible for any such: subcontractors in terms of performance and compensation. P. Authori4 to Contract The Contractor 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 Contractor to the terms of this Agreement, if applicable. Q. 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 Contractor ("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 Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor 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 Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. R Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipmen t, or workmanship appearing within one year from the date of Work. S. Nondiscrimination Page to In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disabdaty. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section IV(R) in every subcontract for services contemplated under this Agreement V. COVENANTS OF THE CITY A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment to the applicable City facilities, in order for Contractor to complete the Work. B. City's Representative Officer Scott Mulvey shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative W. TERMINATION A. Either party may terminate this Agreement for convenience by providing written notice thereof at least thirty (30) calendar days in advance of the termination date. B. Upon termination, City shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination date. C. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise, and (2) promptly deliver to the City all zvhicles, data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor 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 Contractor 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 Contractor 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 Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor'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 Contractor or the City, respectively, and not against any employee, officer, director, or elected or appointed official. Page 11 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 Inj a written document signed by representatives of both Parties with appropriate authorization. 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, provided that no party may assign this Agreement without prior written approval of the other party, 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. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia. XL CAPTIONS AND SEVERABILITY The captions or headnotes 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. NOTICES A. Communications Relatin to Daily Activities All communications relating to the day-to-day activities of the Work shall be exchanged between Officer Scott Mulvey for the City and J ►err+ A for the Contractor. B. 062cial 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 cerfrfred 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: N077CE TO THE CITY s611 be sent to. Page 12 City of Milton 13000 Deerfield Parkway, Suite 107g Melton, Georgia 30004 NOTICE TO THE CONTRACTOR shall be sent to: XIII. WAIVER OF AGREEMENT No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City's right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. XIV. 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. XV. FORCE MAJEURE Neither the City nor Contractor 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 andjor agents of Contractor, Q) 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. XVI NO THIRD PARTY RIGHTS This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. IN WITNESS WHEREOF the City and the Contractor have executed this Agreement effective as of the date the City Manager executes this Agreement on behalf of the City. [INSERT CONTRACTOR NAME]: D?-rL.-, R til 65 t Page c/ 13 SIGNED, SEALED, AND DELIVERED in the presence of Witness Notary Public [NOTARY SEAL] My Commission Expires: 1' 130h 7 SIGNED, SEALED, AND DELIVERED in the presence of Witness Notary Public [NOTARY SEAL] My Commission Expires: [AFFIX CORPORATE SEAL] CITY OF MILTON By: Its: Fags '14 [CITY SEAL] EXHIBIT HOME OF `THEBEST QUALITY OF LIFE IN GEORGIA'LTON' M1 ESTABLISHED 2006 CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: RFP Title: 13-CM02a FY13 Police/City Vehicle Maintenance Services (re -issue) Due Date and Time: 13000 Deerfield Pkwy, Suite 107ti June 20th, 2013 Number of Pages: 41 Local Time: 2:00pm Office ISSUING DEPARTMENT INFORMATION Issue Date: May 20th, 2013 City of Milton Phone: 578-242-2500 13000 Deerfield Pkwy, Suite 107ti Fax: 678-242-2499 Milton, Ga. 30004 Website: www.cityofmiltonga.us INSTRUCTIONS TO OFFERORS Return Proposal to: Mark Face of Envelope/Package: Offeror Phone Number: RFP Number: 13-CM02a City of Milton Name of Company or Firm Attn: Rick Pearce, Purchasing Special Instructions• Office Deadline for Written Questions 13000 Deerfield Pkwy June 5th, 2013 Suite 107G Email questions to Rick Pearce at Milton, Ga. 30004 rick.yearce(&,citvofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Bus iness 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 © You PHONE: 678.242.25001 FAX: 678.242.2499 Green -0i' * C,rtifwd Infoftityofmlltongo.us I www.cityofmlltonga.us Community i cErhi a , 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 CERTrt:E❑ 13RLINZE- '��'oF 2 1 RFP 13-CM02a TABLE OF CONTENTS Offeror's RFP Checklist Disclosure Form Proposal Letter Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Project Section 4: Offeror Qualifications Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Standard Contract 3 1 RFP 13-CN102a 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 forinal "addenda" issued for the RFP. All addenda issued for an RFP are posted on the City's website at http://www.cityofmiltonga.us 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. 5. 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 submittals 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 website for RFP addenda. Before submitting your response, check the City website at http://www.cityofmiltonga.us_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 submittal responses are never accepted. This checklist is _provided for assistance only and should not be submitted with offeror's Response. 4 1 RFP 13-CM02a HOME DF 'THEBEST Qi1Ai 1iY OF LIFE IN GEORGIA' M1 LTON' E D 2006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL 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: 5 1 RFP 13-CM02a HOME QF `THEBEST QUALITY OF LIFE IN GEORGIA' M1 LTON' k1 ESTABLISHED 2006 RFP# 13-CM02a 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) - FYI Police/City Vehicle Maintenance Services (re -issue). 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 Print/Type Name Print/Type Company Name Here Date 6 1 RFP 13-CM02a SCHEDULE OF EVENTS EVENT RFP Issue Date Deadline for Receipt of Written Questions Posting of Written Answers by City to Websites RFP DUE City of Milton Rick Pearce 13000 Deerfield Parkway, Suite 107G Milton, GA 30404 DATE May 20th, 2013 5 PM on June 6th, 2013 on or about June 11th, 2013 No Later than 2 PM on June 20th, 2013 NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. 7 1 RFP 13-CM02a SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT **The City of Milton is re -issuing the Police/City Vehicle Maintenance Services RFP. If you submitted a proposal for the original RFP (13-CM02), you do not have to resubmit. The city will evaluate your original submittal as your offer. However, anyone meeting the requirements can respond to 13-CM02a. The only difference between 13-CM02 and 13- CM02a, excluding the schedule of events, is the followinZ: "The awarded contractor must be located within four (4) Miles of City Hall located 13000 Deerrield Parkway, Milton GA 30004"** The City of Milton is accepting sealed Proposals from independent contractors with demonstrated professional competence and experience to provide for the fleet vehicle maintenance services as specified in the scope of services (Section 3). The awarded contractor must be located within four L} Miles of City Hall located 13000 Deerfield Parkway, Hilton Gni 30004 and have a location of suitable size and personnel to handle the repair and maintenance of the fleet vehicles without undue delay. The City of Milton may and prefers to award multiple non-exclusive contracts. However; The City reserves the right to award the RFP to one Contractor if needed. The City desires a 3 year agreement which is renewed yearly. A list of existing city vehicles are attached herein as examples only. The number, make/model and composition may change without prior notice. The selection will be based on overall price, services, performance and reliability of the proposers. It is the intent to award this RFP to "Full Service Providers". The City reserves the right to award a specific service (i.e. Tires) to an offeror if it is in the best interest of the City. The City's needs are outlined in the following Request for Proposal ("RFP"). 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 is selected, offerors 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: 13000 Deerfield Parkway, Suite 107G, Milton, GA 30004 Telephone Number: 678-242-2511 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 of this RFP. 8 1 RFP 13-CM02a B. Form of Questions. 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 June 6th. 2013. 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 lune 11 th. 2013. 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 http://www.cityofmiltonga.us. 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 written/e-mailed questions or with the 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. 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 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 Reserved 1.4 SUBMITTING A PROPOSAL A. Submittal R uirements. Proposals shall include the following. 1. City of Milton request for proposal cover page (information entered and signed: 9 1 RFP 13-CM02a first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. Pricing and Hours of operation (See Section 5) 5. References (Any form acceptable) b. Subcontractors list(Any form acceptable) 7. Proof of certification for Mechanics (Any form acceptable) 8. 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. Copies Required and Deadline for Receipt of Proposals. One original and two (2) copies of each proposal (plus a CD) should be provided to the City. Proposals must be received at the receptionist's desk prior to 2:00 PM, local time, June 20th, 2013. City of Milton Rick Pearce 13000 Deerfield Parkway, Suite 107G Milton, GA 30004 Emailed or faxed responses to requests for proposals are not acceptable. Proposals will be opened at approximately 2:05 pm 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. Understanding of Specifications 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 10 1 RFI' 13-CM02a 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. SECTION 2: RFP STANDARD INFORMATION 2.4 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 of 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 (q) 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 11 j RFP 13-CM02o 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. S. 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. Completeness 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 discussionlnegotiation 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 Discuss ion/Negotiation and/or Oral Presentation/Product Demonstration. 12 1 RFP 13-CM02a 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 be 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 offeror'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 be 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. Request 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. 1. 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(s) 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: 13 1 RFP t 3 -CN 020 I . Cancel or terminate this RFP at any time, Z. 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 best 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 1 RFP 13-CM02cs SECTION 3: SCOPE OF PROJECT Vehicles to he serviced (Subject to Chang„e,. Year Make Model Police 2012 Ford Ex lorer 2007 Ford P71 Crown Victoria - Blue 2007 Ford P71 Crown Victoria - Silver 2007 Ford P71 Crown Victoria - Charcoal 2011 Ford Ford Fusion 2007 Ford 119 Expedition XLT 4x2 2007 Ford Police Crown Vic 4DR 2007 Ford Police Crown Vic 4DR 2009 Ford Police Crown Vic 4DR 2007 Ford Police Crown Vic 4DR 2007 Ford Police Crown Vic 4DR 2007 Ford Police Crown Vic 4DR 2007 Ford Police Crown Vic 4DR 2007 Ford Police Crown Vic 4DR 2007 Ford Police Crown Vic 4DR 2007 Ford Police Crown Vic 4DR 2007 Ford Police Crown Vic 4DR 2007 Ford Police Crown Vic 4DR 2007 Ford Police Crown Vic 4DR 2007 Ford Police Crown Vic 4DR 2007 Ford Police Crown Vic 4DR 2007 Ford Police Crown Vic 4DR 2007 Chevrolet Tahoe 2007 Ford P71 Crown Victoria - Black 2008 Ford Crown Victoria - Black 2010 Ford Explorer 2010 Ford Explorer 2010 Ford Police Interceptor 4DR 2010 Ford Police Interceptor 4DR 2011 Ford Crown Victoria - Black 2011 Ford Crown Victoria - Black 2013 Ford Taurus SD 2013 Ford Taurus SD 2013 Ford Taurus SD 2013 Ford Taurus SD 2013 Ford Taurus SD 2013 Ford Taurus SD 2013 Ford Taurus SD 15 1 RFP 13-GM02a 2013 Ford Taurus SD Other 2007 Ford 119 Expedition XLT 4x2 2008 Ford Explorer 2012 Ford Expedition 2007 Ford F250 2010 Ford F150 2007 Ford Police Interceptor 4DR 2010 Ford F250 2010 Ford F250 2010 Ford Explorer 2008 Ford Ranger 2007 Ford Fusion 2007 Ford Ranger 2010 Ford Ranger 2007 Ford Police Interceptor Service requirements include but not limited to the followiniz: Regular Oil change Synthetic oil change Transmission flushes Coolant Flush Transmission replacement Tune Up (wires, plugs) Fuel rail Air filter Mass air flow sensor Abs Module Radiator Replacement Goodyear Eagle RS -A 245-55-R18 Firestone Pursuit 235-55-R17 Front Control Arm Shocks and Struts Battery Replacement Misc. Bulbs (headlights, taillights, blinkers) Windshield wipers Brakes Rotors Ac Fan motor Ac FIush 16 ! RFP 13-CM02a All -wheel drive System Alternator Coolant Fan 100,000 mile service Time requirements below are from arrival to departure [Priority Service]: Oil changes 25 minutes or less. Tires installed, balanced and aliened 45 minutes or less. All lights checked on every service call (except light bar/emergency lights) and repaired. Transmission flush completed in 45 minutes or less. All other services "as soon as possible". 17 1 RFP 1 3-CMQ2a SECTION 4: OFFEROR QUALIFICATIONS 4.4 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. IS I RFP 13-CM02a SECTION 5: COST PROPOSAL AND HOURS OF OPERATION HpME pF 'fiHEBEST QUALITY OF LIFE IN GEORGIA' M1 LTON% ESTAB L —IS F3ED 2006 - MUST BE RETURNED WITH BID 13-CMQ2a The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid documents, all laws, regulations, and other factors affecting performance of the work, and having satisfied itselflhimselflherself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by bidder. The quantities listed below are estimates. The actual price will be the actual quantities multiplied by the "fixed cost per unit" listed below plus any hourly service requirements. Please fill out the "Fixed Cost Per unit" column below and return with proposal. (See attached Schedule) 19 1 RFP 13-CM02a In addition to the above services, Please fill out the fallowing rate per hour schedule for services not covered above: Business hours rate $ After hours rate $ Service requirements Estimated Yearly Quantity Fixed Cost per unit Total Regular Oil change < 25 minutes 120 Synthetic oil change < 25 minutes 40 Transmission flushes 5o Coolant Flush 30 Transmission replacement 8 Tune Up (wires,plugs) 50 Fuel rail 15 Airfilter 50 Mass air flow sensor 12 Abs Module 12 Radiator Replacement 14 Goodyear Eagle RS -A 245-55-R18 < 45 minutes perset 80 Firestone Pursuit 235-55-1117 < 45 minutes perset 80 Front Control Arm 5 Shocks and Struts 10 Battery Replacement 20 Bulbs Headlight 25 Bulbs taillights So Bulbs blinkers 50 Windshield wipers 80 Brakes 50 Rotors 10 Ac Fan motor 10 Ac Flush 10 All wheel drive System 10 Alternator 10 Coolant Fan 10 100,000 mile service 35 Grand Total In addition to the above services, Please fill out the fallowing rate per hour schedule for services not covered above: Business hours rate $ After hours rate $ Zo 1 RFS' ] 3-CM02a Please describe your hours of operation and how it meets our priority service requirements: Company Name Authorized Signature Print/Type Naive Print/Type Title Date 21 1 RFP 13-C M02a SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the offers according to the criteria listed below. Proposals not meeting the minimum technical requirements and those who are non-responsive will not be considered. Positive or negative City of Milton experiences are part of the evaluation. Lack of service experience with the City is not a detriment to the evaluation as long as positive references and experiences can be produced. The City reserves the right to test service at any vender shop for evaluation purposes. Location evaluation is determined by proximity to City I fall. The City may request short-listed proposers to meet with City Staff for evaluation purposes. Proposal Evaluation Criteria Ability, Location, Hours of Operation, References, Services experience, Performance reliability, and City of Milton experience (if any) 50% • Price (Section 5.0) 50% 22 1 RFP 13-CM02a 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 consultant 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 Consultant 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 Consultant. 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 sample contract. 7.4 COMPLIANCE WITH WORKERS' COMPENSATION ACT The Consultant 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 Consultant nor its employees are employees of the City. The proof of insurance/exemption must be received by the City of Milton within 10 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. 23 1 RFP 13-CM02a 7.5 COMPLIANCE WITH LAWS The Consultant 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 Act of 1975, the Americans with Disabilities Act of 1990, and Section 564 of the Rehabilitation Act of 1973. Any subletting or subcontracting by the Consultant subjects subcontractors to the same provision. The Consultant 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 sample contract. 24 1 RFP ] 3-CM02a Appendix A HOM E OFF E SSASi [5t i E ❑ ]0.1G This is for reference only. Do not return with Proposal This agreement is subject to change by the City of Milton. AGREEMENT FOR VEHICLE MAINTENANCE AND REPAIRS THIS AGREEMENT is effective as of this day of .201 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 ("Contractor"), collectively referred to as the "Parties." WITNESSETH THAT: WHEREAS, the City desires to retain Contractor to provide certain services generally described as maintenance and repair of City Department vehicles (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 Contractor has represented that it is qualified by training and experience to perform the Work, and WHEREAS, the Contractor 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. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, together with other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Project Description This agreement, which is non-exclusive, is for the maintenance and repair of City Department vehicles. B. The Work 25 1 RFP 13-CM02a The Work to be completed under this Agreement (the "Work") shall consist of the vehicle maintenance items listed on Exhibit "A," attached hereto and incorporated herein by reference. C. Schedule, Completion Date, and Term of Agreement Contractor 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 'If the Term of this Agreement is longer than one year, the Parties agree that this Agreement, as required by D. C. G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on December 31 each calendar year of the Terni, and further, that this Agreement shall automatically renew on January T of each subsequent calendar year absent the City's provision of written notice of non -renewal to Contractor at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. II. 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 Contractor 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 Contractor 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 Contractor. III. COMPENSATION AND METHOD OF PAYMENT Contractor shall be paid fees for services in accordance with the Vehicle Maintenance Price Schedule in Exhibit 'A," provided that Contractor may increase such fees commensurate with increases in the cost actually incurred by Cantractor for related goods supplied to the City upon the City and the Contractor mutually agreeing in writing to any such increase in price before charges are incurred. The City shall make individual requests for services to Contractor in writing. In addition to the services described in Exhibit "A," the City from time to time may request in writing that Contractor perform services not described in Exhibit "A," and the compensation paid by the City to Contractor for such services shall be at the rate of $ .00 per hour, plus manufacturer's costs actually incurred by Contractor for any goods provided to the City by Contractor in association with such services. City agrees to pay the Contractor for City approved services performed and costs incurred by Contractor 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 be paid to the Contractor 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 25 1 RFP ] 3-CM02a 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 Contractor within thirty (30) days after approval of the invoice by City staff. No payments will be made for unauthorized work. invoices should be submitted monthly to City of Milton 13000 Deerfield Parkway Suite 107G Milton, GA, 30004 for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. IV. COVENANTS OF CONTRACTOR A. Expertise of Contractor Contractor 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, skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. B. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. C. City's Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that, therefore, the City bears no responsibility for Contractor's services performed under this Agreement. The Contractor 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 Contractor's performance. Contractor further agrees that no approval of designs, plans, or specifications by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. D. Contractor's Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. E. Contractor's Representative 27 1 RFP 13-CM02a shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. F. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate or subcontract any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them and the City shall have no obligation to them. G. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees, servants, volunteers and agents (hereinafter referred to as "City Parties") from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to, attorney's fees and costs of defense, (hereinafter "Liabilities") which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified Hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of the City or City Parties. 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 City Parties, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor 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 the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the City and City Parties shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions that occurred during the performance of this Agreemen t. H. Independent Contractor Contractor 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 Contractor 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 Contractors, 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 Contractor 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 Contractor as to the 28 1 RFP 13-CM02a details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of [lie City with regard to the results of such services only. I. Insurance (1) I�e_quirements: The Contractor 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 Contractor, 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: Contractor 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 therefrom_ (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) 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 CoveraV. (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 Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. 29 I RFP t 3-CM02a (ii) The Contractor'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 Contractor'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 Contractor'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 behaV" 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 Contractor 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 Contractor 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: 30 1 RFP i 3-C M02ci Contractor 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 beha f The certificate of insurance and endorsements slidll be on a form utilized by Contractor'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 Contractor 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: Contractor 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. (8) CIainis-Made Policies: Contractor shall extend any claims -made insurance policy for at Ieast 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. T Employ rray exit of _Unauthorized Aliens Prohibited (1) E -Verify Affidavit It is the policy of City that unauthorized aliens shall not be employed to perform work on Cihj 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 'B" and "C" {affidavits regarding compliance with the E-Verifij program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "B", and submitted such affidavit to City. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractors compliance with O.C.G.A. § 13-10-91 and Rule 300- 10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "C", and such subcontractor affidavit shall become part of the contractor/subcontractor 31 j RFP 13-CM02a agreement. Further, Contractor agrees to provide completed copies of Exhibit "C" to the City within five (5) business days of receipt from any subcontractor. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. The City Manager or his/her designee shall further be 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 their 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 report same to the Department of Homeland Security. The Contractor's failure to 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. Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. 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 hereto as Exhibit "B" and incorporated herein by this reference. 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. (2) SAVE Affidavit and Secure Verifiable Document Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Contractor's legal status in the Country each time that Contractor obtains a public benefit, including any contract, from the City. Contractor hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to 0. C.G.A. § 16-10-71), a form of which is attached hereto as Exhibit "D", and submitted such affidavit to the City in person, electronically, or by mail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Contractor's legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1). K. Records Re arts and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained 32 1 RFP i 3-CM02a 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 Contractor 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 time 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 Contractor 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. Con licts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Ethics Ordinance. M. Confidentiality Contractor 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, Contractors, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organizations, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. N. Licenses Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor 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 Contractor under this Agreement shall be in accordance 33 1 RFP 13-CM02a with applicable legal requirements and shall meet the standard of qualihy ordinarily expected of competent professionals. O. Subcontractors Contractor shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the City. Contractor shall be solely responsible for any such subcontractors in terms of performance and compensation. P. Authority to Contract The Contractor 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 Contractor to the terms of this Agreement, if applicable. Q. 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 Contractor ("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 Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor 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 Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. r. Warran Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment or workmanship appearing within one year from the date of Work. V. COVENANTS OF THE CITY A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment to the applicable City facilities, in order for Contractor to complete the Work. B. City's Representative shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative VI. TERMINATION A. Either party may terminate this Agreement for convenience by providing written notice thereof at least thirty (30) calendar days in advance of the termination date. 34 1 RFP 13-CM02a B. Upon termination, City shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination date. C. Upon termination, the Contractor shall: (I) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all vehicles, data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor 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 Contractor 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 personalty liable to the Contractor 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 Contractor or successor or on any obligation under the terms of this Agreement. Likezvise, Contractor's performance of services under this Agreement shall not subject Contractor'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 andlor asserted only against Contractor or the City, respectively, and not against any employee, officer, director, or elected or appointed official. NII. 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. IX. 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, provided that no party may assign this Agreement without prior written approval of the other party. 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. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia. Xi. CAPTIONS AND SEVERABILITY The captions or headnotes 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 35 1 RFP 13-CM02a Agreement should be severed and the remainder of this Agreement shall remain in full force and effect to the extent possible. XII. NOTICES A. Communications Relating to Daily Activities All communications relating to the day-to-day activities of the Work shall be exchanged between for the City and for the Contractor. 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: (I) 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: N077CE TO THE CITY shall be serif to: Budget and Procurement Coordinator City of Milton 13000 Deerfield Parkway, Suite 107g Milton, Georgia 30004 NOTICE TO THE CONTRACTOR shall be sent to: XIII. WAIVER OF AGREEMENT No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City's right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. XIV. SOVEREIGN IMMUNITY Nothing contained in this Agreenrent shalt be construed to be a waiver of fire City's sovereign immunity or any individual's qualified good faith or officiai ilmnu nihes. XV. FORCE MAJEURE Neither [lie City nor Contractor shall be liable far their respective non -negligent or noxa -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 36 1 RFP 3 3-CM02a 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 Contractor; (0 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. XVI. NO THIRD PARTY RIGHT'S This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. IN WITNESS WHEREOF the City and the Contractor have executed this Agreement effective as of the date the City Manager executes this Agreement on behalf of the City. [INSERT CONTRACTOR NAME]: M [AFFIX CORPORA TE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of. Witness Notary Public [NOTARY SEAL] My Commission Expires: CITY OF MILTON By: Its: SIGNED, SEALED, AND DELIVERED in the presence of [CITY SEAL] 37 1 RFP 13-CM02a Witness Notary Public [NO AR Y SEAL] My Commission Expires: 38 1 RFP 13-CM02a Exhibit A [ATTACHED] 34 1 RFP 13-CM02a STATE OF GEORGIA CITY OF MILTON EXHIBIT "B,. 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. Die 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 unth 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 "C." 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 I Basic Pilot Program User Identification Number BY. Authorized Officer orAgent Date [NAME OF CONTRACTOR] Title of Authorized Officer or Agent of Contractor Printed Name ofAuthorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 201 Notary Public My Commission Expires: 40 1 RFP 13-CM02a STATE OF GEORGIA CITY OF MILTON EXHIBIT "C" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with 0.CG.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 [INSERT CONTRACTOR NAME] 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/Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date IINSERT SUBCONTRACTOR NAME] Title of Authorized Officer or Agent of Subcontractor Printed Nance of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 201 Notary Public My Commission Expires: 41 1 RFP 13-CM02a STATE OF GEORGIA CFFY OFMILTON EXHIBIT "D" SA VE AFFIDA VTT By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in O.C.G.A. § 50-36-1, from the City of Milton, the undersigned applicant verifies one of the following with respect to my application for a public benefit: 1) I am a United States citizen_ 2) I ant a legal permanent resident of the United States. 3) I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: The undersigned applicant also hereby vermes that lie or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 201 NOTARY Pi IBLIC My Commission Expires: (city), (state). Signature of Applicant Printed Name of Applicant HOME OF 'THE sl s -r QUALITY OF LIFE IN GEORGIA' I LTO_N%� ESTABLISHED 2006 CITY QF-MILTON=REQUEST FOR. PROPOSALS (THIS,IS. NOT AN ORDER) RFP Number: 13-CM02 Due Date and Time: April 4th, 2013 Local Time: 2:00nm RFP Title: FY13 Police/City Vehicle Maintenance Services Number of Pages: 40 ISSUFNG DEPARTMENT INFORMATION Issue Bate: March 4th, 2013 City of Milton Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107G Fax: 678.242-2499 Milton, Ga. 30004 Website: www.cityofnailtonga.us INSTRUCTIONS TO OFFERORS. Return Proposal to: Mark Face of Envelope[Package: PHONE: 578.242.2500 [FAX: 678.242.2499 rticenwean w ""�R RFP Number: 13-CM02 City of Milton Name of Company or Firm Attn: Rick Pearce, Purchasing Special Instructions: Office Deadline for Written Questions 1.3000 Deerfield Pkwy March 18th, 2013 Suite 107G Milton, Ga. 30004 Email questions to Rick Pearce at rick. vearc ci ofmilton a.us IMPOR.TANT::-SEE. STANDARD TERMS .AND..CONDITI.ONS- ` OFFERORS MUST COMPLETE THE FOLLOWING &f�� melB&in mss: Authorized Offeror Signatory: k5-115 CY1 i4r-1 �ri.L "i7 (Piease print name and si in ink) Offeror Phone Number: Offeror FAX Number: '7z, - 1_S9--S1(oq -I . -5(93 Offeror Federal I.D. Number: Offeror E-mail A dress: 2.7_ v4co 17341:) OFFERORS MUST RETURN THIS CODER: SHEET WITII;RFP.RESP0NSE PHONE: 578.242.2500 [FAX: 678.242.2499 rticenwean w ""�R ��� en Community �Cenified info@cityofmiltonga.us i www.c1tyofm11tonga.us Erhlcsf a 13000 Deerfield f'arkwuy. Strife 107 1 Milton GA .34004 -LEER f;r f:0 6 002 is k4 ,L�4i� SECTION 5: COST PROPOSAL AND FOURS OF OPERATION HOME OF `THEE BEST QUAVI Y OF LIFE IN GEORGIA' LT0,-N I. I � . ESTAKIS H ED 2006 MUST BE RETURNED WITH SID The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid documents, all laws, regulations, and other factors affecting performance of the work, and having satisfied itselflhitnselflherself of the expense and difficulties attending performance of the work; hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply ati required submittals as indicated or specified in the RFP and the bid documents to he performed or furnished by bidder. The quantities listed below are estimates. The actual price will be the actual quantities multiplied by the "fixed cost per unit' listed below plus any hourly service requirements. Please fill out the "Fixed Cost Per unit" column below and return with ra osal. (See attached Schedule) 18 I RFP 13-CM02 1 In addition to the above services, Please fill out the following rate per lour schedule for services not covered above: Business hours rate S E)CSC5 After hours rate .0 Service requirements Estimated Yearly Quantity Fixed Cost per unit Total Regular Oil change r 25 minutes 120 2-4 •99 Synthetic oil change < 25 minutes 401 ss, 60 .# zze-� Transmission flushes 50 / 2-9 �(�".A G1�t94 r SC Coolant Flush 30 -6 qq , q':T Zgcicit -i Transmission replacement g -a -2�94 Or, 3i,4-4,- 7une Up(wires, plugs) GD . -W /gq:9S 4'tIq 17• CSP Fuel rail 15 -*z9q,em -*4499. mss' Airfilter 5D 'Il 7(.,:V--50 Mass airflow sensor 12 •.ri25 -7-C Abs Module 12 J$f—AS1-')5 Radiator Replacement 14 464,7? r.-1- 1 q4-0 . Goodyear Eagle RS -A 245 -55 -Rig c 45 minutes perset 80 • Firestone Pursuit 235-55-Ri7 X45 minutes perset 8o le Front Control Arm 5 q 5 JO j 4-qq ,"7 Shocks and Struts 10fi 173,.75" Battery Replacement 20 -Ar jaq: q S a4zICM , OC'- GBulbs BulbsHead)ight 25-*-7q.9S 1ge1e' Bulbstai llights 50::nGt,2-7-,Ic , fIto5:60 Bulbs blinkers 50 2 o: 8- 4 104Zi aCl Windshield wipers gp g t(., cacs ,& �Ze'o,OC-> Brakes 50 el 59,q 5' N'7g4J 7.5 Rotors R� 10 �'�3'7.:. r ■. Ac Fan motor 10 & 159. 40 Ac Flush 10 .'101 Z -£3Q. All wheel drive System 10 t-% Id Alternator 10z&499,�S �•g445� Coolant Fan 10 -;q z.���..iy z4(i>q I. q 100,OW mile service 35 01.34?1c, :49 d# 1,399q. Grand Total #; 14 7 In addition to the above services, Please fill out the following rate per lour schedule for services not covered above: Business hours rate S E)CSC5 After hours rate .0 w In addition to the above services, Please fill out the following rate per hour schedule for services not covered abavc: Business hours rate gam= After hours rate $ 08 Service requirements Estimated Yearly Quantity Fixed Cost per unit Total Regular ail change. < 25 minutes 20 fi.:2-4 QO 2 fig, o Synthetic oil change 25 m i nutes 44 .J% .5 . • <'' c> Z2c: • cac Transmission flushes 50 -W /zq , CK? &499.-5-0 Coolant Flush 30 r q,q.q 29cgy, -7 Transmission replacement 8-IKZ4.56._ c -4m, Tune Up (wires,plugs) 60 q Q, i oc-,� Fuel rail 15 `�q.q 1 r` .,$, Airfilter Sol IV IV '74,7� s'b Mass airflow sensor 121z* j qct.; r 3�Gq; 4. Abs Module 12 Ai'7ag,h 1 e3e",32 RadiatorReplace ment 14 :3 8..=��- '•¢-02�3: Goodyear Eagle RS -A 245-S5-Rlg <45 minutes per set 80 r� Ick - Firestone Pursuit 235 -S5 -R17 r45 minutes perset 80 n /c., -- Front Control Arm � 5 ;fo 22'7. i"•2�? }Ir 30. Shocks and Struts �r g.� ri 10 a �' c Battery Replacement 20 x Qcp.,g5' Bulbs Headlight 25 -2,4 o Bu lbs taillights ;o 1zi,.32. Bulbs blinkers 50 -4 2c,,y-7 11 Iba3.50 Windshield wipers go . 'At f 7, 04, Ji134,rr. csr Brakes n a r ►c Icx+� 50 : t6t 15,4 :g5 a�`•74ct 7.5�' Rotors _, rank 10 IV `74 2 1� Ac Fan motor 10 jf 137 `: g-7 137 70 Ac Flush 101'6112=.:8 4V/I2� Ali wheel drive System 101- 0 Alternator Alternator 10.c�ci q�f,4444�ii' Coolant Fan 10. .433.S,io:a 3 •7 100,000 mile service 35 ctI4 -9 Grand Total or232-,5a In addition to the above services, Please fill out the following rate per hour schedule for services not covered abavc: Business hours rate gam= After hours rate $ 08 19 1 RIFP 13-C,,A02 Please describe your hours of operation and how it meets our priority service regUireillents: Company Nance �i.�� Authorized Signature C Printrrype Name . (V,-. Print/Type STATE OF GEORGIA CM OF MILTON EXHIBIT "B" CONSULTANT 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 engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E - Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 1iZ EEV / asic Pilot Program User Identification Number f'z—� BY: Authorized Officer or A ent Date J r [Insert Company Name] VP�[ Qd ,A r N C d i H 40-(- l Title of Authorized Officer or Agent of Contractor er o 1.YCULT Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE IV' DAY OF c JaWA ki _ 201 Ll Notary Public My Commission Expires: J'Diaa] 17 Page 16 STATE OF GEORGIA CITY OF MILTON EXHIBIT "C" 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, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: EEV / 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 . 201_ Notary Public My Commission Expires: Page 17 Workspace Webmail :: Print Print I Close Window Subject: E -verify From: Esther Kim -Hua <ekim@erelations.com> Date: Mon, Jan 20, 201411:01 am To: "jHotta@cherokeeford.com" ajliotta@cherokeeford,com> Attach: Cherokee FLM.gif Good Morning, Page 1 of 1 Your E -Verify account number is 595424. I have attached a copy of the signature page of the agreement Cherokee Ford is signed up for E -Verify Thank you, Esther Kim Employee Relations Inc. e€cirYiC��� {'latinr�s.co�7i (800) 716-7773 ext 108 (888) 374-7324 fax Copyright® 2003-2014. All rights reserved. https:llemaill7.secureserver.netiview_print multi.php?uidArray=761INBOX&aEmIPart=U 1120/2014 °E-V'erifv Approved by: Employer Vearrion L. Fxause Na in Q. (Please Type pnnt) C tiI&na(urL� ^` E -Verify Employer Agent Marlagirxl Mennber 7'AN* 8 12 Paic Esther Kim -Hua Compliance Manager tia in c IeRse Type or Print) TiF le 08/28/2012 Department ofHem eIan d Security— Verif cation Division Nit n u (Please Type or Print) T'rtic �;ignacurc Mic Information Required For the E -Verify E -Verify Employer Agent Program Information relating to your Company: Company Name: Cherokee Ford LincolnMercu.ry LLC Company Facility Address: f575 Mansell Road Alpharetta, GA 30009 Pag® 13 of 141 E-Vefffy MMU for Employer (Client] wjft a E Veflty Employer A9eo I Revision Lute O t 1mg www.dhs.govnE Verify FEDEMTED ,NSURANCEve Dear Policyholder, Thank you for choosing Federated Insurance to handle your insurance and risk management needs. The attached certificate document(s) have been issued or updated. Please feel free to contact us with any additional changes, additions or deletions that may be needed by contacting the Federated Client Contact Center at: Phone: 1-888-333-4949 Fax: 507-446-4664 E-mail: clientcontactcenter@fedins.com Thank you for your business! Client Contact Center Enclosed: Certificate Document(s) MISC-0829 (04-13) "4� '�'CERTIFICATE OF LIABILITY INSURANCE �TE,M►I 0112012014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcY(ies) must he endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER FEDERATED MUTUAL INSURANCE COMPANY HOME OFFICE: P.O. BOX 328 CONTACT CLIENT ACT CENTER PHONAME: A CNEo Ext)' $88-333-4949 FVC w: 507-446-4664 ADDRESS: CLI ENTCONTACTCENTER FEDiNS.COM pWATONNA, MN 55060 INSURERS AFFORDING COVERAGE HAIL p INSURER A: FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED 288_636-4 INSURER IL- LCHEROKEE CHEROKEEFORD INC PO BOX 2309 INSURER C: INSURER D. WOODSTOCK, GA 30186 INSURER E: INSURER F: PREMISE TO RENTED $100,000 COVERAGES CERTIFICATE NUMBER: 10 REVISION NUMBER: 0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INDL SUBR POLICY NUMBER POLICY Err POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $500,000 X COMMERCIAL GENERAL LIABILITY PREMISE TO RENTED $100,000 CLAIMS -MADE X❑ OCCUR MED EXP (Any one person) EXCLUDED PERSONALS ADV INJURY $$0'000 A N N 9082494 04/01/2013 04/01/2014 GENERAL AGGREGATE $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO $1,ODO,000 X POUCY PRO• JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT IE.ANY AUTO BODILY INJURY (Per person) ALL OWNED SCHEDULED BODILY INJURY (Per accider,i) AUTOS AUTOS HIRED AUTOS NOH OWNED AUTOS PROPERTY DAMAGE i widerva X UMBRELLA LIAR OCCUR EACH OCCURRENCE $10,000,000 A EXCESS LIAR NX CLAIMS -MADE N N 9062495 04/01/2013 04101/2014 AOGREGATE pE{7 RETENTION WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN TORY LIMITS ER E.L EACH ACCIDENT ANY PROPRIETORIPARTNERJEXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ N 1 A E.L. DISEASE - EA EMPLOYEE IMandatory, in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIMIT CArtA�3ELIABILITY N N 9062494 04/01/2013 04101/2014 AVTO ONLY -EA ACCIDENT $50'000 A OTHER THAN AUTO ONLY - EACH ACCIDENT $500,000 - AGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES;At4ch ACORD 101, AddiUonsl Remarks Schedule, ii more space is required] CERTIFICATE BOLDER CCNCFI I ATIMN 288-636-4 100 CITY OF MILTON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 13DOO ❑EERFIELD PKWY STE 107 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN MILTON, GA 30004-5026 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ® 188S-2010 ACORD CORPORATION. AN rights reserved. ACORD 26 (2010106) The ACORD name and logo are registered marks of ACORD Business Entity Georgia Secretary of State Brian P. Kenn In Corporations • Elections • News Room • Professional Licensure • securities ►By Business Name ► By Control No ► By Officer Date: 2/7/2014 View Filed Documents (Annual Registration History etc.) PLEASE NOTE: To download your Annual Registration forms you will need Adobe Reader to view and/or print. If you do not have Adobe Reader installed on your computer, click the "Get Adobe Reader" AflOBE'REAE E0.' button on the right to download the reader free of charge from the Adobe website. Annual Registrations The Georgia Code only requires the Office of Secretary of State to retain annual registrations for a period of five years from the date in which it was filed. Annual registrations older than five years may no longer be available for certification or viewing on the web. Business Mame History Name Name Type CHEROKEE FORD LINCOLN OF Status: ALPHARETTA, LLC Current Name ALPHARETTA FORD LINCOLN PRIOR NAME MERCURY, LLC Principal Office Address: CHEROKEE FORD LINCOLN MERCURY OF ALPHARETTA, LLC PRIOR NAME Limited Liability Company - Domestic - Information Control No.: 09045253 Status: Active/Compliance Entity Creation Date: 6/25/2009 Jurisdiction: GA Principal Office Address: P.O. Box 1249 alpharetta GA 30009 Last Annual Registration Filed Date: 3/30/2012 Last Annual Registration Filed: 2012 Registered Agent Agent Name: Office Address: Agent County: Krause. Vernon L. 1575 Mansell Rd. Alpharetta GA 30009 Fulton Page I of 1 http://corp.sos.state.ga.us/corp/soskb/Corp.asp?1570416 2/712014 HOME OF' —F P,Fil AilTY UE Jr -I% M I LTO ESTAR1.151 FF) 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 7, 2014 FROM: City Manager AGENDA ITEM: Approval of Amendments to the Personnel Policy Handbook to Modify the City of Milton Policies Regarding Social Media, Sick Leave Appeal/Grievance Rights and Holiday Pay. MEETING DATE: Monday, March 17, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages ifnecessary) See attached memorandum APPROVAL BY CITY MANAGER. APPROVED CITY ATTORNEY APPROVAL REQUIRED: x YES CITY ATTORNEY REVIEW REQUIRED: XYES APPROVAL BY CITY ATTORNEY AAPPROVED PLACED ON AGENDA FOR: 0'5 1 714 F.-TAINJERTAIR () NOT APPROVED O NO () NO O NOT APPROVED ® Your? PHONE: 678.242,2500 j FAX: 678.242.2499 Green :ti en �� ! Cxrcified * TOP -7°° info@ww.cit cityofmiltonga.us I wyofmilfonga.us r Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Sam Trager, Director of Human Resources Date: Submitted on 3/11/14 for the 3/17/14 Regular Council Meeting Agenda Item: Approval of Amendments to the Personnel Policy Handbook to Modify the City of Milton Policies Regarding Social Media, Sick Leave, Appeal/Grievance Rights and Holiday Pay. ____________________________________________________________________________ Department Recommendation: Adopt the attached amendments to the Personnel Policy Handbook that cover social media, sick leave usage and employee grievance/appeal rights. Executive Summary: Over time, policies need to be changed either because they become old, something happens to show a flaw in the policy or something changes to require a new policy. To summarize the policies: Social Media – Describes how city social media sites will be handled and how employees should manage their personal social media sites. Sick Leave – Requires employees not to use sick leave after giving notice or in the last two weeks of employment. Appeal/Grievance rights for recently promoted employees - Allows recently promoted employees to have an appeal right or grieve a matter as long as it is not related to the promotion. Holiday Pay – Requires employees to work before and after a holiday in order to be paid for the holiday. Funding and Fiscal Impact: None. Alternatives: Other Council directed action. Legal Review: Megan Martin and Angie Davis – Jarrard & Davis 3/6/14 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Proposed policies SOCIAL NETWORKING A. PURPOSE Given the multitude of concerns (legal, political, and ethical) raised by social networking (Facebook, Twitter, etc.) this policy establishes prudent and acceptable practices regarding usage of social networking by City of Milton officials and employees. While the City of Milton encourages its personnel to enjoy and make good use of their off-duty time, certain activities on the part of its personnel may become a problem if they have the effect of impairing the work of any official or employee; harassing, demeaning, or creating a hostile working environment; disrupting the smooth and orderly flow of work; or harming the goodwill and reputation of the City among its citizens or in the community. For these reasons, the City reminds its personnel that the following guidelines apply in their use of social media, both on and off duty. Under this policy, the City disavows, and is not responsible for any sites, posts, opinions, or content not coordinated through and approved by the City Manager or designee. If City personnel post data purporting to be on behalf of the City while using a social media site without the approval of the City Manager or designee, the City is not responsible for that content, such content is not to be construed as reflecting the views or opinions of the Mayor, City Council or other City management, and the City is not responsible for archiving such content in accordance with applicable records retention schedules, or providing copies in accordance with the Georgia Open Records Act. Furthermore, the absence of explicit reference to a particular site does not limit the extent of the application of this policy. If you are uncertain as to the propriety of a post, opinion or other content, consult your department head before proceeding. B. GENERAL GUIDELINES 1. While on duty, the use of City equipment or internet service by personnel must be limited to work related tasks. Social media activities should never interfere with work commitments. 2. No personnel may post online content as a representative of the City, or on the City's behalf without the City Manager's approval. 3. if discussing City related issues, but not posting online content as an approved representative of the City or on the City's behalf, all personnel must make it clear that they are speaking for themselves, and not on behalf of the City by displaying a disclaimer that states: "This is my own opinion and not necessarily an opinion or position held by the City of Milton, the Mayor or the City Council." 4. Employees who choose to maintain or participate in social media or social networking platforms while off-duty shall conduct themselves with Page T professionalism and in such a manner that will not reflect negatively upon the City, our employees or themselves. C. GUIDELINES FOR OFFICIAL CITY SOCIAL MEDIA SITES AND CONTENT 1. All City -sanctioned social media sites shall be maintained by the City Manager or his/her designee. Any content to be posted on City -sanctioned social media sites must meet the approval of the City Manager or designee before it is posted. 2. All personnel that engage in social media activities on the City's behalf and all City -sanctioned social media sites shall adhere to applicable federal, state and local laws, regulations and policies, including the Georgia Open Records Act and the records retention schedules issued by the Georgia Archives. All content must be managed, stored and retrieved to comply with these laws. 3. All online content posted as representative of the City, or on the City's behalf shall clearly indicate that it is subject to the records retention schedules issued by the Georgia Archives and public disclosure pursuant to the Georgia Open Records Act. All City -sanctioned social media sites shall clearly indicate that any articles and any other content posted or submitted for posting are subject to the aforementioned records retention schedules and public disclosure. Note, for purposes of this Policy each individual posting does not need the aforementioned disclaimer when such disclaimer is clearly posted on a social network site that contains the disclaimer in a readily accessible area of the site. 4. Any content posted as representative of the City, or content posted to a City - sanctioned social media site containing any of the following shall not be allowed: a. Comments not topically related to the particular site or blog article being commented upon; b. Profane language or content; c. Content that promotes, fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation; d. Sexual content or links to sexual content; e. Conduct or encouragement of illegal activity; f. Information that may tend to compromise the safety or security of the public or public systems; or Page 2 g. Content that violates a legal ownership interest of any other party. 5. Content submitted for posting on a City -sanctioned social media site that is deemed unsuitable for posting by the City Manager because it violates criteria in the preceding item (Item 4, above) of this Policy, shall be retained pursuant to the applicable records retention schedules along with a description of the reason the specific content is deemed unsuitable for posting. 6. Where hyperlinks are used on a City -sanctioned social media site, the site shall include a disclaimer which states: "The City does not guarantee the authenticity, accuracy, appropriateness or security of the link, website, or content linked hereto." Page 3 Current Policy Proposed policy Compensation and Benefits Chapter page 14 Section 4d Payment of Sick Leave Sick leave accruals are not payable upon separation from the city. To be amended Payment of Sick Leave Sick leave accruals are not payable upon separation from the City. After submitting a resignation, employees are not eligible to utilize accrued sick leave. All absences occurring during an employee’s last two weeks of employment with the City will be charged to accrued vacation time with said deductions reflected in their final paycheck. Admin chapter page 15 Position Probation Period Employees who are promoted, demoted, are subject to a six (6) month probationary period in the new position (the “Position Probation Period”). If the probationary period is to be extended, the employee will be notified in writing at least two weeks prior to the expiration of the Original Probation Period. And Admin chapter page 24 Appeal Rights Employees in a probationary status do not have grievance or appeal rights to disciplinary action. Amend page 24 Appeal Rights Employees in a probationary status do not have grievance or appeal rights to disciplinary action. Employees who are in probationary status due to a promotion will maintain their appeal rights except for any grievance or disciplinary action that is directly related to the promotion. No current rule New rule for holiday pay –Page 26 of the compensation chapter. Employees must work their regularly scheduled work day or shift or be on an approved leave status the day before and after a holiday in order to receive holiday pay. R HOME OF ` 3 t**"- FSTARLIS11FD 20011 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 7, 2014 FROM: City Manager AGENDA ITEM: Approval of Change Order #1 for a Professional Services Agreement between the City of Milton and BM&K, P.C. for SR 372 (Crabapple Road/Birmingham Highway) Intersection Improvements and Right of Way Services. MEETING DATE: Monday, March 17, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ( (-APPROVED CITY ATTORNEY APPROVAL REQUIRED: ((YES CITY ATTORNEY REVIEW REQUIRED: & YES APPROVAL BYCITYATTORNEY PLACED ON AGENDA FOR: REMARKS M,APPRO VED O NOT APPROVED () NO () NO () NOT APPROVED ® Your PHONE: 678.242.25001 FAX: 678.242.2499 rxs�q �xfO£ *Certified * op info@cityofmIItonga.us I www.cifyofmiftonga.us "" " Community C��m°5 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 'R To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on March 7, 2014 for the March 17, 2014 Regular Council Meeting Agenda Item: Approval of a Change Order for a Professional Services Agreement between the City of Milton and BM&K, P.C. for SR 372 (Crabapple Road/Birmingham Highway) Intersection Improvements Right of Way Services ____________________________________________________________________________ Department Recommendation: Staff is recommending approval of the Change Order. Executive Summary: In accordance with the City procurement procedures an invitation to bid was issued to secure a GDOT prequalified consultant for the project. The City received 5 bids on the project and BM&K, P.C. was determined to be the lowest reliable bidder. The bid was for unit prices with estimated quantities. This change order is to provide additional right of way and easement acquisition services that have been required by GDOT for intersection improvements at SR 372 (Crabapple Rd/Birmingham Hwy). The right of way services must all be approved by GDOT in order for the land acquired to be eligible for reimbursement. The additional unit price items required by GDOT include detailed cost estimate, level 3 appraisals, and costs to cure. These tasks are required in conjunction with the use of federal funds on this project and will be in accordance with GDOT policy and procedures. Funding and Fiscal Impact: The budget for this work will be from Capital Grant Fund. This task is not reimbursable but the land acquisition costs for the purchase of right of way and easements will be reimbursable for these projects. Legal Review: Jarrard & Davis – Paul Higbee 2/27/2014 Attachment(s): Change Order HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON ESTABLISIIED 2006 CHANGE ORDER #I FOR PROFESSIONAL SERVICES AGREEMENT SR 372 (CRABAPPLE RD/BIRMINGHAM HWY) INTERSECTION IMPROVEMENTS RIGHT OF WAY SERVICES WHEREAS, the City of Milton, Georgia and BM&I{, P.C. have entered into a Professional Services Agreement (the "Agreement") dated March 18, 2013, incorporated herein by reference, for right of way services for intersection improvements for SR 372 (Crabapple Rd/Birmingham Hwy); and WHEREAS, the parties desire to issue a change order pursuant to Section 9.0 ofthe Agreement, it being to the mutual benefit of all parties to do so, as set forth herein for the reasons and consideration set forth herein. NOW THEREFORE, the parties hereto agree to amend the Agreement as follows: 1. Exhibit B to the Agreement is amended by adding the following per parcel services to the fee schedule: Right of Way Services Estimated Parcels Per Parcel Fee Estimated Total Pre-acquisition Services Detailed ROW CE Update 1 $ 21000.00 $ 29000.00 Advanced Acquisition Detailed Cost Estimate 2 $ 25600.00 $ 5,200.00 Appraisals Level 3-1 3 $ 65500.00 $ 19,500.00 Level 3-2 1 $ 7,500.00 $ 7,500,00 Cost to Cure CTC -1 1 $ 39500.00 $ 3,500.00 CTC -2 1 $ 2,500.00 $ 2,500.00 CTC Update 1 $ 750.00 $ 750.00 Change Order Total $ 40,950.00 2. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement, including all unamended portions, shall remain in full force and effect other than as modified herein. Upon execution by all parties, this Change Order shall be attached to and form a part of said Agreement. N�678®.2500 � FAX: 678.242.2499 � MCrAWAAO ��"reeii � *� * InfoC�tcityotmlltonga.us I www.cityotmiltonga.us WINNER Community Ethics i 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Rt - CERTIFIED BRONZE - '�a4C`'I� 2 I BM&K Professional Services Agreement 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. B , P.C.• r By: Donald Clerici Its: President &Secretary SIGNED, SEALED, AND DELIVERED he prese t;e of: ti Wi ness l�,dtary Public �� y��`�A-.BR%C�Sq V4 [NOTARY SEAL] My Commission Expi s:i.�pUB��CJ :0� C [AFFIX CORPORATE SEAL] CITY OF MILTON: By: Joe Lockwood Its: Mayor [CITY SEAL] HOME 01 ' M. ILI ESTAiiLISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 7, 2014 FROM: City Manager AGENDA ITEM: Approval of an Agreement between the City of Milton and Williams Fire Apparatus for the Purchase of an Ambulance for Emergency Medical Transport. MEETING DATE: Monday, March 17, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER (APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY Cl TY ATTORNEY APPROVED PLACED ON AGENDA FOR: I ` REMARKS {) NOT APPROVED () NO () NO O NOT APPROVED ® YOU= PHONE: 678.242.25001 FAX: 678.242.2499 wM Areen 4V * Certified into@cityofmiltonga.us I www.cityoimiifonga.us Community E�h �; I 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a To: Honorable Mayor and City Council Members From: Robert Edgar, Fire Chief Date: Submitted on March 5, 2014 for the March 17, 2014 Regular Council Meeting Agenda Item: Approval of an Agreement between the City of Milton and Williams Fire Apparatus for the Purchase of an Ambulance for Emergency Medical Transport. ______________________________________________________________________________ Department Recommendation: Approve the purchase of a new 2015 Horton ambulance for the Fire Department. This recommendation is the result of a competitive bid process. Executive Summary: Having a transport capable unit (ambulance) as a city resource, staffed with fire personnel will enhance the level of service provided to the community. This resource will remain in the city and not be part of the Rural/Metro posting plan. The city ambulance would transport patients to a local hospital utilizing one fire department paramedic and EMT. This ambulance would not be used as a replacement for Rural/Metro or relieve them of their responsibilities as the zone provider, but rather used as an emergency back-up in the event a critical patient requires immediate transport to the hospital or there is a significant delay by Rural/Metro. The City of Milton Fire Department would staff the ambulance with one firefighter paramedic or EMT to respond to emergency calls for service. When not responding to emergency calls, personnel assigned to this unit would support daily fire department functions. Staffing for the ambulance was approved in the 2014 FY Operating Budget. The Council approved a contract on July 1, 2013 with Rural/Metro for emergency medical transport services. In addition, Council approved a supplemental agreement with Rural Metro on January 6, 2014, which allows the Fire Department to transport patients under Rural Metro’s transport license. Furthermore, the City shall invoice Rural/Metro, on a monthly basis, for fuel and staff hours when the city ambulance is dispatched to medical emergencies. The Fire Department’s Continuous Quality Improvement (CQI) committee, EMROC and the Region III EMS council will provide medical oversight, monitor the usage and demand for service of this resource. Page 2 of 2 The Milton Fire Department requests the capital purchase of a new 2015 Horton ambulance. Funding and Fiscal Impact: Funding for the new ambulance in the amount of $186,258.00 is funded in the capital vehicle replacement schedule for the Fire Department. Alternatives: The City may opt to continue with the current level of service with the possibility of delayed responses from Rural/Metro during periods of high demand. Legal Review: Ken Jarrard – Jarrard & Davis (January 24, 2014) Concurrent Review: Chris Lagerbloom, City Manager Attachments: n�i i LTON'� {% l A W1 1, 4 J 111 CITY OF MILTON REQUEST FOR BID (THIS IS NOT AN ORDFRI RFB Number:�R�yB Title: 14-FD01 4Fire Department Ambulance RFB Due Date and Time: March 4th, 201 2:00pm local time INSTRUCTIONS TO OFFERORS Return Bid to: Mark Face of Envelope/Package: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, Ga. 30004 Bid Number: 14-FD01 Name of Company or Firm Special Instructions: Deadline for Written Questions February 20th 2014 @ 5:00PM Email questions to Rick Pearce at rick.pearcea,ciYofmiltonga.us OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: -L�,Lt-o A� _ Please rant name and sl n In in Offeror Phone Number: Offeror FAX Number: Offeror Federal I.D. Number: Offeror E-mail Address: �,J ' ,�� � 'SC�'.VC'_-5�����G , �. Can• OFFERORS dl ST RETURN THIS COVER SHEET WITH RFB RESPONSE SECTION 5: FIXED PRICE FORM ", Ar 4:F I U1 -'ON)� [a iARl l —'-. '.i.• MUST BE RETURNED WITH BID Total Fixed Price of Ambulance Print Total Fixed Pricer PrintlType Company Name Here: Authorized Signature J I E� � �"� 5 ,tel/rr ,� -, �✓�C�f('C'�'[ 1 t✓t ��c �� PrintlType Nam�T)n , (� Length of time that the total fixed price is validA? Delivery window _a 1C "" j�� The model year of both the chassis and the conversion '7 IEN No Text March 12, 2014 (9:38AM) 3 - Vehicle Purchase Order Form VEHICLE PURCHASE ORDER MILTON 13000 DEERFIELD PARKWAY, BLD. 100, STE. 107 MILTON, GEORGIA 30004 CONTRACTOR VENDOR NUMBER: DATE: CONTRACTOR SHIP TO: BILL TO: 13000 DEERFIELD PARKWAY, BLD. 100, STE. 107, MILTON, GEORGIA 30004 UNIT QUANTITY PRICE DESCRIPTION EXTENTION See Exhibit A, attached hereto and incorporated herein by reference. TOTALS IMPORTANT: OUR PURCHASE ORDER NUMBER MUST APPEAR ON INVOICES, PACKAGES AND CORRESPONDENCE. ACKNOWLEDGE IF UNABLE TO DELIVER BY DATE REQUIRED. DATE REQUIRED: BY: CITY MANAGER THIS PURCHASE ORDER SHALL CONSTITUTE A CONTRACT BY AND BETWEEN THE VENDOR AND MILTON (“City”) FOR THE VEHICLE ABOVE REFERENCED PURSUANT TO THE TERMS AND CONDITIONS LISTED BELOW. IMPORTANT TERMS AND CONDITIONS: 1. a) Acceptance of this Purchase Order (“PO”) shall constitute acceptance of all provisions referenced herein. Acceptance shall occur upon Contractor’s acknowledgment of this PO, shipment of the Vehicle, or commencement of any work on the Vehicle described by this PO. b) PO void unless signed by the Mayor or designee. 2. The Contractor guarantees that no article shipped pursuant to this PO is produced in violation of any provision of the Fair Labor Standards Act; and further guarantees full compliance with all provisions from time to time applicable of any other federal and all state and local laws; and Contractor agrees to hold the City harmless from all liability resulting from failure of such compliance. 3. Compliance with Federal and State laws: The Contractor agrees to comply with applicable provisions of any Federal or State Law and all executive orders, rules and regulations issued thereunder, whether now or hereafter in force; and any provisions, representations or agreements required thereby to be included in the contract resulting from acceptance of this PO are hereby incorporated by reference, including but not limited to, Executive Order 11246, as amen ded, Chapter 80 of Title 41 of the Code of Federal Regulations, as amended, Obligations of Contractors and Subcontractors, and Chapter 1 of Title 48 of the Code of Federal Regulations, as amended Federal Acquisition Regulation. 4. In accepting this PO, the Contractor agrees to hold the City harmless against any liability, judgment, d amages, loss or expense, including reasonable attorney fees, resulting from any claim or any suit against City charging infringement of a United States copyright or patent by any publication or product sold under this PO, or any element of such product. Contractor agrees to hold City harmless against any liability, judgment, damage, loss or expense, including reasonable attorney fees, resulting from Contractor’s failure to meet the requirements of this PO. 5. No waiver by City of any breach of this PO or the granting of an extension for performance hereunder shall be deemed to be a waiver of any other or subsequent breach. Contractor agrees that it will not claim that City has waived any of Contractor’s perfor mance requirements under this PO, and no such waiver shall be effective to relieve Contractor from complete and punctual performance of such requirements, unless such waiver is expressly stated in writing and signed by City’s representative (or his/her successor) who signed the PO. 6. Acceptance of this PO is expressly limited to the terms hereof. If the Contractor objects to any of the terms hereof, it sha ll notify City in writing within ten days of the date hereof, and withhold shipment of the Vehicle listed herein until the controversy is adjusted. Any oral or written acknowledgment or confirmation of this PO, any shipment of the Vehicle ordered pursuant to this PO shall, notwithstanding the terms of such acknowledgment or confirmation, constitute acceptance by the Contractor of each and all of the terms and conditions stated herein. The City will not be bound to any additional or different terms hereafter transmitted except by a signed consent, and will in no event be bound by silence or acceptance of the Vehicle listed herein to any terms and conditions other than these stated herein. This PO contains all the terms and conditions of the purchase agreement and shall constitute the complete and exclusive agreement between Contractor and City. No modification, rescission or waiver of this PO or any of its terms shall be effective unless in writing signed by the parties. This transaction (including remedies for breach and period within which such remedies must be brought) shall be governed in all respects by the laws of the State of Georgia, and venue for any action brought pursuant to this PO shall be in the Superior Court of Fulton County, Georgia. 7. If the Vehicle purchased under this PO includes “fabrics,” “interior furnishings” or “related material” covered by the Federal Flammable Fabrics Act, or similar State laws, then unless such items are exempted from the provisions of said laws, Contractor guarantees that reasonable and representative tests made according to the procedures prescribed in Section 4 of the Flammable Fabrics Act, show that such items are not under the provisions of such Act so highly flammable as to be dangerous. 8. City shall not be bound by any terms and conditions included in Contractor’s package, invoices, catalogs, brochures, technical data sheets, or other documents which attempt to impose any condition at variance with the terms and conditions contained herein. In the event any special terms and conditions attached to this PO by the City conflict with the standard terms and conditions, the special terms and conditions shall govern. March 12, 2014 (9:38AM) 3 - Vehicle Purchase Order Form 9. (a) Delivery must be in strict compliance with the schedule contained herein. If Contractor fails to meet its sc heduled delivery date and Purchaser elects to call for expedited shipment, Contractor will pay the difference between the method of shipping specified and the actual expedited rate incurred. Contractor shall be responsible for any additional charges resulting from deviation from City's routing instructions. If Contractor fails to make delivery promptly and regularly, as required under this PO, City may, in addition to other remedies available at law, terminate this PO by giving notice to Contractor. Title to any supplies, materials, equipment or other personal property shall remain the Contractor’s until fully paid for by the City. Notwithstanding such delivery, Contractor shall bear risk of loss or damage to the Vehicle purchased hereunder from the time that City gives notice of rejection of the Vehicle. (b) Contractor shall insure safe arrival of the Vehicle at its destination, secure lowest transportation cost, conform with requirements of common carriers and, in any event, comply with City's minimum specifications. 10. Contractor warrants that the Vehicle supplied to City under this PO is of merchantable quality, free from defect, conforms to all specifications set out in this PO and in the bid documents attached hereto and incorporated herein by reference as Exhibit B, and is fit for the purpose for which such Vehicle is ordinarily employed and for the particular declared City purpose. Contractor shall provide to the City simultaneously with the delivery of the Vehicle a fully executed bill of sale for the Vehicle in the form attached hereto and incorporated herein by reference as Exhibit C. 11. Contractor shall not assign this PO or any portion of this PO, nor shall Contractor subcontract for completed or substantially completed Vehicle purchased hereunder without the prior express written consent of City. No assignment or subcontract by Contractor, including any assignment or subcontract to which City consents, shall in any way relieve Contractor from complete and punctual performance of this PO, including without limitation all of Contractor's obligations under the warranty provisions of this PO. 12. Contractor shall comply with City’s applicable insurance and risk management requirements. INSTRUCTIONS TO CONTRACTOR: 1. Acceptance of this PO and any attachments constitutes a contract between Contractor and City and these Instructions are made a part and a condition of the contract. 2. PO number MUST appear on all invoices, packages and documents related to this PO. 3. Payment will be made by CONTRACTOR INVOICE ONLY showing PO Number. 4. Shipping memo showing PO number must accompany delivery. Only PREPAID INSIDE SHIPMENT will be accepted. 5. Do not part ship against this PO without permission. 6. PLEASE ACKNOWLEDGE PROMPTLY. 7. Delivery must be made between 9:00 a.m. and 4:00 p.m., FOB to location listed on PO. 8. Delivery will be received subject to examination and approval of City as to accuracy of order, and compliance with specifications. De fective or inaccurate shipments will be returned at CONTRACTOR’S EXPENSE. 9. Where applicable, materials shall comply with: a) Federal Occupational Safety & Health Acts Stds. b) DOT Hazardous Materials Regulations. Agreed to on behalf of [INSERT NAME OF CONTRACTOR] by: ____________________________________ Name/Title: [AFFIX CORPORATE SEAL] March 12, 2014 (9:38AM) 3 - Vehicle Purchase Order Form EXHIBIT C Bill Of Sale for Vehicle ____________________, 2014 ______________________, Seller, in consideration of the receipt of [spell out purchase price], $_________________, the receipt of which is acknowledged, does hereby grant, sell, transfer and deliver to the City of Milton, Georgia, Buyer, the following property: [insert date], [insert make/model], Serial Number __________________, Manufacturer VIN no. ___________________, mileage ____________. For Buyer to have and hold same for Buyer’s use forever. Seller hereby covenants to the Buyer that Seller is the lawful owner of said property; that it is free from all encumbrances; that the Seller has good and valid title to same; and that the Seller will warrant and defend title to same against the lawful claims and demands of all persons. In witness, whereof, both the Seller hereby executes this Bill of Sale, this ______ day of __________, 2014. __________________________________ Name/Title: N NOME OF MIL..TONIP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 7, 2014 FROM: City Manager AGENDA ITEM: Approval of an Agreement between the City of Milton and Comcast Cable Communications Management, LLC for Internet Circuit Connectivity. MEETING DATE: Monday, March 17, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED (} NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: OYES O NO CITY ATTORNEY REVIEW REQUIRED: P YES (y NO APPROVAL BY CITY ATTORNEY � APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0 3 1114 REMARKS q4 ® You PHONE: 678.242.25001 FAX: 678.242.2499 Green �' ; Crrti$ed of info@cityofmiltonga.us www.cityofmiltonga.us community i hi 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a To: Honorable Mayor and City Council Members From: David Frizzell, IT Manager Date: Submitted on 3/6/2014 for the 3/17/2014 Regular Council Meeting Agenda Item: Approval of an Agreement between the City of Milton and Comcast Cable Communications Management, LLC for Internet Circuit Connectivity. ____________________________________________________________________________ Department Recommendation: The IT manager recommends approval of this contract. Executive Summary: The current internet bandwidth at station 43 is insufficient for the current usage. This contract provides for a 20MB internet circuit to connect City Hall with Station 43. This will connect the fire department’s command staff to the city hall network once they have relocated, as well as provide better internet security (Station 43 internet access will traverse our web filter and firewall once the circuit is activated). If approved, the circuit will be installed about the time the fire command staff moves to station 43. Funding and Fiscal Impact: There will be no additional monies needed in the budget. The cost of the circuit will be $780/month, which takes the place of money budgeted for a disconnected T1 line at city hall. Alternatives: N/A Legal Review: Paul Higbee – Jarrard & Davis, 2/26/2014 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Agreement between the City of Milton and Comcast Cable Communications Management, LLC COMCAST ENTERPRISE SERVICES MASTER SERVICES AGREEMENT (MSA) MSA ID#:GA-2186242-lpiet MSA Term: 36 months Account Name: City of Milton CUSTOMER INFORMATION Primary Contact: David Frizzell Primary Contact Address Information Title: IT Manager Address 1:13000 Deerfield Parkway Phone: (678) 242-2517 Address 2: Cell: (770) 296-0870 City: Milton Fax: State: GA Email: david.frizzell@cityofmiltonga.us Zip Code: 30004 This Master Service Agreement ("Agreement") sets forth the terms and conditions under which Comcast Cable Communications Management, LLC and its operating affiliates (“Comcast”) will provide communications and other services (“Services”) to the above Customer. The Agreement consists of this fully executed Master Service Agreement Cover Page (“Cover Page”), the Enterprise Services General Terms and Conditions (“General Terms and Conditions”), any written amendments to the Agreement executed by both parties ("Amendments"), the Product- Specific Attachment for the applicable Services (“PSA(s)”) and each Sales Order accepted hereunder (“Sales Orders”). In the event of any inconsistency among these documents, precedence will be as follows: (1) this Cover Page (2) General Terms and Conditions, (3) PSA(s), , and (4) Sales Orders. This Agreement shall be legally binding when signed by both parties and shall continue in effect until the expiration date of any Service Term specified in a Sales Order referencing the Agreement, unless terminated earlier in accordance with the Agreement. The Customer referenced above may submit Sales Orders to Comcast during the Term of this Agreement (“MSA Term”). After the expiration of the initial MSA Term, Comcast may continue to accept Sales Orders from Customer under the Agreement, or require the parties to execute a new MSA. The Agreement shall terminate in accordance with the General Terms and Conditions. The General Terms and Conditions and PSAs are located at http://business.comcast.com/enterprise-terms-of-service. Use of the Services is also subject to the High-Speed Internet for Business Acceptable Use Policy (“AUP”) located at http://business.comcast.com/pdfs/Enterprise-Acceptable-Use-Policy.pdf, and the High-Speed Internet for Business Privacy Policy (Privacy Policy”) located at http://business.comcast.com/pdfs/Enterprise-Privacy-Policy.pdf. Comcast may update the General Terms and Conditions, PSAs, AUP and Privacy Policy from time to time upon posting to the Comcast website. Services are only available to commercial customers in wired and serviceable areas in participating Comcast systems (and may not be transferred). Minimum Service Terms are required for most Services and early termination fees may apply. Service Terms are identified in each Sales Orders, and early termination fees are identified in the applicable Product Specific Attachments. BY SIGNING BELOW, CUSTOMER AGREES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. CUSTOMER SIGNATURE (by authorized representative) Signature: Name: Title: Date: COMCAST USE ONLY (by authorized representative) Signature: Sales Rep: Heather Luttrell Name: Sales Rep Email: heather_luttrell@cable.comcast.com Title: Region: Big South Date: Division: Central COMCAST ENTERPRISE SERVICES SALES ORDER FORM Account Name: Primary Contact: Title: Address 1: Address 2: SUMMARY OF CHARGES (Details on following pages) Service Term (Months): SUMMARY OF SERVICE CHARGES* Total Trunk Services Monthly Recurring Charges: Total Metro Ethernet Monthly Recurring Charges: Total Monthly Recurring Charges (all Services): Total Metro Ethernet Standard Installation Fees*: Total Trunk Services Standard Installation Fees: Total Standard Installation Fees (all Services): GENERAL COMMENTS AGREEMENT This Comcast Enterprise Services Sales Order Form ("Sales Order") shall be effective upon acceptance by Comcast. This Sales Order is made a part of the Comcast Enterprise Services Master Services Agreement, entered between Comcast and the undersigned and is subject to the Product Specific Attachment for the Service(s) ordered herein, located at http://business.comcast.com/enterprise-terms-of-service/index.aspx, (the "Agreement") . Unless otherwise indicated herein, capitalized words shall have the same meaning as in the Agreement. E911 NOTICE Comcast Business Class Trunking Service may have the E911 limitations specified below: MSA ID#:SO ID#: City: State: Zip: Phone: Cell: Email: Fax: SUMMARY OF CUSTOM INSTALLATION FEES Total Custom Installation Fee:$ 0.00 Amortized Custom Installation Fee City of Milton GA-2186242-lpiet GA-2186242-lpiet-1504317 David Frizzell IT Manager 13000 Deerfield Parkway Suite 107A 30004 Milton GA david.frizzell@cityofmiltonga.us (678) 242-2517 (770) 296-0870 36 $ 0.00 $ 780.00 $ 780.00 $ 0.00 $ 0.00 $ 0.00 CUSTOMER INFORMATION (for notices) • The National Emergency Number Association (NENA), a 911 industry organization that makes recommendations for standardized services relating to E911, has issued guidelines that state “The PBX owner is responsible for creating customer records, preferably in NENA standard format, that identify caller locations.” To facilitate Customer’s compliance with these guidelines and with associated state and local requirements related to provision of Automatic Location Information (ALI) for E911 services, Comcast offers two options: a. Comcast will send to the ALI database or Subscriber Location Database (SLDB) the main billing telephone number and the main address provided by Customer; or b. Customer may choose to sign up for up to 10 Emergency Location Information Numbers (ELINs) that Customer could assign to zones within Customer’s premises that would be separately identified to the E911 call taker. The location information, such as a specific floor, side of a building, or other identifying information, could assist emergency responders to more quickly reach the appropriate location. Customer is solely responsible for programming it’s PBX system to map each station to one of these numbers, and for updating the system as necessary to reflect moves or additions of stations within the premises. Comcast will send the assigned ELINs to the ALI or SLDB database, as is appropriate. • Many jurisdictions require businesses using multi-line telephone systems to program their systems to transmit specific location information for 911 calls. Customer bears sole responsibility to ensure that it identifies and complies with all such requirements. In any event, if Customer does not maintain E911 records in a timely and accurate manner, the E911 call taker may not receive proper location information, and emergency responders may be delayed or even prevented from timely reaching the caller’s location. • Battery Back Up - The Integrated Access Device (IAD) provided by Comcast is not equipped with battery backup. It is Customer’s responsibility to ensure adequate back-up power is provided to ensure service continuity during a power outage, as employees would otherwise be unable to use the Services, including dialing 9-1-1, when power is unavailable. • Calls using the Service, including calls to 911, may not be completed if there is a problem with network facilities, including network congestion, network/equipment/power failure, or another technical problem. • All questions should be directed to 1-800-391-3000. E911 Service, Private Branch Exchange, and Direct Inward Dial Service. By signing below, Customer acknowledges, agrees to and accepts the terms and conditions of this Sales Order. Division: Sales Rep:Signature: Name: Date: Region: Sales Rep E-Mail: Title: Central Big South Heather Luttrell heather_luttrell@cable.comcast.com COMCAST USE ONLY (by authorized representative) Signature: Name: Title: Date: CUSTOMER USE ONLY (by authorized representative) *Note: Charges identified in the Service Order are exclusive of maintenance and repair charges, and applicable federal, state, and local taxes, fees, surcharges and recoupments (however designated). Please refer to your Comcast Enterprise Services Master Services Agreement (MSA) for specific detail regarding such charges. Customer shall pay Comcast one hundred percent (100%) of the non-amortized Custom Installation Fee prior to the installation of Service. $ 0.00 Total Off-Net Monthly Recurring Charges:$ 0.00 Total Off-Net Standard Installation Fees:$ 0.00 Service Term (Months): MSA ID#: Account Name: COMCAST ENTERPRISE SERVICES SALES ORDER FORM METRO ETHERNET SERVICES AND PRICING City of Milton GA-2186242-lpiet 36 GA-2186242-lpiet-1504317 Date: SO ID#: February 19, 2014 Short Description of Service: Solution Charges Line Request DescriptionAction Service Location Z*Tax Jurisdiction Monthly One-TimeService(s)Service Location A* 1 Add $ 150.00NewPortInterstateENI10100 City of Milton - 13000 Deerfield Pkwy 13000 DEERFIELD PKWY $ 0.00 2 Add $ 150.00NewPortInterstateENI10100 City of Milton - 750 Hickory Flat Rd 750 HICKORY FLAT RD $ 0.00 3 Add $ 480.00New20 Mbps City of Milton - 750 Hickory Flat Rd 750 HICKORY FLAT RD InterstateEPL-BASIC-20 City of Milton - 13000 Deerfield Pkwy 13000 DEERFIELD PKWY $ 0.00 * Services Location Details attached $ 780.00 $ 0.00 TotalPage COMCAST ENTERPRISE SERVICES SALES ORDER FORM SERVICE LOCATION DETAIL INFORMATION Date:February 19, 2014MSA ID#:GA-2186242-lpiet SO ID#:GA-2186242-lpiet-1504317Account Name:City of Milton Line Location Name / Site ID Address 1 Address 2 City State Technical / Local Contact Phone # Zip Code Technical / Local Contact Name Technical / Local Contact Email Address Technical Contact On Site (Yes/No) DeMarc Location Extend to DeMarc (Yes/No) Inside Wiring (Yes/No) Satellite Location (Y/N) 1 City of Milton - 750 Hickory Flat Rd 750 HICKORY FLAT RD ALPHARET TA 30004 David Frizzell (770)296-0870 David.Frizzell@city ofmiltonga.us YesGA1No No 2 City of Milton - 13000 Deerfield Pkwy 13000 DEERFIELD PKWY MILTON 30004 Daavid Frizzell (678)242-2517 david.frizzell@city ofmiltonga.us YesGA1No No Amendment No. GA-2186242-lpiet/A1 1 FIRST AMENDMENT to Comcast Enterprise Services Master Services Agreement No. GA-2186242-lpiet This First Amendment (“Amendment”) is concurrently entered into on February 25, 2014, (“Effective Date”) in conjunction with the Comcast Enterprise Services Master Services Agreement No. GA- 2186242-lpiet (“Agreement”) by and between Comcast Cable Communications Management, LLC (“Comcast”) and The City of Milton, a political subdivision of the State of Georgia, acting by and through its governing authority, the Milton City Council (“Customer”), individually referred to herein as “Party” and jointly referred to as “Parties”. In the event of an explicit conflict between this Amendment and the Agreement, the terms and conditions of this Amendment shall take precedence in the interpretation of the explicit matter in question. Unless otherwise set forth herein, all capitalized terms set forth herein shall have the same meaning as set forth in the Agreement. Whereas, the Parties desire to amend the Agreement by this writing to reflect the amended or additional terms and conditions to which the Parties have agreed to; Now, therefore, in consideration of the mutual covenants, promises, and consideration set forth in this Amendment, the Parties agree as follows: 1. The Master Services Agreement (“MSA”) Cover Page is hereby modified to read as follows: The Agreement shall terminate in accordance with the General Terms and Conditions. The General Terms and Conditions and PSAs are located at http://business.comcast.com/enterprise-terms-of- service. Use of the Services is also subject to the High-Speed Internet for Business Acceptable Use Policy (“AUP”) located at http://business.comcast.com/pdfs/Enterprise-Acceptable-Use-Policy.pdf, and the High-Speed Internet for Business Privacy Policy (Privacy Policy”) located at http://business.comcast.com/pdfs/Enterprise-Privacy-Policy.pdf. Comcast may update the General Terms and Conditions, PSAs, AUP and Privacy Policy from time to time upon posting to the Comcast website. Any changes, modifications or updates to the General Terms and Conditions and the PSAs will be made pursuant to provisions of Article 1 of the Enterprise Services General Terms and Conditions. 2. The Definitions section of the Enterprise Services General Terms and Conditions(“General Terms and Conditions”) hereby modified to read as follows: “Customer: The City of Milton, a political subdivision of the State of Georgia, acting by and through its governing authority, the Milton City Council.” 3. Article 6.1(A) of the Enterprise Services General Terms and Conditions(“General Terms and Conditions”) hereby modified to read as follows: A, THE AGGREGATE LIABILITY OF COMCAST FOR ANY AND ALL LOSSES, DAMAGES AND CAUSES ARISING OUT OF THE AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE PERFORMANCE OF SERVICE, AND NOT OTHERWISE LIMITED HEREUNDER, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED DIRECT DAMAGES EQUAL TO THE SUM TOTAL OF PAYMENTS MADE BY CUSTOMER TO COMCAST DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT FOR WHICH DAMAGES ARE CLAIMED. THIS LIMITATION SHALL NOT APPLY TO COMCAST’S INDEMNIFICATION OBLIGATIONS AND CLAIMS FOR DAMAGE TO PROPERTY AND/OR PERSONAL INJURIES (INCLUDING DEATH) ARISING OUT OF THE Amendment No. GA-2186242-lpiet/A1 2 GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF COMCAST WHILE ON THE CUSTOMER SERVICE LOCATION. 4.Article 7.2 of the Enterprise Services General Terms and Conditions(“General Terms and Conditions”) hereby modified to read as follows: “Customer’s Indemnification Obligations. To the extent permissible by the laws of the State of Georgia, Customer shall indemnify, defend, and hold harmless Comcast from any and all Claims arising on account of or in connection with Customer’s use or sharing of the Service provided under the Agreement, including with respect to: libel, slander, infringement of copyright, or unauthorized use of trademark, trade name, or service mark arising out of communications via the Service; for patent infringement arising from Customer’s combining or connection of CE to use the Service; for damage arising out of the gross negligence or willful misconduct of Customer with respect to users of the Service.” 5.Article 9.6 of the Enterprise Services General Terms and Conditions(“General Terms and Conditions”) hereby modified to read as follows: “Monitoring of Services. Except as otherwise expressly set forth in a PSA, Comcast assumes no obligation to pre-screen or monitor Customer’s use of the Service, including without limitation postings and/or transmission. However, Customer acknowledges and agrees that Comcast and its agents shall have the right to pre-screen and monitor such use from time to time and to use and disclose such results to the extent necessary to operate the Service properly, to ensure compliance with applicable use policies, to protect the rights and/or property of Comcast, or in emergencies when physical safety is at issue, and that Comcast may disclose the same to the extent necessary to satisfy any law, regulation, or governmental request. Comcast shall have no liability or responsibility for content received or distributed by Customer or its users through the Service, and Customer shall, to the extent permissible by the laws of the State of Georgia, indemnify, defend, and hold Comcast and its directors, officers, employees, agents, subsidiaries, affiliates, successors, and assigns harmless from any and all claims, damages, and expenses whatsoever (including reasonable attorneys’ fees) arising from such content attributable to Customer or its users. For the avoidance of doubt, the monitoring of data described in this Section 9.6 refers to aggregate data and types of traffic (protocol, upstream/downstream utilization, etc.). Comcast does not have access to the content of encrypted data transmitted across Comcast networks.” 6.Article 11.2 is hereby added to the Enterprise Services General Terms and Conditions (“General Terms and Conditions”) to read as follows: “Assignment or Transfer. Customer shall not assign any right, obligation or duty, in whole or in part, nor of any other interest hereunder, without the prior written consent of Comcast, which shall not be unreasonably withheld. All obligations and duties of either Party under this Agreement shall be binding on all successors in interest and assigns of such Party. Nothing herein is intended to limit Comcast’s use of third-party consultants and contractors to perform Services under a Sales Order. In the event that Comcast should assign any right, obligation or duty, in whole or in part, or of any other interest hereunder, Customer may terminate this Agreement without further obligation to Comcast beyond the termination date, including Termination Charges, if any. This shall be Customer’s sole and exclusive remedy.” Amendment No. GA-2186242-lpiet/A1 3 7.Article 11.15 is hereby added to the Enterprise Services General Terms and Conditions (“General Terms and Conditions”) to read as follows: “Non-Appropriation of Funds. In the event Customer is unable to secure funds or if funds are not appropriated by the applicable local, state or federal agency for performance during any fiscal period of the term of a Sales Order, such Sales Order may be terminated (“Termination”) by the Customer upon written notification to Comcast, to include a copy of the non-appropriation of funds notification, as of the beginning of the fiscal year for which funds are not appropriated or otherwise secured. In the event Customer terminates a Sales Order under this “Non-Appropriation of Funds” provision, neither Party shall have any further obligation to the other Party, excepting Customer shall be responsible for the payment of any and all unpaid charges for Services rendered and for Comcast equipment, and, any and all unpaid capital expenses incurred by Comcast on behalf of the applicable Sales Order, all of which are to be paid by Customer to Comcast in accordance with Article 3.3 herein. The capital expenses amount set forth hereunder shall be reduced by the total amount of NRC and MRC already paid to Company by Customer under the Agreement at the time of Termination. Customer hereby agrees to notify Comcast in writing as soon as it has knowledge that funds are not available for the continuation of the performance as set forth in the Sales Order, for any fiscal period under the applicable Sales Order Term.” 8.Article 11.16 is hereby added to the Enterprise Services General Terms and Conditions (“General Terms and Conditions”) to read as follows: “If the Term of this Agreement is longer than one year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent the City’s provision of written notice of non-renewal to Consultant at least thirty (30) days prior to the end of the then current calendar or fiscal year, as applicable. Title to any supplies, materials, equipment, or other personal property shall remain in Comcast until fully paid for by the City.” 9.Article 11.17 is hereby added to the Enterprise Services General Terms and Conditions (“General Terms and Conditions”) to read as follows: “Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit; 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: (1) Comcast shall provide evidence on City-provided forms, attached hereto as Exhibits “A” and “B” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Comcast’s subcontractors have conducted a verification, under the federal Employment Eligibility Verification (“EEV” or “E-Verify”) program, of the social security numbers, or other identifying information now or hereafter accepted by the E-Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) Comcast provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. Amendment No. GA-2186242-lpiet/A1 4 Comcast hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “A”, and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Comcast hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event Comcast employs or contracts with any subcontractor(s) in connection with the covered contract, Comcast agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “B”, which subcontracto r affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Comcast agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Comcast is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of Comcast’s and Comcast’s subcontractors’ verification process at any time to determine that the verification was correct and complete. Comcast and Comcast’s subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Comcast is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City or Comcast’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, Comcast and Comcast’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Comcast or Comcast’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Comcast’s failure to cooperate with the investigation may be sanctioned by termination of the contract, and Comcast shall be liable for all damages and delays occasioned by the City thereby. Comcast hereby agrees that, in the event Comcast employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Comcast will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. 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.” 10.Article 11.18 is hereby added to the Enterprise Services General Terms and Conditions (“General Terms and Conditions”) to read as follows: “Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Comcast agrees that, during performance of this Agreement, Comcast, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, Amendment No. GA-2186242-lpiet/A1 5 age or disability. In addition, Comcast agrees to comply with all applicable implementing regulations and shall include the provisions of this Section IV(R) in every subcontract for services contemplated under this Agreement.” 11.Article 11.19 is hereby added to the Enterprise Services General Terms and Conditions (“General Terms and Conditions”) to read as follows: “Comcast shall maintain in effect at all times during its performance of obligations under this Agreement insurance coverages, at a minimum, as set forth in Exhibit “C,” attached hereto and incorporated herein by reference.” 12.Article 3 of the Comcast Enterprise Services Product-Specific Attachment Ethernet Transport Services is hereby modified to read as follows: Comcast’s pricing for Service may be subject to FCC, public service commission or other regulatory approval. Further, Customer represents that its use of Service hereunder will be jurisdictionally interstate. Customer agrees, to the extent permissible by the laws of the State of Georgia, to indemnify and hold Comcast harmless from any claims by third parties resulting from or arising out of Customer’s failure to properly represent or certify the jurisdictional nature of its use of Service IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as of the day and year written below and the persons signing covenant and warrant that they are duly authorized to sign for and on behalf of the respective Parties. Except as otherwise modified by this Amendment, all other terms and conditions set forth in the Agreement shall remain in full force and effect. The City of Milton Comcast Cable Communications Management, LLC Signature: Signature: Printed Name: Printed Name: Title: Title: Date: Date: Amendment No. GA-2186242-lpiet/A1 6 EXHIBIT “A” STATE OF GEORGIA CITY OF MILTON 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 engaged in the physical performance of services on behalf of City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Contractor _________________________________ Name of Project _________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ Amendment No. GA-2186242-lpiet/A1 7 EXHIBIT “B” STATE OF GEORGIA CITY OF MILTON 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 City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10- 91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor _________________________________ Name of Project _________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ -- I DATE (MM/DDIYYYY)ACORO'1J CERTIFICATE OF LIABILITY INSURANCE 12105/2013~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~~GT MARSH USA INC. 1717 Arch Street r1Jg N9o I'xll, I r.e~ Nol: Philadelphia, PA 19103-2797 E-MAIL ADDRESS :Atln: Comcast.Certs@marsh.com Fax: 212-948-0360 INSURER(S) AFFORDING COVERAGE NAIC # 22667INSURER A : ACE American Insurance Company05194 -ALL-GAWU-13-14 INSURED 20699 COM CAST CORPORATION INSURER B : ACE Property And Casualty Ins Co INSURER C : Indemnity Ins Co Of North America ,43575ONE COMCAST CENTER 1701 JOHN F. KENNEDY BLVD . INSURER 0:PHILADELPHIA, PA 19103 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER' CLE-004015035-01 REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR TYPE OF INSURANCE I~~~~ SUBR 1 1~~M%~1 11~~~6%~1 LIMITSLTR WVD POLICY NUMBER GENERAL LIABILITY EACH OCCURRENCE S 4,900,000 -:-:XSL G27327643 12101/2013 DAM':9.~ I'i'eRENTED 4,900 ,000A X COMMERCIAL GENERAL LIABILITY 12101/2014 PREMISES Ea occurrencel S --; ~CLAIMS-MADE 0 OCCUR 10,000MED EXP (Anyone person) $ ,- 4,900,000PERSONAL & ADV INJURY S rx$100,000 SIR GENERAL AGGREGATE S 25,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMPIOP AGG $ 6,000,000 rx-l POLICY n m?i n LOC S AUTOMOBILE LIABILITY iio~~~~~~tlSINGLE LIMIT $ 10,000,000 I--c-A X ANY AUTO ISA H08815069 12101/2013 12101/2014 BODILY INJURY (Per person) $ I--c-ALL OWNED r-SCHEDULED BODILY INJURY (Per accidenl) SAUTOS AUTOSI--c-I--NON-OWNED ip~~~~d~I?AMAGEHIRED AUTOS AUTOS $ I-I- $ X UMBRELLA L1AB MOCCUR EACH OCCURRENCE S 5,000,000 B I-XOO G27372831 1210112013 12/01/2014 5,000,000EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ C WORKERS COMPENSATION WLRC47873691 (A OS) 12101/2013 1210112014 Xlr~TtJN~1 IOJ~-AND EMPLOYERS' LIABILITY A YIN WLRC47873708 (CA) 12/01/2013 1210112014 2,000,000ANY PROPRIETOR/PARTNER/EXECUTIVE ~J E.L. EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? N/A WLRC4787371A (MN) 12/0112013 12/01/2014 2,000 ,00 0A (Mandatory In NH) E.L. DISEASE EA EMPLOYEE $ A ~~~t~~~fr~O~()PERATIONS below SCFC47873721 (WI) 12101/2013 12/01/2014 E.L. DISEASE -POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES (Attach ACORD 101, Addltlonal Remarks Schedule, If more apace Is n!quln!dl EVIDENCE OF INSURANCE CERTIFICATE HOLDER CANCELLATION COMCAST BUSINESS COMMUNICATIONS, LLC ONE COMCAST CENTER 1701 JOHN F. KENNEDY BLVD . PHILADELPHIA, PA 19103 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . I AUTHORIZED REPRESENTATIVE 01 Marsh USA Inc. Manashi Mukherjee ...M.o..~..... ~ © 1988-2010 ACORD CORPORATION. All nghts reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 7, 2014 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Stantec Consulting Services Inc. for Milton Multi -use Trail Connection to Big Creek Greenway. MEETING DATE: Monday, March 17, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: kAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: K YES () NO CITY ATTORNEY REVIEW REQUIRED: k YES () NO APPROVAL BY CITY ATTORNEY (APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS 031-7/Lf ® YOU= PHONE: 678.242.25001 FAX: 678.242.2499 ".Green- 0"U ; Cgrifid info9cityofmiltongo.us I www.cityofmiltonga.s Communit Ems« _0% i 13000 Deerfield Parkway, Suite 107 i Milton GA 30004 -'C SER.. Eo 6RONie To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: Submitted on March 7, 2014 for the March 17, 2014 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Stantec Consulting Services Inc. for Milton Multi-use Trail Connection to Big Creek Greenway ____________________________________________________________________________ Department Recommendation: Staff is recommending approval of the Professional Services Agreement. Executive Summary: The City of Milton completed a local Comprehensive Transportation Plan, North Fulton Comprehensive Transportation Plan, and Livable Centers Initiative that all looked at multi-use connections in areas of the City and regional connections. Milton’s Multi-use Trail Connection APPROX PROJECT STUDY AREA to the Big Creek Greenway is a project that creates multi-use connections in the Windward Parkway Activity Center and surrounding areas between regional thoroughfare networks, schools, parks, senior centers, retail, MARTA bus routes, and greenways. The goal of this planning project is to assess the multi-use connection alternatives, determine the preferred location for the improvement, prepare mapping, identify environmental impacts and permits required to construct the project and provide a funding strategy. The concept plans will include design features that are aesthetically pleasing and complement the area and to develop in a way that is physically possible and cost effective. The city received federal funding to conduct a concept study for connecting to the Big Creek Greenway, issued an RFQ and received 8 proposals. In accordance with the city’s standard procurement procedures and federal policies, staff reviewed the submittals and is recommending approval of the Professional Services Agreement with Stantec for the concept study in the amount of $250,000. Funding and Fiscal Impact: Funding for this project will be available in the Capital Grant fund and 80% of the project is reimbursable. Alternatives: There are no alternatives to this project. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 2/26/2014 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): 1. Professional Services Agreement noMrcr' MILTONt 'S E PROFESSIONAL SERVICES AGREEMENT MILTON MULTI -USE TRAIL CONNECTION TO SIG CREEK GREENWAY This Agreement made and entered into this day of , in the year 2014, 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 Stantec Consulting Services Inc. (-`Consultant") having its principle place of business at 3 160 Main Street, Suite [ 00, Duluth, Georgia 30096. WHEREAS, the City issued a Request For Qualifications (Milton Multi -use Trail Connection to Big Creek Greenway Scoping and Concept Study), to solicit bids for planning and design services for multi -use trail connections to Big Creek Greenway; and WHEREAS, based upon Consultant's qualifications to provide these services as required by the RFQ 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 Iicensed 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: 1.0 Contract Documents This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A REQUEST FOR QUALIFICATIONS/SCOPE OF WORK EXHIBIT B RESPONSE TO BID/FEE SCHEDULE EXHIBIT C INSURANCE CERTIFICATE EXHIBIT D CONSULTANT AFFIDAVIT EXHIBIT E SUBCONSULTANT AFFIDAVIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. 2.0 Scope of Work; Compensation 2.1 The Consultant agrees to provide all Services specified in Exhibit "A." 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. 2.2 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 $250,000 (the "Contract Price') for the following tasks without prior written approval from the City. All expenses shall be paid at a direct cost based on invoices submitted with no mark up from the consultant. Task 0 — Stakeholder Involvement and Client Communication; Task l —Data Collection; Task 2 — Environmental Screening Task 3 — Develop Connection Scenarios Task 4 — Prepare Improvement Scenarios and Concept Plans Task 5 — Economics and Funding Task d — Concept Report and Deliverables 2.3 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. 2.4 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. 2.5 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. 2.6 The City Manager has authority to execute without further action of the Milton City 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. 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 Milton City Council. 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 responsibility for the services rendered in connection with this Agreement. The Consultant shall bear losses and damages resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees from and against liability, judgments, damages, losses, and expenses, including but not limited to, reasonable attorney's fees, but only to the extent caused by the willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone 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. 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, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. 4 (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) 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 atter thirty (30) days prior 5 written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 4 of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A:VII. (5) Verification of Covera e: 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, where applicable. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (F) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: Excluding Professional Liability, 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 18, 2014 and shall terminate absolutely and without further obligation on the part of the City on December 31, 2014 and on December 31 of any renewal year, as described herein. 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 of any year, shall automatically renew on January 1 of the following year, and further provided that this Agreement shall terminate without renewal upon the completion of the project as specified herein. Except as otherwise provided for in Exhibit "A", 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 written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 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 applicable laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 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. 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 (Z) 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: Stantec Consulting Services Inc. 3160 Main Street, Suite 100 Duluth, Georgia 30096 Attn: Mike Buhler 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 (1) E -Verify Affidavit It is the policy of the City of Milton 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: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits `'0" and "E" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EE.V" or "E - Verify") program. of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "la", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 1340-91 and Rule 300-10-1-A2 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be 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 their 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 report same to the Department of Homeland Security. The Contractor's failure to 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. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.1 W- 504 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractorts required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure From the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. 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. 19.0 Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement. Consultant, for itself, its to assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 19.0 in every subcontract for services contemplated under this Agreement. 20.0 The total amount of all claims the City may have against the Consultant under this Agreement or arising from the performance or non-performance of the Services under any theory of law, including but not limited to claims for negligence, negligent misrepresentation and breach of contract, shall be strictly limited to the lesser of the fees or $500,000. 21.0 Neither the City nor the Consultant shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected to this Agreement or the performance of the services on this project. This mutual waiver includes, but is not limited to, damages related to loss of use, loss of profits, loss of income, unrealized energy savings, diminution of property value or loss of reimbursement or credits from governmental or other agencies. 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] SIGN". S ED. AND DELIVERED In W 4 SMary should attest) Print Name Notary Public ` -- - - [NOTARY SEALI My Commission Irx�i�es SIGNED. SEALED. AND DELIVERED In the presence of Wilrtess Notary Public [NOTARY SEALI My Commission Expires - Stantec Consulting Services Inc. Ssgreahus ��Ie'ffsa"' Print Name t ,2A->cr F,i f.- TiUe {AFFIX CORPORATE S1 AIJ 14MTON Crrx COUNCIL: Joe Lockwood, Mayor [CITY SEAL] �" 00 - '4 � Corp -o Mtje n 12 EXHIBIT "A" REQUEST FOR QUALIFICATIONS/SCOPE OF WORK EXHIBIT "B" RESPONSE TO BID/FEE SCHEDULE EXHIBIT "C" INSURANCE CERTIFICATE EXHIBIT "D" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON 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 engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorised to use and uses the federal work authorization program commonly known as E - Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _ 45737 1 hereby declare under penalty of perjury that the eVerify Number foregoing is true and correct. Executed on Arck , ._, 201+� in 17w1uitcity), 6/19/2007 6°r (state). Date of authorization Stantec Consulting Services Inc. Signature of Author/ed fficer or Agent Name of Contractor Michael J. Buhler, Principal _ Milton Connection to Greenway Printed Name and Title of Authorized Officer or Name of Project Agent Ci of Milton Name of Public Employer SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ;,J DAY OF { _�01. NOTA 1t PUBLIC t0P C FA,9�,,, [NOTARY SEAL] My Commission Expires: EXHIBIT :T" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON 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 Stantec Consulting Services, Inc. on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization programs commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in D.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10- 91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number � I4 A 2— Date of Authorization C�i�n Lr• i netCt •,� � ���,:����.:1 Name of Subcontractor •� ,Milton Connection to Greenway Name of Project Qly pf Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. ��^^ Executed on �' 201�„ilk ^^I'LL city), Sia tum of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE � � DAY OF ARY PUBL"ry Public �! Prince George's County [NOTARYIISbsl My Commission liras Ater. 19, ZdiT My Commission Expires:— aVI i EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON 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 Stantec Consulting Services, Inc, on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10- 91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: �� eVerify Number 1 7- 2. Date a Auth don Name of Subcontractor Milton Connectioa to Greenwa Name of Project Gty of Milton Name of Public Employer ❑FFICIAL SEAL. ERIN E WALIS'!ER NOTARY PUBLIC -OREGON ov'! COMMISSION ND] 455749 MY COMMISSION EXPIRES FEBRUARY 03, 2015 I hereby declare under penalty of perjury that the foregoing is tate and correct. Executed L 21201 Y_ in (city), oe fir, Signature If AkalioWed Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED ANDWORN BEFORE ME HI ON TS THE J,_Zf_AY OF 20i .ri0:2^G]4 L t 6L - NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: �egVA /LjF SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON 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 Stantec Consulting Services, Inc. on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13 -10 -91 - Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G_A. § 13-10- 91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward. within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: I hereby declare under penalty of penury that the eVerify Number foregoing is true and correct. Date of Authorization Name of Subcontractor Milton Connection to Greenwav Name of Project City of Milton Name of Public Employer Executed on in ( is 5(city), C c: (state). Signature of Authorized f}icer or Agent { rIL Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE , DAY 4F 201 �. N6TARY PU13LC [ NOTARY SEAL) My Commission Expires: �_� EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON 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 Stantec Consulting Services, Inc. on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program conunonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-14- 91(b)_ Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 210078 eVe.rify Number _April 30, 2009 Date of Authorization Edwards -Pitman Environmental, Inc. Name of Subcontractor Milton annection to Orpetiwn Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on-- Feb.. _2Z, 2p1_4in ,9my1ftdty), A (state). Signature of Authorized Officer or Ageut Andrew W. Fit c_Vice President Printed dame and Title of Authorized Officer or Agent SUBSCRIBED ANL) SWORN BEFORE 11J0Ri Ifaa�e ON THIS THE ) DAY OF �0� ��.�- �Re�� eked elgr4 ,2011. ] .. ,' pTA,�,� *yKR'V'PUBL1C [NOTARY SEAL] .0 BOG ,�� My Commission ExpireEXP I RATI X,q&W R i%' HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 7, 2014 FROM: City Manager AGENDA ITEM: Approval of a Change Order between the City of Milton and Atkins North America, Inc. to Provide Preliminary Engineering — Design Phase for Crabapple Streetscape Project. MEETING DATE: Monday, March 17, 2014 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED:) YES () NO CITY ATTORNEY REVIEW REQUIRED: YES O NO APPROVAL BY CITY ATTORNEY ( } APPROVED O NOT APPROVED PLACED ON AGENDA FOR: 031-714 REMARKS 0* In .30 Your -- "'� Green 4v ' Certified t fopiUu PHONE: 678.242.25001 FAX: 678.242.2499 nr�� inioftiiyofmiltonga.us I www.cityofmiltonga.us ""'g Community "Iy0f 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 0 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on March 7, 2014 for the March 17, 2014 Regular Council Meeting Agenda Item: Approval of a Change Order between the City of Milton and Atkins North America, Inc. to Provide Preliminary Engineering – Design Phase for Crabapple Streetscape Project ____________________________________________________________________________ Department Recommendation: Staff is recommending approval of the Change Order. Executive Summary: The City submitted a revised application for the proposed Crabapple Area Transportation Enhancement (TE) project in June 2011. Georgia Department of Transportation (GDOT) signed the MOU and issued a NTP on July 12, 2013. The City issued an RFQ and received 7 proposals. In accordance with the city’s standard procurement procedures and federal policies, staff reviewed the submittals and executed a professional services agreement with Atkins on October 7, 2013. Atkins has completed the concept services tasks that were included in the professional services agreement. The concept report has defined the future phases of services that will be required and provided an economical approach to completing required future design services. This change order adds the scope and fees for the future design services including environmental clearance and complete design plans. Funding and Fiscal Impact: Funding for this project is available in the Crabapple Streetscape Capital Grant account. The City will fund 100% of preliminary engineering with the local match that will count toward the local requirement of 20% of the total project costs. Federal TE Grant funds will be used for construction. Legal Review: Jarrard & Davis – Paul Higbee 3/6/2014 Attachment(s): Change Order HOME OF 'THEBEST QUALITY OF LIFE IN GEORGIA' MILNNN TON*, ESTABLISHED 2006 CHANGE ORDER #1 FOR PROFESSIONAL SERVICES AGREEMENT CRABAPPLESTREETSCAPE WHEREAS, the City of Milton, Georgia and Atkins North America, Inc. have entered into a Professional Services Agreement (the "Agreement") dated October 7, 2013, incorporated herein by reference, for streetscape improvements in the Crabapple area; and WHEREAS, the original Agreement contemplated that scope and fees for Tasks 3-6 would be determined at the completion of Task 2; and WHEREAS, the parties desire to issue a change order pursuant to Section 2 of the Agreement, it being to the mutual benefit of all parties to do so, as set forth herein for the reasons and consideration set forth herein. NOW THEREFORE, the parties hereto agree to amend the Agreement as follows: 1. Section 2.0 Scope of Work; Compensation; Compensation of the Agreement is amended by replacing "...$27,250 (the "Contract Price") plus expenses, estimated at $1,250..." with "...$123,750 (the "Contract Price") plus expenses, estimated at $3,250..." 2. Exhibit 'B" Response to Bid/Fee Schedule is amended by adding the additional tasks set forth in Exhibit 'COI -B,' attached hereto and incorporated herein by reference. ©* roe® Green PHONE: 678.242.25001 FAX: 678.242.2499 A na�ss ® : City of IMo®cltyofmiHonga.us I www.cifyofml8onga.us Community {ly,Crim 13000 Deerfield Parkway. Suite 107 Milton GA 30004c`EA fIEO�BRONZE - 9O 2 1 Atkins Professional Services Change Order IN WITNESS WHEREOF, the parties hereto have caused this Change Order to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. SIGNED, SEALED, AND DELIVERED in the presence of. r , nes Notary Public [NOTARY SEAL] My Commission Expires: 'Sj awl a0t6� Atkins North America, c. -C�vvvVl Si a ure �ok�ut f�U��PaU . Print Name i Title [AFFIX CORPORATE SEAL] Kirstin Copenhaver NOTARY PUBLIC Cobb County, GEORGIA My Commission Expires 8/23/2015 CITY OF MILTON: Joe Lockwood, Mayor ATKI NS February2g, 2014 City of Milton Mr. Carter Lucas Director of Public Works 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Atkins North America, Inc 1600 RiverEdge Parkway, NW, Suite 600 Atlanta, Georgia 30328 Telephone: +1.770.933.0280 www.itkinsgiobal.com/northamerka Re: Additional Service request for Crabapple Streetscape Transportation Enhancement Project, (SR 372; Broadwell Rd; Mayfield Rd and Mid Broadwell Rd @4 LOCS). Dear Mr. Lucas: Atkins appreciates the opportunity to submit this proposal for professional survey, engineering and landscape architecture services for the Crabapple Streerscape Transportation Enhancement project. We understand the Crabapple Suretscape project will be financed through Transportation Enhancement funds. Atkins has assembled a multidisciplinary team with the technical expertise, local knowledge, and commitment to provide quality and cost effective design solutions to assist the City of Milton ensure the success of this project. This funding is to provide design services for sidewalk and streetscape improvements along Mayfield Road from the intersection of Broadwell Road and Birmingham Highway terminating northeastern of Charlotte Drive (approximately 1,200 linear feet} The proposed streetscape project will include asphalt resurfacing, curb and gutter, sidewalks, curb ramps, with ADA accessibility brick pavers, driveway aprons, stormwater drainage pipes and inlets, retaining walls, pedestrian lighting, benches, trash receptacles, crosswalks, pavement markings, and landscape improvements. The plans will also reflect and coordinate with the proposed North Fulton County Library that is planned at the comer of Mayfield and Charlotte Drive, scheduled to begin construction in 2014. Outlined below is Atkins proposed scope of work and professional fee summary. Proposed Scope of Work Phase I - Concept Report and Conceptual Master Plan - Complete Phase 19 - Environmental Clearance Atkins will prepare the Environmental Clearance (CE) documentation for the project to comply with the National Environmental Policy Act of 1969 (NEPA). Because this project is designed to enhance the transportation system, it is expected to not have significant adverse environmental impacts. Compliance and reviews of environmental impacts arc usually accomplished using a Categurical Exclusion (CE) finding. The Crabapple project will require the following studies, submittals and/or approvals: • Air quality Assessment/write-off • Noise Assessment/write-off ATKINS • Historic/106 Streamlined Report/worksheet • Ecology Report/worksheet and Early Notification Letter • Categorical Exclusion/NEPA evaluation (for 4(f), land uses, commitment table, etc.) • Environmental Commitments Table (green sheet) • Periodic Reevaluation (one time) & Environmental Validation (prior to construction let) Phase III - Complete Design Plans Task MA - Prepare Field Survey Data Atkins will conduct a survey of the existing site conditions. The survey will be prepared to identify the potential existing conditions that may affect or influence the future design of the improvements within the corridor. Clerical staff will begin the property owner notification process by preparing the informational letters to be delivered to all property owners adjacent to the project corridor. We propose to meet and review with the City project manager the existing site conditions and survey so there is a clear understanding of the site. The proposed survey will include the following items - I. Provide a field run survey in MicroStation vgi and InRoads Standard, 2. Prepare a survey of the ROW of the project area, including ROW of Mid Broadwell Road and Charlotte Drive. The survey will depict all property comers located and side property lines from deeds/plats/tax maps. This will be done in a GDOT style ROW survey and should not be construed as individual boundary surveys for the properties involved- There are an estimated 16 parcels within the project corridor. 3. The project area includes all ROW areas and 25 reet beyond Generally the limits of the survey will extend along the street from face of building to face of building. On all surface streets where buildings do not exist, the survey will extend 25 feet from the ROW line. 4. Georgia One -Call will be contacted to request a "design locate" of underground utilities in the project area. We will additionally contact any utility providers listed on the design locate tickets and obtain copies of record information from the providers if they are willing to supply such information. Subsurface utility designation by Atkins personnel is not included in these services. Survey shall include all existing above grade and overhead utilities, as well as Georgia One -Call designated utilities_ The specific systems will include storm drainage, sanitary sewer, power, telephone, cable, gas, and water. Inverts, top elevations, and pipe sizes and material will be provided on all sanitary and storm sewer structures within the survey area and all pipes leading to or from the project area. Record information from utility providers will be digitized and depicted on the drawing if possible. 5. Survey shall locate and identify all built and non -built features including but not limited to trees (12 inches and larger) and shrubs (identify species, caliper size, edge of canopy, and elevation), curbs, pavements, walls (identify height material) fences, signs, and all other site features. 6. Provide 1 -foot contour intervals and topographic elevations at critical spot elevations for the entire project area. For both the sidewalk and roadway areas, provide spot elevations at center of road, top and bottom curb, and face of building (where applicable) every 50 feet along the length of project roadways and for 50 feet in both directions for all side streets. In addition, provide finish floor elevation of buildings, spot elevations and door locations for each door opening, the comer and face of buildings, entrances into parking decks or parking lots, at each cross street and at each curb cut (handicap ramps, driveway, etc.) Identify types of pavement surfaces in both the walkway and street. 7. Provide the location of existing pavement striping, including the centerline of the street, location, mrd width of each travel lime. ATKINS Task M - Preliminary Plan Documents 35% and 60% We understand that this project is to be designed in accordance with GDOT Design Standards and the GDOT Standard Spxifications for tim Construction of Transportation Systems 2013 Edition, applicable AASHTO Guidelines, and the ADA requirements and guidelines. The plans will follow the GDOT plan format as described in the Plan Presentation Guide. Atkins proposes to prepare, assemble, and coordinate the necessary documents to complete the streetscape project. Atkins will prepare Preliminary Plan documents including cover sheet, index sheet and revision summary, general notes, typical sections, summary of quantities, detailed estimate, roadway/sidewalk Plans, layout plans, signing and marking plans, retaining wall plans, miscellaneous details sheets, drainage profiles, landscape and site furnishing plans, lighting location plans, roadway cross sections, and erosion control drawings and specifications. In addition, Atkins shall conduct coordination meetings at the City of Milton to review preliminary design plans, prepare constructability review of preliminary design plans, attend preliminary field plan review, prepare preliminary retaining wall design sent to GDOT (Office of Bridge Design), prepare preliminary utility relocation plans and send to utility providers, provide preliminary cost estimate of the propuxxl improvements, and provide general project coordination with City of Milton and GDOT. Task HIC - Final Plans 90%_100% Atkins will prepare Final Plan documents including cover sheet, index sheet and revision summary, general notes, typical sections, sunumuy of quantities, detailed estimate, roadway/sidewalk plans, layout plans, signing and marking plans, retaining wall plans, miscellaneous details sheets, drainage profiles, landscape and site furnishing plans, lighting location plans, roadway cross sections, and erosion control drawings and specifications. In addition Atkins shall conduct coordination meetings at a location provided by the City of Milton to review final design plans, prepare constructability review, attend final field plan review, and prepare final retaining wall design sent to GDOT (Office of Bridge Design), prepare final utility relocation plans and send second letter to utility providers, obtain utility agreements, (cost estimates if necessary), provide final cost estimate of the proposed improvements, and provide general coordination with the City of Milton and GDOT, including assisting the City with Utility Certification process. Phase IV - Ris<ht-of-Way Plans Task IV- A Preliminary Right of Way Plow - NIC Task IV- B Field Staking - NIC Task IVC - Final Right -of -Way Plans and Property Negotiations - NIC PROJECT SCHEDULE: Atkins will work with the City of Milton to meet a mutually agreed upon schedule. Note that we will take the necessary steps to expedite the GDOT permitting and approval process; however, this process is not within our control. Nevertheless, please be assured that once the schedule is established, we will aggressively work to ensure that project deadlines are met. PROFESSIONAL FEES: Atkins will complete the scope of work outlined above for the professional fees indicated below. Any additional services requested by the city that are not specifically identified in the above scope of services will be invoiced at our normal hourly rates (see Attachment `B'). ATKINS Phase II - Environmental Clearance $8,500.00 Phase III - Complete Design Plans Task IIIA - Prepare Field Survey Data $13,000.00 Task IIIB - Preliminary Plan Documents 35% and 60% $40,00000 Task IIIC - Final Plans 90P/o-100% $35,000.00 Phase IV- Right -of -Way Plans Task IV -A Preliminary Right of Way Plans $ NIC Task IV -B Field Staking- $ NIC Task IV -C Final Right -of -Way Plans N1C Basic Services for Tasks II, III, IV, (Lump Sum) $96,500.00 Estimated Reimbursable Expenses e 2 000 00* TOTAL PROPOSED FEES 598,500.00 *ESTIMATED REIMBURSABLE EXPENSES: Reimbursable expenses for the project, such as printing, photography, reproduction, couriers, mileage, etc., will be reimbursed, in addition to the professional fees, at 1.10 times our direct cost. General reimbursable expenses (estimated) are $2,000.00. Should reimbursable cost exceed the established budget, Atkins shall seek additional reimbursable expense cost from the City. Invoices are mailed monthly and are due within 30 days. Any additional services requested by the city that are not specifically identified in the above scope of services will be invoiced at our standard hourly rates (see Attachment `B'). Assumptions/Exclusions: Atkins has identified the following assumptions and exclusions for this project: I. This proposal is based on Atkins designing typical streetscape improvements. It does not include major roadway reconstruction, sanitary sewer, and/or utility design or relocation services. The proposal does include typical storm design services and coordination of utility itimmiiun services_ 2. This proposal is based on Atkins preparing one set of contract documents for bid. Preparation or repackaging of contract documents into alternative, multiple packages for bidding and or revisions to drawings and/or specifications previously approved by the City of Milton will be considered outside the agreement and will be billed at our standard hourly rates. 3. Inasmuch as the site development and/or rehabilitation work requires that certain assumptions be made regarding existing conditions and because some of these assumptions may not be verifiable without expending additional sums of money or destroying otherwise adequate or serviceable portions of the site, the City of Milton agrees that, except for negligence on the part of the Atkins, the City of Milton will hold harmless, indemnify, and defend the Atkins from and against any and all claims arising out of the professional services provided under this agreement. 4. Atkins will provide to the City and GDOT reasonable plan sets for review and approvals at the appropriate time. The cost of reproducing the final bid sets Cor prospective bidders and the selected contractor shall be borne either by the City of Milton or the bidder's themselves. S. Atkins has included very limited electrical design coordination services in this contract under the assumption that the contractor will coordinate the streetlight installation with the local power company. Also, note that if the City of Milton opts to place some or all of the utilities within the project area underground, it will need to retain an electrical design contractor to provide the new connections from the new transformers to the existing weather -head or other existing point of service. 6. Services not anticipated and included in this proposal at this time include geotechnical assistance, pavement borings, traffic analysis studies or traffic signal design services, design of art, sculpture or gateway signage, bid assistance, and/or construction administration services. Should these ATKINS services be requested, Atkins will provide additional service requests at the appropriate time. 7. Based on recent meetings, we understand the City of Milton or Fulton County will be responsible for the design of the storm sewer system from the North Fulton Library property (located at the southwestern corner of Charlotte Drive) to the discharge location northeast of Charlotte Drive - Atkins storm sewer design system for Mayfield Road is proposed to tie into proposed storm sewer outfall that will be designed by others. 8. We understand that it is the City of Milton's goal with the design of the project to avoid any acquisition of easements and/or right-of-way. At this time, all right-of-way services associated with the development of the project have been excluded from this proposed scope of work. These services include, but are not limited to, the development of preliminary and final right-of-way plans; field staking of required driveway easements, temporary easements, permanent easements, and/or right-of-way; and property negotiation services, including the development of detailed Property cost estimates, pre-acquisition services, negotiations, and closings services. Atkins' ability to perform and successfully coordinate the proposed scope of services is based on the experience and qualifications of our project team, our willingness to adapt to each project situation, and our commitment to client satisfaction. It is our goal to serve the City of Milton and to provide the highest level of service. Thank you for this opportunity to provide the City of Milton with this proposal. I hope it meets your needs for this phase of the Crabapple Streetscapc Transportation Enhancement projeM Please contact me should you have any questions or require any additional information - D. Boudreau, RLA P Manager, Planning and Landscape Architecture 0 HOME OF `ryE BEtT 0 ST A' N111 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 7, 2014 FROM: City Manager AGENDA ITEM: Proclamation Recognizing Rare Disease Day. MEETING DATE: Monday, March 17, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY ATTORNEY APPROVAL REQUIRED: {) YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: 03 1-1 14 REMARKS {) NOT APPROVED NO 1 NO () NOT APPROVED ® You PHONE: 678.242.2500 1 FAX: 678.242.2499 Green` op*Certified ; 7op 100 infoftityofmiltonga.us I www.cityofmilbnga.us "e Community ;F IT�;;°Sr 13000 Deerfield Parkway, Suite 107 1 Muton GA 30004 e Recognizing Rare Disease Day WHEREAS, on February 28 the National Organization for Rare Disorders and the National Institutes of Health (NIH) held National Rare Disease Day; and WHEREAS, as part of the awareness effort, Fulton County Schools Superintendent Dr. Robert M. Avossa joined Senator John Albers and Mayor Joe Lockwood at Crabapple Crossing Elementary in recognizing the courageous fight of three students; and WHEREAS, there are nearly 7,000 diseases and conditions considered rare (each affecting fewer than 200,000 Americans) in the United States, according to the NIH; and WHEREAS, while each of these diseases may affect small numbers of people, rare diseases as a whole affect almost 30 million Americans; and WHEREAS, while more than 450 drugs and biologics have been approved for the treatment of rare diseases according to the Food and Drug Administration (FDA), millions of Americans still have rare diseases for which there is no approved treatment; and WHEREAS, individuals and families affected by rare diseases often experience problems such as diagnosis delay, difficulty finding a medical expert, and lack of access to treatments or ancillary services; and WHEREAS, thousands of residents of Georgia, and hundreds in Milton, are among those affected by rare diseases since nearly one in ten Americans have rare diseases; and WHEREAS, thousands of patients and caregivers, medical professionals, researchers, companies developing orphan products to treat people with rare diseases, and others in the state of Georgia will participate in that observance. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, let it be resolved that the City of Milton observed Rare Disease Day. Given under our hand and seal of the City of Milton , Georgia on this 17th day of March, 2014. ________________________________ Mayor Joe Lockwood HOME OF ` ESTABLISHFO 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 7, 2014 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Adopt Amendments to the Fiscal 2014 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. MEETING DATE: Monday, March 17, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: 14PPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES 0 NO CITY ATTORNEY REVIEW REQUIRED: () YES K NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: p 31 714 REMARKS *Pt ® Yau(M PHONE: 678.242.2500' FAX: 678.242.2499 -Green 4W*Cwrnfied* 4;� infofcityofmiltonga.us I www.6tyofmiltonga.us """"� Community i clty EthLf t 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 'B� City of Milton, Georgia Fiscal Year 2014 Summary of Departmental Budget Amendments The goal of the fiscal year 2014 budget amendment is mainly to account for the additional local option sales tax revenues the City anticipates to receive as a result of the finalized negotiations for this revenue source. This amendment also revises departmental budgets and interfund transfers based on activity-to-date and future projections. GENERAL FUND The General Fund is the principal operating fund of the government and is used to facilitate current year operations. General Fund revenues have unrestricted use. Expenditure requests are categorized into two categories: Salary/Benefits and Maintenance/Operating. Salary / benefits line items include salaries, overtime, vacation pay, retirement and other associated payroll expenditures. The maintenance/ operating category includes expenditures related to operational line items such as, supplies, professional fees, training, dues/fees, travel, utilities, communications, machinery & equipment, etc. GENERAL FUND SUMMARY: Revenue Appropriation Increase 3,608,815 Expenditure Appropriation Increase 3,305,636 Net Revenue/(Expenditure) Requests:303,179 Revenue Amendments: The change in original revenue estimates for the following revenue sources is driven by analysis of the activity-to-date. A projection was completed using available data indicating the fiscal year 2014 revenue estimates could be adjusted by the amounts indicated in the table on page 3. Some of the most significant changes are explained as follows: 1. Local option sales tax is anticipated to be $3 million more than what was budgeted as a result of the renegotiated allocation of this revenue source. 2. Motor vehicle taxes have increased significantly as a result of House Bill 386. This was passed by the legislators in 2012 with a March 1, 2013 effective date and provided for a new method of taxation called the “title ad valorem tax.” It is predicted that this revenue source will trend higher for the next two or three years and then start to taper off as individuals cycle out of the “birthday tax” previously in place. For FY 14, the trend is showing an increase of $150,000 over what is currently budgeted. 3. Insurance premium tax increased by $100,000 based on collections over the past two years. 4. Building permit revenues were increased by $80,000 to account for higher-than-anticipated collections. 5. The court administration fee and fines and forfeitures were increased by a total of $140,000 due to the trend of higher- than-anticipated revenues in this fiscal year. 1 of 38 Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) TAXES Current Yr Property Taxes-Real 8,007,886 7,948,755 7,800,000 - 7,800,000 - 7,800,000 Current Yr Property Taxes-Utility 59,227 60,042 59,000 - 59,000 - 59,000 Prior Yr Property Taxes-Real 307,548 298,587 290,000 - 290,000 183,811 106,189 Current Yr Prop Taxes-Personal 204,611 200,861 180,000 10,000 190,000 - 190,000 Motor Vehicle Tax 575,665 751,348 550,000 150,000 700,000 335,574 364,426 Intangible Tax 237,498 269,681 230,000 20,000 250,000 60,981 189,019 Prior Yr Prop Taxes-Personal 4,184 11,422 5,000 - 5,000 2,730 2,270 Real Estate Transfer Tax 53,571 71,341 55,000 20,000 75,000 22,310 52,690 Franchise Fees 1,842,164 1,867,963 1,800,000 - 1,800,000 513,569 1,286,431 Local Option Sales Tax 3,982,249 3,983,981 4,000,000 3,000,000 7,000,000 1,696,490 5,303,510 Alcohol Beverage Excise Tax 293,425 298,125 285,000 - 285,000 94,750 190,250 Business & Occupation Tax 613,094 663,050 590,000 15,000 605,000 134,404 470,596 Insurance Premium Tax 1,627,175 1,684,784 1,500,000 100,000 1,600,000 - 1,600,000 Financial Institution Tax 32,795 33,918 33,000 - 33,000 20,378 12,622 Penalties & Interest-Real Prop 32,758 23,285 20,000 - 20,000 15,177 4,823 Penalties & Interest-Pers Prop 775 2,606 1,000 - 1,000 217 783 Penalties & Interest-Business Lic 15,420 15,673 6,000 - 6,000 4,068 1,932 Penalties & Interest-Other 3,851 5,639 3,000 - 3,000 127 2,873 Total: Taxes 17,893,895 18,191,063 17,407,000 3,315,000 20,722,000 3,084,587 17,637,413 LICENSES & PERMITS Alcohol Beverage Licenses 135,851 145,600 135,000 - 135,000 132,400 2,600 Advertising Fee 1,200 1,072 1,000 - 1,000 1,000 - Pouring Permit 6,620 5,970 5,000 - 5,000 2,565 2,435 Solicitation Permit 195 1,170 300 - 300 195 105 Zoning & Land Use Permits 11,107 21,147 13,000 5,575 18,575 18,575 - Land Disturbance 14,143 85,860 75,000 56,254 131,254 131,254 0 Modification 1,600 100 500 - 500 350 150 Variance 6,200 3,425 2,000 - 2,000 1,700 300 Seasonal & Special Events 1,360 880 700 - 700 620 80 Sign Permits 1,625 4,673 1,000 1,565 2,565 2,565 (0) Building Permits 311,864 405,191 320,000 80,000 400,000 151,351 248,649 Retaining Wall - - - - - - - NPDES Fees 774 3,066 2,500 2,821 5,321 5,321 0 Taxi & Driver Permitting Fees - 200 - 800 800 800 - Total: Licenses & Permits 492,538 678,353 556,000 147,015 703,015 448,696 254,319 INTERGOVERNMENTAL REVENUES Fulton County/SSD Funds - 48,298 - 1,711 1,711 1,711 (0) Total: Intergovernmental Revenues - 48,298 - 1,711 1,711 1,711 (0) CHARGES FOR SERVICES Precious Metals Work Permit Admin Fee - 70 - - - - - Finance Admin Fee 65,532 68,250 60,000 - 60,000 22,095 37,905 Court Admin Fee 187,144 159,812 150,000 20,000 170,000 87,583 82,417 Maps & Cert Letters 150 390 150 - 150 150 - Plan Review Fees 104,363 155,030 100,000 - 100,000 64,328 35,672 Open Records Fees 854 598 350 - 350 220 130 Online Payment Convenience Fee 3,981 4,284 4,000 - 4,000 2,915 1,085 Development Bond Fee 4,450 200 500 - 500 650 (150) Election Qualifying Fee - 2,250 - - - - - Accident Reports 3,632 1,140 1,000 (1,000) - - - Expungement Fees 1,955 2,200 1,700 - 1,700 1,100 600 Alarm Registration 5,450 (1,050) - - - - - False Alarms 6,300 6,300 6,500 - 6,500 1,950 4,550 Fire Plan Review 543 913 600 200 800 812 (12) Fire Inspection 2,850 170 2,000 - 2,000 1,400 600 Fingerprinting Fee - 1,720 700 300 1,000 1,095 (95) Fingerprinting/Gold Buyers/Pawn Shops - 60 100 - 100 - 100 Medical Reimbursement - - 10,000 - 10,000 - 10,000 CPR Classes 65 444 250 - 250 52 198 FY 2014 Revenues FY 2012 Actuals FY 2013 Actuals Account Name 2 of 38 Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) FY 2014 Revenues FY 2012 Actuals FY 2013 Actuals Account Name Self Defense Class - 1,320 1,000 - 1,000 210 790 Background Check Fees 14,095 14,995 12,000 - 12,000 7,045 4,955 Activity Fees/Camp Bethwell - - - - - - - Activitiy Fees/Joyful Soles 13,019 15,515 26,950 - 26,950 - 26,950 Facility Rental 1,648 2,633 2,000 - 2,000 - 2,000 Activity Commissions 33,899 48,041 40,000 (10,000) 30,000 - 30,000 Activity Commissions/ATPP - - - - - - - Activity Commissions/Core Physique - - - 1,156 1,156 1,156 0 Activity Commissions/Eagle Stix Lacrosse - - - - - - - Activity Commissions/Kim Saunders Yoga - - - 1,330 1,330 1,330 - Activity Commissions/North GA Rec - - - 6,438 6,438 6,438 - Activity Commissions/Sperber Music - - - 281 281 281 (0) Activity Commissions/YMCA - - - 911 911 911 - Bad Check Fees 210 30 60 185 245 245 - Total: Charges for Services 450,141 485,314 419,860 19,801 439,661 201,966 237,695 FINES & FORFEITURES Fines & Forfeitures 483,242 382,434 360,000 120,000 480,000 193,827 286,173 Ordinance Fines - - - 1,600 1,600 1,600 - Total: Fines & Forfeitures 483,242 382,434 360,000 121,600 481,600 195,427 286,173 INVESTMENT INCOME Interest Revenue 3,720 2,330 2,500 - 2,500 390 2,110 Realized Gain/Loss on Investmt 12,692 17,018 12,000 - 12,000 7,142 4,858 Total: Investment Income 16,412 19,347 14,500 - 14,500 7,532 6,968 CONTRIBUTIONS & DONATIONS Donation Revenue - 100 100 100 - Donation Revenue-Pub Sfty - 3,358 - 992 992 992 0 Donation Revenue-Public Safety Fd 5,875 3,317 - - - - - Donation Revenue-R.A.D. - 1,000 - - - - - Donation Revenue-Golf Tournament - 23,605 - - - - - Donation Revenue-Community Development - 195 - 44 44 44 - Donation Revenue-Parks & Recreation - - - 52 52 52 0 Total: Contributions & Donations 5,875 31,475 - 1,188 1,188 1,188 0 MISCELLANEOUS REVENUE Cell Tower Lease 17,940 17,940 17,940 - 17,940 5,980 11,960 Lease-15315 Thompson Rd - 2,374 - - - - - Lease-15260 Bell Park Rd - 110 - - - 30 (30) Facility Rental - - - - - 1,203 (1,203) Insurance Proceeds 238 2,642 - - - - - Insurance Proceeds-Pub Sfty 19,846 10,400 - - - - - Insurance Proceeds-PW 10,902 8,816 - - - - - Other Misc Revenue 26,096 4,405 9,100 2,500 11,600 11,477 123 Over/Short Cash Drawer 1 (10) - - - (83) 83 Evidence Room Unclaimed Cash 386 - - - - - - Total: Miscellaneous Revenue 75,409 47,370 27,040 2,500 29,540 18,606 10,934 OTHER FINANCING SOURCES Operating Transfers In-Htl/Mtl Fd 12,688 20,000 20,000 - 20,000 - 20,000 Operating Transfers In-Capital Grant Fund - - 20,000 - 20,000 - 20,000 Sale of Surplus Equipment 2,474 42,616 24,000 - 24,000 910 23,091 Total: Other Financing Sources 15,163 62,616 64,000 - 64,000 910 63,091 TOTAL 19,432,673 19,946,271 18,848,400 3,608,815 22,457,215 3,960,622 18,496,593 3 of 38 Expenditure Amendments: Explanations for each of the amendments to the expenditure accounts are provided within the departmental budget spreadsheets following. Highlights of the amendments are: 1. We are proposing to transfer $2 million out of the General Fund to a newly created fund that accounts for the cost of construction of three projects: Bell Memorial Park, City Hall and the Public Safety Facility. This is based on feedback from the council during the retreat held in December. The construction costs will be supplemented with the issuance of a revenue bond and paid down over a period of ten years. 2. The staffing levels in the Police department are lower than industry standards based on call volume and response times. Research shows we lack 10 positions to bring us up to the minimum staffing level. In an effort to close the gap, we are proposing to increase staffing by four patrol officers and one sergeant. The cost for the remainder of this fiscal year would be approximately $188,576 in operating expenses. 3. The City recently crafted a new lease agreement for the City Hall space that reduced the rent, extended the term to 2019 and allowed us to give back a portion of the current leased space in 2017. During the process of negotiating the new lease, the leadership team went through a series of discussions concerning space needs and functionality. This led us to discover that Police would realize greater efficiencies if the detective division (currently located in Fire Station 43) was housed within the same facility as the rest of the department. The Fire department would also benefit from moving the administrative staff (currently located in City Hall) to a fire station. The decision was made to swap spaces – move the detectives to City Hall and move the Fire admin to Station 43. In order to accommodate the needs and security requirements for the moves to happen, renovations must take place. The total cost of the renovations will be approximately $65,000 for City Hall and $50,000 for the fire station – a total of $115,000. This would be mostly offset with the reduction in rent of $73,222. 4. We recently promoted the Administrative Services Manager to Finance Manager. The salary related to this position was moved from the Human Resources department to Finance. 5. The records storage in City Hall has exceeded its capacity. In order to protect the documents, we have explored the option of storing the records offsite and contracting with a company to scan them into electronic copies. The quoted cost is approximately $30,000 for implementation. 6. We are requesting to add an Assistant Fire Marshal position to the Fire department. This position will provide assistance to the Fire Marshal with fire inspections and plan reviews, fire investigations, community education outreach, emergency management and other life safety initiatives. The cost for the remainder of the fiscal year would be approximately $39,744. 7. Also within the Fire department, we are requesting $29,250 to purchase three thermal imaging cameras to replace the cameras that are currently out-of-service or have reached the end of their life span. 8. In the City Manager’s budget, we are requesting $45,000 to fund professional consulting to explore an official public/private partnership program in Milton. Future partnerships are expected and intended to offset this expense. 9. In the Public Information and Marketing budget, we are requesting $49,000 for the upgrade of the City’s web site. We are looking to refresh the look and functionality of the current site, as well as, transition it to a more comprehensive web tool. 10. Recently, the council expressed an interest in implementing impact fees to offset the cost to service new developments in the City. A consultant will be needed to research and create an impact fee policy. The estimated cost for the consultant is around $50,000. 11. The recent snow storms that hit our area depleted our budgets for materials, machinery and manpower. Thankfully, this is exactly the reason we have a contingency budget. We are requested to move $63,000 out of contingency and into Public Works for emergency services allowance ($55,000) and into Fire for overtime ($8,000). The current budget for Police overtime can cover the additional cost associated with the storms. 12. Lastly, we are proposing to transfer $664,722 out of the General Fund and into the Capital Projects Fund for: a. Vehicle replacement reserve for non-public safety department = $50,000 b. Five new vehicles for the proposed new positions in the Police department = $233,365 c. Two automated license plate readers = $39,917 d. Replace the Fire Battalion Chief vehicle = $57,440 e. Purchase a fire safety house for community education = $16,000 f. Purchase new school zone flashers at BFE and replace others at Cogburn = $88,000 g. Extension of the sidewalk on Cogburn from elementary and middle schools to North Park = $180,000 4 of 38 Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) Revenues Taxes 17,893,895 18,191,063 17,407,000 3,315,000 20,722,000 3,084,587 17,637,413 Licenses & Permits 492,538 678,353 556,000 147,015 703,015 448,696 254,319 Intergovernmental Revenues - 48,298 - 1,711 1,711 1,711 (0) Charges for Services 450,141 485,314 419,860 19,801 439,661 201,966 237,695 Fines & Forfeitures 483,242 382,434 360,000 121,600 481,600 195,427 286,173 Investment Income 16,412 19,347 14,500 - 14,500 7,532 6,968 Contributions & Donations 5,875 31,475 - 1,188 1,188 1,188 0 Miscellaneous Revenue 75,409 47,370 27,040 2,500 29,540 18,606 10,934 Other Financing Sources 15,163 62,616 64,000 - 64,000 910 63,091 Total Revenues 19,432,673 19,946,271 18,848,400 3,608,815 22,457,215 3,960,622 18,496,593 Expenditures Mayor & Council 173,224 167,312 166,576 - 166,576 55,545 111,031 City Manager 290,917 282,478 456,671 75,042 531,713 168,546 363,167 City Clerk 207,949 189,733 210,240 (21,666) 188,574 67,642 120,932 General Administration 40,157 31,692 37,794 - 37,794 18,202 19,592 Finance 458,680 479,962 340,159 27,436 367,595 144,607 222,988 Legal 231,642 216,208 230,000 - 230,000 66,166 163,834 Information Technology 484,523 565,650 580,075 34,582 614,657 255,811 358,846 Human Resources 236,799 272,206 283,931 47,177 331,108 103,651 227,457 Risk Management 181,587 182,588 195,015 - 195,015 81,079 113,936 General Govt Buildings 523,200 337,349 444,900 (8,222) 436,678 180,718 255,960 Public Info & Marketing 86,813 154,213 206,116 48,425 254,541 74,687 179,854 Municipal Court 227,666 233,588 246,985 - 246,985 92,826 154,159 Police 2,701,521 2,846,047 3,220,238 200,576 3,420,814 1,194,788 2,226,026 Fire 4,115,746 4,458,410 5,258,026 150,162 5,408,188 1,891,425 3,516,763 EMS Operations 132,250 99,187 - - - - - Public Works 1,490,622 1,511,028 1,775,643 57,366 1,833,009 560,278 1,272,731 Parks & Recreation 367,880 754,479 978,476 12,158 990,634 440,437 550,197 Community Development 802,453 938,323 1,035,970 60,878 1,096,848 363,322 733,526 Economic Development - 43,914 79,285 - 79,285 20,867 58,418 Debt Service 807,310 90,769 90,770 - 90,770 90,769 1 Other Financing Uses 5,404,000 6,702,559 4,151,071 2,684,722 6,835,793 - 6,835,793 Contingency - - 158,369 (63,000) 95,369 - 95,369 Total Expenditures 18,964,938 20,557,695 20,146,310 3,305,636 23,451,946 5,871,366 17,813,741 Total Revenues Over/(Under) Expenditures 467,735 (611,424) (1,297,910) 303,179 (994,731) (1,910,744) 682,852 Beginning Fund Balance 9,633,064 10,100,799 9,489,374 9,489,374 9,489,374 8,494,643 8,494,643 Ending Fund Balance 10,100,799 9,489,374 8,191,464 9,792,553 8,494,643 6,583,900 9,177,495 General Fund Summary FY 2014 Actuals FY 2012 Actuals FY 2013 5 of 38 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 192,511 206,440 336,583 - 336,583 123,766 212,817 SALARIES AND WAGES / CAR ALLOWANCE 7,200 7,228 7,200 - 7,200 2,603 4,597 Total: Salaries & Wages 199,711 213,667 343,783 - 343,783 126,369 217,414 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE 15,062 17,467 28,958 3,642 32,600 14,816 17,784 EMPLOYEE BENEFITS / 401A (SS MATCH)5,828 6,522 12,506 - 12,506 3,021 9,485 EMPLOYEE BENEFITS / FICA MEDICARE 2,771 2,959 4,837 - 4,837 1,718 3,119 401A 1% MATCH 1,454 2,021 3,334 - 3,334 1,232 2,102 PENSION (GMEBS)9,089 14,064 30,010 - 30,010 6,641 23,369 UNEMPLOYMENT INSURANCE 103 122 165 - 165 142 23 WORKER'S COMPENSATION 640 867 1,312 - 1,312 645 667 FLEXIBLE SPENDING 2,400 - - - - - - Total: Employee Benefits 37,347 44,021 81,122 3,642 84,764 28,214 56,550 Purchased Professional and Technical Services PROFESSIONAL FEES STAFF RETREAT 4,225 510 3,000 - 3,000 - 3,000 ICMA LOCAL GOVT RESEARCH COLLABERATIVE - 1,250 5,000 10,000 15,000 4,153 10,847 OTHER 25,250 5,000 - 55,900 55,900 - 55,900 Total: Professional Fees 29,475 6,760 8,000 65,900 73,900 4,153 69,747 Total: Purchased Professional and Technical Services 29,475 6,760 8,000 65,900 73,900 4,153 69,747 Other Purchased Services COMMUNICATIONS 1,592 2,017 3,500 - 3,500 825 2,675 COMMUNICATIONS/POSTAGE 7 182 200 - 200 51 149 PRINTING: Business Cards 93 119 176 - 176 476 (300) TRAVEL GMA CONFERENCE 1,176 - 1,275 - 1,275 - 1,275 ICMA CONFERENCE 347 4,087 3,500 - 3,500 - 3,500 LEADERSHIP ICMA 2,267 - - - - - - GCCMA CONFERENCE - - 500 - 500 107 393 ALLIANCE FOR INNOVATION CONFERENCE - - - 2,500 2,500 - 2,500 OTHER 48 4,380 - 1,500 1,500 1,061 439 Total: Travel 3,838 8,468 5,275 4,000 9,275 1,168 8,107 DUES AND FEES ICMA 881 1,518 2,800 - 2,800 1,328 1,472 GCCMA 52 125 125 - 125 - 125 CIVIC ORGANIZATION DUES 275 825 2,400 - 2,400 1,192 1,208 ALLIANCE FOR INNOVATION - - 2,500 - 2,500 2,500 - GFOA MEMBERSHIP - - 225 - 225 19 206 GGFOA MEMBERSHIP - - 50 - 50 50 - OTHER - - - - - - - Total: Dues and Fees 1,208 2,468 8,100 - 8,100 5,088 3,012 EDUCATION & TRAINING GMA CONFERENCE 515 - 550 - 550 - 550 ICMA CONFERENCE - 2,682 3,000 - 3,000 - 3,000 GCCMA CONFERENCE - - 425 - 425 400 25 ALLIANCE FOR INNOVATION CONFERENCE - - - 1,500 1,500 - 1,500 OTHER 1,265 555 300 300 535 (235) Total: Education & Training 1,780 3,237 4,275 1,500 5,775 935 4,840 MAINTENANCE CONTRACTS CONTRACT LABOR 13,635 - - - - - - GO-TO MEETING 588 294 - - - 196 (196) Total: Maintenance Contracts 14,223 294 - - - - - Total: Other Purchased Services 22,742 16,785 21,526 5,500 27,026 8,739 18,287 Supplies SUPPLIES / GENERAL SUPPLIES 680 300 1,000 - 1,000 91 909 SUPPLIES / FOOD/MEALS 674 946 1,000 - 1,000 980 20 Total: Supplies 1,354 1,245 2,000 - 2,000 1,071 929 Machinery & Equipment FY 2013 Actuals FY 2014 City Manager 6 of 38 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) FY 2013 Actuals FY 2014 City Manager OTHER EQUIPMENT 289 - 240 - 240 - 240 Total: Machinery & Equipment 289 - 240 - 240 - 240 Total: City Manager 290,917 282,478 456,671 75,042 531,713 168,546 363,167 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Group Insurance 3,642 2. Professional Fees/ICMA Local Govt Research Collaberative 10,000 10,900 45,000 4. Travel and Education & Training/Alliance for Innovation Conference 4,000 5. Travel/Other 1,500 Total Increase 75,042$ 75,042$ Reflects actual costs Amendment Reason To fund the "best practices" study performed by ICMA for conservation options a. To fund the bi-annual citizens' survey as indicated in the Strategic Plan b. To fund public/private partnership consultant TOTAL CITY MANAGER BUDGET AMENDMENTS To send three people to annual TLG conference 3. Professional Fees/Other To participate in GMA task force and to attend additional Local Gov't Research Collaberative meeting 7 of 38 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 123,446 120,206 107,736 - 107,736 39,003 68,733 Total: Salaries & Wages 123,446 120,206 107,736 - 107,736 39,003 68,733 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE 7,518 3,877 18,106 (16,406) 1,700 191 1,509 EMPLOYEE BENEFITS / 401A (SS MATCH)4,615 4,522 4,018 - 4,018 1,463 2,555 EMPLOYEE BENEFITS / FICA MEDICARE 1,755 1,843 1,554 - 1,554 565 989 401A 1% MATCH 268 102 1,072 - 1,072 - 1,072 PENSION (GMEBS)6,360 7,086 9,642 - 9,642 2,134 7,508 UNEMPLOYMENT INSURANCE 97 198 110 - 110 77 33 WORKER'S COMPENSATION 875 343 407 - 407 406 1 FLEXIBLE SPENDING 2,400 4,800 4,800 (260) 4,540 - 4,540 Total: Employee Benefits 23,887 22,771 39,709 (16,666) 23,043 4,835 18,208 Purchased Professional and Technical Services PROFESSIONAL FEES: Election Costs 345 - 12,000 (5,000) 7,000 6,915 85 Total: Purchased Professional and Technical Services 345 - 12,000 (5,000) 7,000 6,915 85 Other Purchased Services COMMUNICATIONS 711 711 715 - 715 237 478 POSTAGE - 239 400 - 400 97 303 ADVERTISING 951 1,184 800 - 800 329 472 PRINTING: Name plates, business cards, general 419 276 500 - 500 - 500 TRAVEL CVIOG 582 599 720 - 720 78 642 GMA ANNUAL CONFERENCE - - - - - - - GRA ANNUAL CONFERENCE 312 - - - - - - Total: Travel 894 599 720 - 720 78 642 DUES AND FEES GMC/FOA - 57 60 - 60 - 60 GEORGIA RECORDS ASSOCIATION 20 - - - - - - MISC - - - - - 37 (37) Total: Dues and Fees 20 57 60 - 60 37 23 EDUCATION & TRAINING CVIOG 710 625 800 - 800 330 470 GMA ANNUAL CONFERENCE - - - - - - - GRA ANNUAL CONFERENCE 250 - - - - - - Total: Education & Training 960 625 800 - 800 330 470 CONTRACT LABOR 16,908 - - - - - - MAINTENANCE CONTRACTS MUNICODE 13,741 17,218 20,000 - 20,000 2,647 17,353 GRANICUS 24,580 25,700 26,000 - 26,000 12,850 13,150 Total: Maintenance Contracts 38,322 42,918 46,000 - 46,000 15,497 30,503 Total: Other Purchased Services 59,185 46,609 49,995 - 49,995 16,604 33,391 Supplies SUPPLIES / GENERAL SUPPLIES 1,086 148 800 - 800 284 516 SUPPLIES / FOOD/MEALS - - - - - - - Total: Supplies 1,086 148 800 - 800 284 516 Total: City Clerk 207,949 189,733 210,240 (21,666) 188,574 67,642 120,932 BUDGET AMENDMENT NOTES Account Name DECREASE 1. Employee Benefits (16,666) 2. Professional Fees/Election Costs (5,000) Total Decrease (21,666)$ (21,666)$ FY 2013 Actuals City Clerk FY 2014 Amendment Reason TOTAL CITY CLERK BUDGET AMENDMENTS To reflect actual costs To reflect actual costs 8 of 38 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 296,819 315,074 192,902 32,330 225,232 75,631 149,601 Total: Salaries & Wages 296,819 315,074 192,902 32,330 225,232 75,631 149,601 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE 28,511 24,457 27,363 (16,363) 11,000 3,408 7,592 EMPLOYEE BENEFITS / 401A (SS MATCH)11,100 11,845 7,190 1,210 8,400 2,836 5,564 EMPLOYEE BENEFITS / FICA MEDICARE 4,027 4,306 2,781 519 3,300 1,084 2,216 401A 1% MATCH 2,496 2,838 1,751 549 2,300 744 1,556 PENSION (GMEBS)10,964 18,144 15,753 4,447 20,200 4,140 16,060 UNEMPLOYMENT INSURANCE 196 323 220 - 220 187 33 WORKER'S COMPENSATION 1,199 827 728 - 728 627 101 FLEXIBLE SPENDING 1,800 4,200 4,200 2,400 6,600 - 6,600 Total: Employee Benefits 60,293 66,941 59,986 (7,238) 52,748 13,027 39,721 Purchased Professional and Technical Services ADMINISTRATIVE FEES BANK FEES 4,129 1,850 - - - - - CREDIT CARD FEES 33,443 39,592 35,000 - 35,000 21,734 13,266 Total: Administrative Fees 37,572 41,442 35,000 - 35,000 21,734 13,266 PROFESSIONAL FEES VALUATION ADVISORY GROUP - - - - - - - AUDIT FEES 40,030 31,062 30,500 - 30,500 27,000 3,500 OTHER - - - - - 500 (500) Total: Professional Fees 40,030 31,062 30,500 - 30,500 27,500 3,000 Total: Purchased Professional and Technical Services 77,602 72,504 65,500 - 65,500 49,234 16,266 Other Purchased Services COMMUNICATIONS 726 772 - - - - - POSTAGE 4,990 7,765 7,500 - 7,500 1,917 5,583 ADVERTISING: Public Hearings & Bids 2,331 3,780 3,500 - 3,500 756 2,744 PRINTING CITY CHECKS 887 867 1,000 - 1,000 310 690 PROPERTY TAX BILLS 3,154 3,143 4,000 - 4,000 204 3,796 BUSINESS CARDS - 149 186 - 186 - 186 BUSINESS LICENSES - - - 2,344 2,344 2,344 0 Total: Printing 4,041 4,159 5,186 2,344 7,530 2,858 4,672 TRAVEL CVIOG - 1,102 1,000 - 1,000 224 776 GGFOA CONFERENCE 508 253 - - - - - OTHER 14 275 - - - - - Total: Travel 522 1,631 1,000 - 1,000 224 776 DUES AND FEES GFOA MEMBERSHIP 150 225 - - - 56 (56) GGFOA MEMBERSHIP 50 50 50 - 50 50 - CAFR AWARD FEES 435 405 435 - 435 - 435 GOV DEALS - 2,770 2,000 - 2,000 30 1,970 CIVIC ORGANIZATION DUES - 1,064 - - - - - OTHER - 39 - - - 39 (39) Total: Dues & Fees 635 4,552 2,485 - 2,485 175 2,310 EDUCATION & TRAINING CARL VINSON TRAINING 129 1,026 900 - 900 - 900 GGFOA CONFERENCE 295 590 - - - - - GFOA CPFO CERTIFICATION - (145) - - - - - OTHER 45 285 - - - - - Total: Education & Training 469 1,756 900 - 900 - 900 CONTRACT LABOR 9,700 - - - - - - MAINTENANCE CONTRACTS 374 184 - - - 245 (245) Total: Other Purchased Services 23,788 24,598 20,571 2,344 22,915 6,175 16,740 Supplies GENERAL SUPPLIES 179 829 1,200 - 1,200 136 1,064 BOOKS & PERIODICALS - - - - - 15 (15) FY 2013 Actuals Finance FY 2014 9 of 38 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) FY 2013 Actuals Finance FY 2014 Total: Supplies 179 829 1,200 - 1,200 151 1,049 Machinery & Equipment FURNITURE & FIXTURES - - - - - 389 (389) OTHER EQUIPMENT OTHER EQUIP/CELL PHONES - 15 - - - - - Total: Machinery & Equipment - 15 - - - 389 (389) Total: Finance 458,680 479,962 340,159 27,436 367,595 144,607 222,988 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Salaries & Wages and Benefits 41,455 2. Printing/Business Licenses 2,344 Total Increase 43,799$ DECREASE 1. Group Insurance (16,363) Total Decrease (16,363)$ 27,436$ Amendment Reason To transfer the Administrative Services Manager out of the HR department and into Finance and to promote to Finance Manager Business license permitting has recently been moved back to Finance and the printing/mailing of the renewal application packets was inadvertently not included in the initial budget. To reflect actual costs TOTAL FINANCE BUDGET AMENDMENTS 10 of 38 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES - - 85,001 (6,501) 78,500 23,252 55,248 Total: Salaries & Wages - - 85,001 (6,501) 78,500 23,252 55,248 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE - - 9,501 2,499 12,000 4,984 7,016 EMPLOYEE BENEFITS / 401A (SS MATCH)- - 3,188 - 3,188 872 2,316 EMPLOYEE BENEFITS / FICA MEDICARE - - 1,233 - 1,233 324 909 401A 1% MATCH - - 416 (416) - - - PENSION (GMEBS)- - 7,650 - 7,650 1,011 6,639 UNEMPLOYMENT INSURANCE - - 55 - 55 74 (19) WORKER'S COMPENSATION 286 (404) 323 - 323 - 323 Total: Employee Benefits 286 (404) 22,366 2,083 24,449 7,265 17,184 Purchased Professional and Technical Services PROFESSIONAL FEES - - 28,500 15,000 43,500 3,213 40,287 Total: Purchased Professional and Technical Services - - 28,500 15,000 43,500 3,213 40,287 Other Purchased Services COMMUNICATIONS - 76 - - - - - CELL PHONE 774 819 1,000 - 1,000 436 564 FIRE DEPT POTS LINES 11,179 11,536 12,000 - 12,000 4,736 7,264 ATT - CITY HALL POTS LINES/BANDWITH 101,893 74,376 94,200 - 94,200 17,351 76,849 ATT - PUBLIC SAFETY BANDWITH 4,209 16,100 20,000 - 20,000 13,752 6,248 POSTAGE - - - - - 156 (156) Total: Communications 118,055 102,908 127,200 - 127,200 36,430 90,770 MAINTENANCE CONTRACTS - - - OPTIVIEW 16,575 13,089 13,000 - 13,000 10,930 2,070 GODADDY .COM - 1,225 1,425 - 1,425 - 1,425 EXPERTS-EXCHANGE 155 155 160 - 160 52 108 ENERGOV 7,695 12,147 26,544 - 26,544 12,337 14,207 ARC GIS 5,133 7,726 7,800 - 7,800 7,675 125 SHORETEL 1,847 6,462 5,000 - 5,000 156 4,844 INCODE 15,293 20,578 22,500 - 22,500 20,691 1,809 MDS MAINTENANCE - - - - - - - ALEN SIMS 1,440 1,440 1,800 - 1,800 720 1,080 OFFSITE BACKUP 8,975 8,175 13,000 - 13,000 3,250 9,750 FIREHOUSE 6,964 10,965 13,846 - 13,846 2,881 10,965 NETMOTION 2,485 5,034 7,183 - 7,183 1,729 5,454 GUARDIAN TRACKING 340 1,156 1,200 - 1,200 - 1,200 OSSI 29,046 32,118 33,000 - 33,000 28,659 4,341 DIGICERT 367 225 350 - 350 113 237 SYMANTEC ANTI-VIRUS 1,867 933 - - - - - IT IGA JOHNS CREEK 224,084 221,776 65,000 - 65,000 35,476 29,524 BARRACUDA MESSAGE MAINT.2,561 3,122 4,415 - 4,415 4,315 100 L-3 COMMUNICATIONS - 9,899 11,250 - 11,250 - 11,250 EMS TRAINING AIDS 2,813 3,538 3,538 - 3,538 3,726 (188) PINPOINT - - 3,180 - 3,180 - 3,180 MICROPAVER - - 550 - 550 - 550 Total: Maintenance Contracts 327,639 359,763 234,741 - 234,741 132,707 102,034 Total: Other Purchased Services 445,694 462,671 361,941 - 361,941 169,137 192,804 Supplies SUPPLIES / GENERAL SUPPLIES - - - - - - - PRINTER MAINTENANCE KITS 891 1,159 1,500 - 1,500 - 1,500 PLOTTER INK 557 264 750 - 750 965 (215) PLOTTER PAPER 534 300 750 - 750 245 505 Total: General Supplies 1,983 1,723 3,000 - 3,000 1,210 1,790 SUPPLIES / FOOD/MEALS - - - - - - - Total: Supplies 1,983 1,723 3,000 - 3,000 1,210 1,790 Machinery & Equipment COMPUTER / SOFTWARE 1,556 5,118 4,000 - 4,000 604 3,396 OSSI JAIL MODULE - - 9,000 - 9,000 - 9,000 FY 2013 Actuals Information Technology FY 2014 11 of 38 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) FY 2013 Actuals Information Technology FY 2014 Total: Computer/Software 1,556 5,118 13,000 - 13,000 604 12,396 COMPUTER / HARDWARE 27,093 74,782 50,000 - 50,000 40,381 9,619 OTHER EQUIPMENT COMPUTER EQUIP&SUPPLIES 3,071 6,651 4,000 24,000 28,000 1,436 26,564 DESKTOP PRINTERS 1,122 14,977 11,200 - 11,200 8,016 3,184 CITY PHONE SYSTEM 2,382 64 1,000 - 1,000 1,296 (296) SCANNERS 1,335 - - - - - - CELL PHONES - 67 67 - 67 - 67 Total: Other Equipment 7,910 21,760 16,267 24,000 40,267 10,748 29,519 Total: Machinery & Equipment 36,560 101,660 79,267 24,000 103,267 51,734 51,533 Total: Information Technology 484,523 565,650 580,075 34,582 614,657 255,811 358,846 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Professional Fees 15,000 2. Other Equipment/Computer Equip & Supplies 24,000 Total Increase 39,000$ DECREASE 1. Salaries & Wages and Benefits (4,418) Total Decrease (4,418)$ 34,582$ Amendment Reason To perform a security audit of our network, firewall and servers after the installation of the connection between City Hall and Fire Station 43 To purchase laptops and licenses for new police and fire positions The IT Manager, previously a contracted employee, was brought in-house in November - one month after the fiscal year began. The adjustment reflects a true-up for the month of October TOTAL INFORMATION TECHNOLOGY BUDGET AMENDMENTS 12 of 38 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 151,292 176,014 134,798 10,202 145,000 58,941 86,059 Total: Salaries & Wages 151,292 176,014 134,798 10,202 145,000 58,941 86,059 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE 12,549 18,194 27,575 (8,025) 19,550 9,210 10,340 EMPLOYEE BENEFITS / 401A (SS MATCH)5,658 6,616 7,125 - 7,125 2,210 4,915 EMPLOYEE BENEFITS / FICA MEDICARE 2,102 2,443 2,755 - 2,755 803 1,952 401A 1% MATCH - 302 1,900 - 1,900 243 1,657 PENSION (GMEBS)6,722 8,090 17,095 - 17,095 3,128 13,967 TUITION REIMBURSEMENT 3,000 - - - - - - UNEMPLOYMENT INSURANCE 67 141 165 - 165 81 84 WORKER'S COMPENSATION 410 281 722 - 722 223 499 FLEXIBLE SPENDING - 60 1,000 - 1,000 - 1,000 TOBACCO CESSATION REIMBURSEMENT - - 9,100 - 9,100 - 9,100 Total: Employee Benefits 30,509 36,126 67,437 (8,025) 59,412 15,898 43,514 Purchased Professional and Technical Services ADMINISTRATIVE FEES FLEXIBLE SPENDING ADMIN.3,430 2,798 4,020 - 4,020 1,499 2,521 ICMA RC FEES 2,000 1,750 3,000 - 3,000 1,000 2,000 PAYROLL FEES 25,800 38,553 34,000 - 34,000 17,519 16,481 ADP FOR HRIS 7,358 - - - - - - Total: Administrative Fees 38,589 43,101 41,020 - 41,020 20,018 21,002 PROFESSIONAL FEES 90 - 30,000 30,000 - 30,000 RANDOM DRUG SCREEN 614 420 800 - 800 100 700 PRE-EMPLOYMENT DRUG SCREEN 100 - - - - - - POLICE POST-OFFER PHYSICALS 1,170 1,391 1,180 - 1,180 520 660 FIRE POST-OFFER PHYSICALS 1,200 1,750 2,000 - 2,000 745 1,255 EAP SERVICES 280 3,372 4,220 - 4,220 4,215 5 EAP ON-CALL SERVICES 3,760 - 1,000 - 1,000 - 1,000 Total: Professional Fees 7,124 6,932 9,200 - 9,200 5,580 3,620 Total: Purchased Professional and Technical Services 45,712 50,123 50,220 30,000 80,220 25,598 54,622 Other Purchased Services COMMUNICATIONS 726 823 732 - 732 369 363 COMMUNICATIONS/POSTAGE 13 61 200 - 200 3 197 ADVERTISING 880 320 1,000 - 1,000 - 1,000 PRINTING - 88 50 - 50 65 (15) TRAVEL IPMA CONFERENCES - - 1,530 - 1,530 - 1,530 GLGPA CONFERENCE - 959 1,500 - 1,500 - 1,500 GRA CONFERENCE - 865 450 - 450 - 450 Total: Travel - 1,824 3,480 - 3,480 - 3,480 DUES AND FEES SHRM 150 315 360 - 360 183 177 IPMA 121 210 379 - 379 224 155 GLGPA 75 125 100 - 100 50 50 WORLD AT WORK 245 - 350 - 350 - 350 GEORGIA RECORDS ASSOCIATION - - 20 - 20 20 - OTHER 25 20 - - - - - Total: Dues & Fees 616 670 1,209 - 1,209 477 732 EDUCATION & TRAINING GLGPA CONFERENCE - 386 1,185 - 1,185 211 974 EMPLOYEE TRAINING 4,777 1,023 2,000 15,000 17,000 - 17,000 IPMA CONFERENCE - 918 1,500 - 1,500 - 1,500 SHRM CONFERENCES - - - - - - - EMPLOYEE WELLNESS - 443 17,000 - 17,000 1,345 15,655 GRA CONFERENCE - - 250 - 250 - 250 OTHER - 149 - - - - - Total: Education & Training 4,777 2,919 21,935 15,000 36,935 1,556 35,379 Total: Other Purchased Services 7,012 6,705 28,606 15,000 43,606 2,470 41,136 FY 2013 Actuals Human Resources FY 2014 13 of 38 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) FY 2013 Actuals Human Resources FY 2014 Supplies SUPPLIES / GENERAL SUPPLIES 410 76 1,000 - 1,000 21 979 5 YEAR PINS 942 1,763 455 - 455 467 (12) Total: General Supplies 1,352 1,839 1,455 - 1,455 487 968 SUPPLIES / FOOD/MEALS 709 1,254 1,000 - 1,000 256 744 Total: Supplies 2,061 3,093 2,455 - 2,455 744 1,711 Machinery & Equipment FURNITURE & FIXTURES 161 35 315 - 315 - 315 OTHER EQUIP/CELL PHONE REPLACEMENT 52 110 100 - 100 - 100 Total: Machinery & Equipment 213 145 415 - 415 - 415 Total: Human Resources 236,799 272,206 283,931 47,177 331,108 103,651 227,457 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Salaries & Wages 10,202 2. Professional Fees 30,000 3. Education & Training/Employee Training 15,000 Total Increase 55,202$ DECREASE 1. Group Insurance (8,025) Total Decrease (8,025)$ 47,177$ To reflect actual expenditures TOTAL HUMAN RESOURCES BUDGET AMENDMENTS To implement a records management program To send department heads throughout the city to a leadership development program Amendment Reason To correct a formula error in the original budget 14 of 38 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) Purchased Professional and Technical Services PROFESSIONAL FEES 12,580 3,758 - - - 167 (167) CONTRACTED/MOWING AT FACILITIES - - - - - - - FACILITIES REPAIRS & MAINTENANCE 14,529 3,394 2,400 65,000 67,400 - 67,400 GROUNDS REPAIRS & MAINTENANCE 1,480 488 5,000 - 5,000 - 5,000 Total: Purchased Professional and Technical Services 28,589 7,641 7,400 65,000 72,400 167 72,233 Purchased-Property Services RENTAL LAND & BUILDINGS 474,438 321,422 437,500 (73,222) 364,278 180,552 183,726 Total: Purchased-Property Services 474,438 321,422 437,500 (73,222) 364,278 180,552 183,726 Other Purchased Services OTHER PURCHASED SERVICES 18,054 160 - - - - - Total: Other Purchased Services 18,054 160 - - - - - Other Costs INTERGOVERNMENTAL 2,119 8,126 - - - - - Total: Other Costs 2,119 8,126 - - - - - Total: General Government Buildings 523,200 337,349 444,900 (8,222) 436,678 180,718 255,960 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Facilities Repairs & Maintenance 65,000 Total Increase 65,000$ DECREASE 1. Rental Land & Buildings (73,222) Total Decrease (73,222)$ (8,222)$ TOTAL HUMAN RESOURCES BUDGET AMENDMENTS To reflect the reduction in rent due to a renegotiated lease agreement FY 2013 Actuals General Government Buildings FY 2014 Amendment Reason To renovate city hall space (covered by reduction in rent) 15 of 38 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 62,476 113,708 134,169 - 134,169 49,086 85,083 Total: Salaries & Wages 62,476 113,708 134,169 - 134,169 49,086 85,083 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE 6,292 8,214 18,275 (4,775) 13,500 6,264 7,236 EMPLOYEE BENEFITS / 401A (SS MATCH) 2,336 4,271 5,008 - 5,008 1,841 3,167 EMPLOYEE BENEFITS / FICA MEDICARE 862 1,599 1,937 - 1,937 677 1,260 401A 1% MATCH 519 951 1,191 - 1,191 432 759 PENSION (GMEBS) 2,773 4,344 10,718 - 10,718 2,372 8,346 TUITION REIMBURSEMENT - - 3,000 3,000 6,000 3,000 3,000 UNEMPLOYMENT INSURANCE 34 175 165 - 165 110 55 WORKER'S COMPENSATION 266 141 2,403 - 2,403 111 2,292 FLEXIBLE SPENDING - 1,200 1,200 1,200 2,400 - 2,400 Total: Employee Benefits 13,083 20,895 43,897 (575) 43,322 14,807 28,515 Purchased Professional and Technical Services PROFESSIONAL FEES PHOTOGRAPHY 433 550 1,500 - 1,500 100 1,400 WEBSITE DESIGN 460 1,150 700 49,000 49,700 500 49,200 MOBILE SITE 1,120 - - - - - - Total: Professional Fees 2,013 1,700 2,200 49,000 51,200 600 50,600 Total: Purchased Professional and Technical Services 2,013 1,700 2,200 49,000 51,200 600 50,600 Other Purchased Services COMMUNICATIONS 592 675 1,000 - 1,000 316 684 POSTAGE - 26 100 - 100 64 36 ADVERTISING 1,250 1,688 6,000 - 6,000 2,120 3,880 PRINTING 3,937 7,362 10,000 - 10,000 3,271 6,729 TRAVEL - - - - - 28 (28) DUES & FEES PUBLIC RELATIONS SOCIETY OF AMERICA 225 - - - - - - CITY/COUNTY OF GA MARKETING ASSOC 375 885 375 - 375 - 375 TECHNOLOGY ASSOC OF GEORGIA 245 - - - - - - NORTH FULTON BUSINESS EXPO - 700 1,000 - 1,000 700 300 Total: Dues & Fees 845 1,585 1,375 - 1,375 700 675 EDUCATION & TRAINING 249 596 2,000 - 2,000 1,800 200 MAINTENANCE CONTRACTS CONSTANT CONTACT 700 720 600 - 600 240 360 WEBSITE MAINTENANCE 875 2,336 2,500 - 2,500 - 2,500 ADOBE CREATIVE CLOUD - - - - - 90 (90) FLICKR - 25 25 - 25 - 25 Total: Maintenance Contracts 1,575 3,081 3,125 - 3,125 330 2,795 Total: Other Purchased Services 8,448 15,012 23,600 - 23,600 8,628 14,972 Supplies SUPPLIES / GENERAL SUPPLIES 329 118 250 - 250 30 220 SUPPLIES/UNIFORMS - 108 - - - 32 (32) PROMOTIONAL / PROMOTIONAL ITEMS - 1,061 1,000 - 1,000 1,504 (504) Total: Supplies 329 1,287 1,250 - 1,250 1,566 (316) Machinery & Equipment FURNITURE & FIXTURES - 660 500 - 500 - 500 OTHER EQUIPMENT CAMERAS 443 950 500 - 500 - 500 CELL PHONE 22 - - - - - - Total: Other Equipment 464 950 500 - 500 - 500 Total: Machinery & Equipment 464 1,610 1,000 - 1,000 - 1,000 Total: Public Information & Marketing 86,813 154,213 206,116 48,425 254,541 74,687 179,854 FY 2013 Actuals Public Information & Marketing FY 2014 16 of 38 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Professional Fees/Web Site Design 49,000 Total Increase 49,000$ DECREASE 1. Employee Benefits (575) Total Decrease (575)$ 48,425$ TOTAL PUBLIC INFORMATION & MARKETING BUDGET AMENDMENTS To reflect actual costs Amendment Reason To update the city's web site to both refresh the look and to transition away from the content management system we currently have to a comprehensive web tool 17 of 38 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 1,506,184 1,601,003 1,715,856 101,650 1,817,506 593,315 1,224,191 SALARIES AND WAGES / OVERTIME 60,806 65,255 60,000 - 60,000 24,267 35,733 SALARIES AND WAGES / RESTRICTED ON-CALL PAY - 8,677 8,900 - 8,900 3,023 5,877 SALARIES AND WAGES / HOLIDAY PAY 76,596 101,040 94,000 - 94,000 49,166 44,834 Total: Salaries & Wages 1,643,587 1,775,976 1,878,756 101,650 1,980,406 669,771 1,310,635 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE 212,873 256,295 314,221 27,400 341,621 141,040 200,581 EMPLOYEE BENEFITS / 401A (SS MATCH) 61,812 66,989 64,180 3,810 67,990 25,117 42,873 EMPLOYEE BENEFITS / FICA MEDICARE 22,920 24,628 24,828 1,475 26,303 9,181 17,122 401A 1% MATCH 9,508 10,224 16,902 - 16,902 3,846 13,056 PENSION (GMEBS) 72,478 89,969 152,124 9,145 161,269 33,663 127,606 TUITION REIMBURSEMENT 1,174 2,847 6,000 - 6,000 3,442 2,558 UNEMPLOYMENT INSURANCE 1,246 2,359 1,980 275 2,255 1,423 832 WORKER'S COMPENSATION 59,558 59,530 86,074 5,591 91,665 52,017 39,648 FLEXIBLE SPENDING 5,800 4,200 4,200 - 4,200 - 4,200 Total: Employee Benefits 447,369 517,041 670,509 47,696 718,205 269,728 448,477 Purchased Professional and Technical Services PROFESSIONAL FEES 188 592 8,800 - 8,800 - 8,800 LASER & RADAR RECERTIFICATION 858 750 1,100 - 1,100 420 680 K-9 1,315 306 2,500 - 2,500 235 2,265 NEW EMPLOYEES - - - - - - - GRAPHICS FOR PATROL CARS 1,390 1,740 2,000 - 2,000 1,022 978 INMATE MEDICAL SERVICES 31,336 20,738 35,000 - 35,000 5,203 29,797 TAG & TITLE APPLICATIONS 395 395 600 - 600 295 305 RECRUITMENT TESTING-POLYGRAPH 1,750 900 1,500 - 1,500 300 1,200 RECRUITMENT TESTING - PYSCH 4,000 1,800 3,000 - 3,000 600 2,400 WRITTEN ENTRY LEVEL TEST 1,320 1,190 1,200 - 1,200 245 955 PROMOTION EXAMINATIONS 537 554 1,100 - 1,100 - 1,100 EMPLOYMENT BACKGROUND CHECKS 1,282 845 1,500 - 1,500 238 1,262 IACP NET YEARLY FEES 600 800 1,000 - 1,000 800 200 HEALTH & WELLNESS PROGRAM 8,160 7,780 9,000 - 9,000 8,703 298 Total: Professional Fees 53,130 38,389 68,300 - 68,300 18,061 50,239 PROFESSIONAL FEES / INVESTIGATIONS INVESTIGATIVE DATABASE SUB - 2,128 3,520 - 3,520 2,128 1,392 OTHER INVESTIGATIVE FEES 1,619 2,030 1,500 - 1,500 150 1,350 Total: Professional Fees/Investigations 1,619 4,158 5,020 - 5,020 2,278 2,742 EQUIPMENT REPAIR & MAINT 202 1,245 500 - 500 - 500 EQUIPMENT R&M/MOTOROLA RADIOS 1,253 194 1,000 - 1,000 503 498 Total: Equipment Repair & Maintenance 1,455 1,438 1,500 - 1,500 503 998 FACILITIES REPAIR & MAINT - 2,010 2,000 - 2,000 220 1,780 VEHICLE REPAIR & MAINT 95,863 74,057 85,000 - 85,000 15,757 69,243 RENTAL LAND & BUILDINGS: Range fees 4,740 5,335 6,680 - 6,680 - 6,680 Total: Purchased Professional and Technical Services 156,807 125,388 168,500 - 168,500 36,819 131,681 Other Purchased Services COMMUNICATIONS 27,638 29,636 30,180 18,200 48,380 10,789 37,591 POSTAGE 63 1,419 1,500 - 1,500 393 1,107 PRINTING CITATIONS, FORMS & DOCUMENTS 2,401 1,390 2,000 - 2,000 340 1,660 BUSINESS CARDS 1,000 1,413 1,200 - 1,200 405 795 Total: Printing 3,401 2,803 3,200 - 3,200 745 2,455 TRAVEL 810 3,231 2,000 - 2,000 28 1,972 CRUISE CARDS 375 580 350 - 350 80 270 IACP CONFERENCE 2,295 913 2,300 - 2,300 2,134 166 CALEA CONFERENCE 864 1,229 3,800 - 3,800 - 3,800 UPD 1,033 184 1,500 - 1,500 - 1,500 K-9 - - 250 - 250 - 250 SWAT 55 - 1,200 - 1,200 - 1,200 RECORDS CLERK CONFERENCE 392 196 700 - 700 - 700 FY 2013 Actuals FY 2014 Police 18 of 38 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) FY 2013 Actuals FY 2014 Police GACP CONFERENCE 805 1,075 900 - 900 - 900 GPSTC 1,039 83 700 - 700 297 403 CID TRAVEL - - 2,000 - 2,000 - 2,000 GPAC TRAVEL - 480 1,760 - 1,760 - 1,760 AA/TAC CONFERENCE - - 500 - 500 - 500 COMMAND COLLEGE - - 2,208 - 2,208 1,262 946 Total: Travel 7,668 7,970 20,168 - 20,168 3,802 16,366 DUES AND FEES 508 316 500 - 500 217 283 GEORGIA POLICE ACCREDITATION COALITION 56 75 100 - 100 75 25 GEORGIA ASSN OF CHIEFS OF POLICE 545 450 700 - 700 723 (23) INTERNATIONAL ASSN OF CHIEFS OF POLICE 210 319 480 - 480 384 96 POST FEES 120 361 400 - 400 299 101 ACCREDITATION FEES - - 3,065 - 3,065 2,900 165 IALEFI 41 55 65 - 65 14 51 CID CONFIDENTIAL FUNDS - - 500 - 500 - 500 Total: Dues and Fees 1,480 1,576 5,810 - 5,810 4,612 1,198 EDUCATION & TRAINING 938 598 1,500 - 1,500 - 1,500 PROFESSIONAL DEVELOPMENT UPD 765 650 1,000 - 1,000 1,065 (65) GACP CONFERENCE 365 375 400 - 400 - 400 RECORDS CLERK CONFERENCE 500 225 350 - 350 - 350 AA/TAC CONFERENCE - - 225 - 225 149 76 CRIMINAL INVESTIGATIONS 545 1,866 2,000 - 2,000 205 1,795 CANINE TRAINING 175 - 250 - 250 - 250 NCGLEA 600 2,400 6,400 - 6,400 2,625 3,775 IACP CONFERENCE 275 275 400 - 400 - 400 SWAT - - 1,200 - 1,200 - 1,200 PROFESSIONAL MANAGEMENT PROGRAM 2,063 3,905 5,820 - 5,820 497 5,323 CALEA CONFERENCE 675 1,275 2,720 - 2,720 - 2,720 R.A.D - 3,110 2,000 - 2,000 225 1,775 INSTRUCTOR TRAINING - 1,850 2,500 - 2,500 - 2,500 GPAC TRAINING - 200 400 - 400 200 200 COMMAND COLLEGE - - 3,800 - 3,800 2,462 1,338 Total: Education & Training 6,901 16,729 30,965 - 30,965 7,429 23,536 MAINTENANCE CONTRACTS INMATE SERVICES - - 5,000 - 5,000 275 4,725 PROPERTY & EVIDENCE IGA 63,479 58,901 60,000 - 60,000 25,000 35,000 800 MHZ FEES TO FULTON CTY 10,819 12,037 20,000 - 20,000 12,418 7,582 INNOVATIVE DATA SOLUTIONS 1,668 2,860 4,052 - 4,052 1,992 2,060 ANIMAL CONTROL - FULTON CO 16,134 26,513 24,000 - 24,000 20,800 3,200 CHOICEPOINT/CLEAR 3,275 3,899 4,000 - 4,000 1,338 2,662 CRIME REPORTS 3,576 3,576 4,700 - 4,700 2,382 2,318 CELLEBRITE SYS 2,999 2,999 3,000 - 3,000 1,550 1,451 AFIS CIRCUIT - 7,645 10,300 - 10,300 4,173 6,127 RING CENTRAL - 96 400 - 400 - 400 ELECTRONIC WARRANT INTERCHANGE - - 1,200 - 1,200 - 1,200 Total: Maintenance Contracts 101,950 118,527 136,652 - 136,652 69,928 66,725 Total: Other Purchased Services 149,101 178,659 228,475 18,200 246,675 97,697 148,978 Supplies SUPPLIES / GENERAL SUPPLIES 13,671 7,903 12,000 - 12,000 1,627 10,373 AMMUNITION 6,162 14,570 15,000 - 15,000 14,906 94 K-9 779 458 500 - 500 98 403 NEW EMPLOYEES 2,283 4,373 5,000 10,580 15,580 - 15,580 RANGE SUPPLIES 1,986 850 1,000 - 1,000 302 698 FIRST AID KITS - - 400 - 400 431 (31) ALCO SENSOR MOUTH PIECES - 161 200 - 200 - 200 ID CARDS AND SETUP FEE 137 266 400 - 400 47 353 GOLF TOURNAMENT SUPPLIES - 7,078 - - - - - JAIL SUPPLIES - 1,183 1,500 - 1,500 512 988 Total: General Supplies 25,017 36,842 36,000 10,580 46,580 17,924 28,656 19 of 38 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) FY 2013 Actuals FY 2014 Police SUPPLIES / GASOLINE/DIESEL 142,009 136,937 130,000 - 130,000 57,549 72,451 SUPPLIES / FOOD/MEALS 35 558 500 - 500 51 449 BOOK & PERIODICALS/EDUCATION & REFERENCE 54 124 200 - 200 - 200 SUPPLIES / UNIFORMS 32,927 22,264 28,000 10,450 38,450 12,894 25,556 AWARDS AND RECOGNITION 1,396 927 1,000 - 1,000 911 89 BODY ARMOR 4,187 4,000 - 4,000 3,180 820 Total: Supplies/Uniforms 34,323 27,378 33,000 10,450 43,450 16,985 26,465 Total: Supplies 201,437 201,838 199,700 21,030 220,730 92,510 128,220 Machinery & Equipment FURNITURE & FIXTURES 494 736 1,000 12,000 13,000 - 13,000 OTHER EQUIPMENT 5,584 11,350 - - - - - CRIME PREVENTION MATERIALS 7,434 7,893 12,740 - 12,740 529 12,211 ICOP STORAGE 80 220 1,500 - 1,500 490 1,010 TRAINING AIDS - 231 500 - 500 - 500 FIRE EXTINGUISHERS 277 338 750 - 750 - 750 TICKET PRINTERS - 4,000 5,000 - 5,000 1,768 3,232 SWAT - 5,236 2,000 - 2,000 2,811 (811) PATROL EQUIPMENT - - 6,500 - 6,500 1,103 5,397 AEDS - 3,138 - - - - - LASERS - - 4,030 - 4,030 335 3,695 ALCO SENSORS - - 928 - 928 - 928 CELL PHONES 523 340 500 - 500 - 500 WEAPONRY 3,735 3,724 6,500 - 6,500 3,881 2,619 CAMERAS 68,639 2,636 2,000 - 2,000 - 2,000 MOTOROLA RADIOS 14,375 - 11,000 - 11,000 752 10,249 OTHER - 5,349 16,700 - 16,700 16,596 104 Total: Other Equipment 100,647 44,454 70,648 - 70,648 28,264 42,384 OTHER EQUIPMENT/INVESTIGATIONS CRIME SCENE KITS-UPD 1,098 818 1,000 - 1,000 - 1,000 CRIME SCENE EQUIP -CID 980 686 1,000 - 1,000 - 1,000 CELLEBRITE SYS - - - - - - - SURVEILLANCE EQUIP - - - - - - - LANGUAGE LINE - - 150 - 150 - 150 TRAFFIC ACC. INVEST. - 451 500 - 500 - 500 Total: Other Equipment/Investigations 2,078 1,955 2,650 - 2,650 - 2,650 Total: Machinery & Equipment 103,219 47,145 74,298 12,000 86,298 28,264 58,034 Total: Police 2,701,521 2,846,047 3,220,238 200,576 3,420,814 1,194,788 2,226,026 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Police Budget Amendments 188,576 2. Furniture & Fixtures 12,000 Total Increase 200,576$ 200,576$ TOTAL POLICE BUDGET AMENDMENTS To purchase additional office furniture for newly renovated space for detective division Amendment Reason To hire four new patrol officers and one sergeant 20 of 38 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 2,614,131 2,744,240 3,139,948 25,730 3,165,678 1,062,693 2,102,985 SALARIES AND WAGES / OVERTIME 42,482 69,835 60,000 8,000 68,000 25,129 42,871 SALARIES AND WAGES / HOLIDAY PAY 91,996 118,167 114,000 - 114,000 61,509 52,491 Total: Salaries & Wages 2,748,609 2,932,241 3,313,948 33,730 3,347,678 1,149,331 2,198,347 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE 362,238 405,768 539,999 (14,199) 525,800 222,188 303,612 EMPLOYEE BENEFITS / 401A (SS MATCH)102,676 110,198 117,642 970 118,612 43,100 75,512 EMPLOYEE BENEFITS / FICA MEDICARE 37,731 40,174 45,507 375 45,882 15,703 30,179 401A 1% MATCH 22,820 25,617 31,366 - 31,366 9,496 21,870 PENSION (GMEBS)118,857 154,477 282,268 2,320 284,588 62,461 222,127 TUITION REIMBURSEMENT 4,750 6,227 10,000 - 10,000 3,760 6,240 UNEMPLOYMENT INSURANCE 1,927 3,497 3,300 55 3,355 2,396 959 WORKER'S COMPENSATION 69,463 68,602 101,110 834 101,944 55,731 46,213 FLEXIBLE SPENDING 24,000 24,800 24,800 - 24,800 - 24,800 Total: Employee Benefits 744,462 839,359 1,155,992 (9,645) 1,146,347 414,835 731,512 Purchased Professional and Technical Services PROFESSIONAL FEES - - 3,600 - 3,600 (2,365) 5,965 HEALTH & WELLNESS PROGRAM 14,576 14,765 16,000 - 16,000 14,595 1,405 TLAER TRAINING INSTRUCTOR - - - - - - - MEDICAL DIRECTION 20,000 20,000 20,000 - 20,000 5,731 14,269 BIO HAZARD WASTE DISPOSAL - 285 1,300 - 1,300 190 1,110 FIRE ACCREDITATION 525 - - - - - - Total: Professional Fees 35,101 35,050 40,900 - 40,900 18,151 22,749 GARBAGE PICKUP 4,663 6,212 6,400 - 6,400 2,526 3,874 EQUIPMENT REPAIR & MAINT STATION EQUIPMENT R & M 10,328 19,254 18,205 - 18,205 4,782 13,423 BREATHING APPARATUS TESTING/REPAIR 6,628 3,282 6,950 - 6,950 598 6,352 INSPECT/REPAIR HYD. RESCUE TOOLS 3,253 201 5,980 - 5,980 - 5,980 APPARATUS R&M INCLUDING PUMP TEST 47,384 31,173 48,172 - 48,172 22,398 25,774 APPARATUS EMERGENCY REPAIRS 44,059 19,782 35,000 - 35,000 3,851 31,149 GAS DETECTOR REPAIR 711 420 2,275 - 2,275 - 2,275 NOZZLES, VALVES, APPLIANCES, HOSE 3,248 4,468 6,000 - 6,000 100 5,900 ANNUAL HYDRANT MAINTENANCE 433 2,299 2,800 - 2,800 - 2,800 LADDER TESTING 1,298 1,294 1,500 - 1,500 - 1,500 THERMAL IMAGING CAMERA MAINTENANCE - 333 3,000 - 3,000 - 3,000 Total: Equipment Repair & Maintenance 117,341 82,506 129,882 - 129,882 31,730 98,152 FACILITY REPAIR & MAINT - 84 12,000 68,500 80,500 365 80,135 VEHICLE REPAIR & MAINT 2,101 9,864 7,710 - 7,710 4,672 3,038 GROUNDS REPAIR & MAINT 1,144 4,943 6,135 - 6,135 - 6,135 Total: Purchased Professional and Technical Services 160,350 138,659 203,027 68,500 271,527 57,445 214,082 Purchased-Property Services RENTAL LAND & BUILDINGS - 2,099 2,000 867 2,867 839 2,028 STATION 43 LEASE 230,277 222,456 222,011 - 222,011 182,515 39,496 Total: Rental Land & Buildings 230,277 224,555 224,011 867 224,878 183,354 41,524 RENTAL EQUIP & VEHICLES 230 - 500 - 500 - 500 Total: Purchased-Property Services 230,507 224,555 224,511 867 225,378 183,354 42,024 Other Purchased Services COMMUNICATIONS 13,357 15,088 15,200 360 15,560 5,121 10,439 POSTAGE - 178 200 - 200 37 163 PRINTING 66 106 100 - 100 227 (127) TRAVEL 3,094 9,448 - - - 341 (341) GA FIRE CHIEF'S CONFERENCE - - 450 - 450 - 450 INTERNATIONAL ASSOC OF FIRE CHIEFS - - 1,380 - 1,380 - 1,380 SOUTHEASTERN FIRE CHIEFS ASSOC - - 600 - 600 - 600 STAFF & COMMAND - - 1,200 - 1,200 - 1,200 FDIC - - 525 - 525 - 525 GA EMS & EDUCATORS CONFERENCE - - 628 - 628 - 628 SOUTHEASTERN TRAINING CONF - - 780 - 780 - 780 FY 2013 Actuals Fire FY 2014 21 of 38 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) FY 2013 Actuals Fire FY 2014 ARSON SEMINAR - - 720 - 720 668 52 INSPECTOR/PUB-ED SEMINAR - - 270 - 270 - 270 FIRE INSPECTOR SYMPOSIUM - - 270 - 270 - 270 Total: Travel 3,094 9,448 6,823 - 6,823 1,009 5,814 DUES AND FEES 36 80 - - - - - PROFESSIONAL LICENSE RENEWALS 2,437 5,016 - - - 1,800 (1,800) SUBSCRIPTIONS 64 100 300 - 300 58 242 NATIONAL REGISTRY - - 320 - 320 - 320 GA STATE EMS RECERTIFICATION - - 4,200 - 4,200 - 4,200 INTERNATIONAL ASSOC OF EMERG MGT - - 107 - 107 - 107 INTERNATIONAL ASSOC OF FIRE CHIEFS - - 2,058 - 2,058 203 1,855 NATIONAL FIRE PROTECTION AGENCY - - 900 - 900 - 900 GA ASSOC OF FIRE CHIEFS - - 700 - 700 75 625 Total: Dues & Fees 2,537 5,196 8,585 - 8,585 2,137 6,448 EDUCATION & TRAINING 940 1,031 500 - 500 - 500 PROFESSIONAL DEVELOPMENT 2,300 1,425 6,000 - 6,000 830 5,170 CONTRACT-ANNUAL EMT/PM TRAIN.400 - - - - - - MGMT PROFESSIONAL DEV 3,280 4,080 - - - - - GA FIRE CHIEF'S CONFERENCE - - 400 - 400 - 400 INTERNATIONAL ASSOC OF FIRE CHIEFS - - 615 - 615 - 615 SOUTHEASTERN FIRE CHIEFS ASSOC - - 400 - 400 - 400 STAFF & COMMAND - - 2,400 - 2,400 - 2,400 FDIC - - 650 - 650 - 650 GA EMS & EDUCATORS CONFERENCE - - 150 - 150 - 150 SOUTHEASTERN TRAINING CONF - - 225 - 225 - 225 ARSON SEMINAR - - 100 - 100 - 100 INSPECTOR/PUB-ED SEMINAR - - 300 - 300 - 300 FIRE INSPECTOR SYMPOSIUM - - 300 - 300 - 300 Total: Education & Training 6,920 6,536 12,040 - 12,040 830 11,210 MAINTENANCE CONTRACTS - 800 MHZ FEES TO FULTON COUNTY 5,016 5,652 12,000 - 12,000 5,841 6,159 PEST CONTROL - FIRE STATIONS 1,568 1,568 1,200 - 1,200 777 423 FIRE EXTINGUISHER INSPECT.1,133 2,056 3,000 - 3,000 107 2,893 CODE RED MAINTENANCE 2,000 12,005 12,000 - 12,000 12,000 - LIFEPAK MAINTENANCE - 3,837 3,850 - 3,850 3,939 (89) Total: Maintenance Contracts 9,717 25,118 32,050 - 32,050 22,664 9,386 Total: Other Purchased Services 35,690 61,670 74,998 360 75,358 32,024 43,334 Supplies GENERAL SUPPLIES/SUPPRESSION 12,677 10,351 15,000 - 15,000 3,761 11,239 OXYGEN REFILLS 1,259 1,789 3,000 - 3,000 577 2,423 MEDICAL SUPPLIES 18,764 13,490 18,000 - 18,000 6,527 11,473 Total: General Supplies/Suppression 32,700 25,629 36,000 - 36,000 10,865 25,135 GENERAL SUPPLIES/PREVENTION (283) 378 - - - - - PREVENT. & EDU MAT.1,200 1,201 2,000 - 2,000 671 1,329 HEART READY CITY PGR 190 719 5,249 - 5,249 - 5,249 Total: General Supplies/Prevention 1,107 2,298 7,249 - 7,249 671 6,578 SUPPLIES / WATER / SEWAGE 2,013 1,729 1,900 - 1,900 666 1,234 SUPPLIES / NATURAL GAS 11,210 11,143 14,000 - 14,000 5,955 8,045 SUPPLIES / ELECTRICITY 23,890 25,285 21,000 - 21,000 7,808 13,192 SUPPLIES / GASOLINE/DIESEL 56,995 63,156 65,000 - 65,000 20,170 44,830 SUPPLIES / FOOD/MEALS 263 451 500 - 500 458 42 BOOKS & PERIODICALS/TRAINING MATERIALS 295 1,043 2,700 - 2,700 651 2,049 SUPPLIES / TELECOMMUNICATIONS 2,934 3,420 4,000 - 4,000 1,348 2,652 SUPPLIES / UNIFORMS UNIFORMS/FIRE STANDARD UNIFORMS 14,120 41,595 40,025 1,400 41,425 1,322 40,103 UNIFORMS/TURN OUT GEAR 35,310 52,664 70,600 3,800 74,400 2,083 72,317 UNIFORMS/CLASS A UNIFORMS - 8,603 - - - - - Total: Uniforms 49,430 102,863 110,625 5,200 115,825 3,405 112,420 Total: Supplies 180,835 237,017 262,974 5,200 268,174 51,996 216,178 22 of 38 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) FY 2013 Actuals Fire FY 2014 Machinery & Equipment MACHINERY & EQUIPMENT / MACHINERY 240 - 500 - 500 - 500 FURNITURE & FIXTURES / PREVENTION 911 606 2,000 18,000 20,000 - 20,000 COMPUTER / SOFTWARE - - - - - - - OTHER EQUIPMENT 3,073 12,830 - 29,250 29,250 - 29,250 SMALL EQUIPMENT 7,960 3,630 13,040 - 13,040 2,088 10,952 EMS TRAINING AIDS - - - - - - - RADIO CHARGERS & SPARE BATTERIES 2,950 424 1,656 - 1,656 - 1,656 CELL PHONES 160 115 500 100 600 200 400 MOTOROLA RADIOS - 7,304 4,880 3,800 8,680 152 8,529 Total: Other Equipment 14,143 24,302 20,076 33,150 53,226 2,439 50,787 Total: Machinery & Equipment 15,295 24,909 22,576 51,150 73,726 2,439 71,287 Total: Fire 4,115,746 4,458,410 5,258,026 150,162 5,408,188 1,891,425 3,516,763 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Salaries & Wages, Employee Benefits and various expense accounts 39,744 2. Salaries & Wages/Overtime 8,000 3. Facilities Repair & Maintenance 68,500 4. Rental Land & Buildings 867 5. Furniture & Fixtures 18,000 6. Other Equipment/Small Equipment 29,250 Total Increase 164,361$ DECREASE 1. Group Insurance (14,199) Total Decrease (14,199)$ 150,162$ TOTAL FIRE BUDGET AMENDMENTS To cover the cost of employee overtime due to the recent snow storms (this is offset by a reduction in Contingency) To renovate station 43 for the fire admin (currently located at city hall) and to put up partitions in the bunk rooms To recognize donation from Public Safety Fund for fire awards ceremony To purchase replacement for three thermal imaging cameras To reflect actual costs To purchase office furniture for newly renovated space at station 43 Amendment Reason To add Assistant Fire Marshal position 23 of 38 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 443,441 457,269 497,120 - 497,120 175,185 321,935 SALARIES & WAGES/REGULAR EMPLOYEES - 53 - - - - - Total: Salaries & Wages 443,441 457,321 497,120 - 497,120 175,185 321,935 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE 40,274 47,260 56,134 2,366 58,500 26,464 32,037 EMPLOYEE BENEFITS / 401A (SS MATCH) 16,587 17,192 18,519 - 18,519 6,569 11,950 EMPLOYEE BENEFITS / FICA MEDICARE 6,160 6,386 7,164 - 7,164 2,434 4,730 401A 1% MATCH 2,238 3,050 4,521 - 4,521 1,474 3,047 PENSION (GMEBS) 19,656 22,844 40,692 - 40,692 9,005 31,687 UNEMPLOYMENT INSURANCE 240 483 550 - 550 317 233 WORKER'S COMPENSATION 38,033 17,791 29,940 - 29,940 14,180 15,760 FLEXIBLE SPENDING 2,400 2,400 2,400 - 2,400 - 2,400 Total: Employee Benefits 125,588 117,407 159,920 2,366 162,286 60,443 101,843 Purchased Professional and Technical Services PROFESSIONAL FEES - 925 75,000 - 75,000 - 75,000 BULKY TRASH DAY 675 1,175 - - - - - ENGINEERING & SURVEYING SERVICES 6,706 1,400 7,500 - 7,500 1,970 5,530 Total: Professional Fees 7,381 3,500 82,500 - 82,500 1,970 80,530 CONTRACTED OVERHEAD TRIMMING & GRAVEL RD - 2,494 20,000 - 20,000 - 20,000 Total: Professional Fees/Contracted - 2,494 20,000 - 20,000 - 20,000 VEHICLE REPAIR & MAINT 4,146 3,285 3,548 - 3,548 852 2,696 Total: Purchased Professional and Technical Services 11,526 9,279 106,048 - 106,048 2,822 103,226 Purchased-Property Services RENTAL EQUIPMENT & VEHICLES - 760 1,800 - 1,800 450 1,350 Total: Purchased-Property Services - 760 1,800 - 1,800 450 1,350 Other Purchased Services COMMUNICATIONS 2,854 2,921 3,420 - 3,420 1,262 2,158 POSTAGE 13 67 100 - 100 19 81 ADVERTISING 189 162 250 - 250 - 250 OTHER PURCHASED SERVICES: Guardrail Repair 3,610 6,798 7,500 - 7,500 - 7,500 PRINTING - 137 100 - 100 - 100 TRAVEL 394 1,413 1,760 - 1,760 41 1,719 DUES AND FEES 192 178 - - - 128 (128) PE LICENSE - 100 - - - - - APWA 145 249 578 - 578 169 409 IMSA 160 - 160 - 160 230 (70) ASHE 21 89 50 - 50 - 50 ITE - 160 465 - 465 - 465 Total: Dues & Fees 518 776 1,253 - 1,253 527 727 EDUCATION & TRAINING 811 300 - - - - - APWA 770 1,443 790 - 790 390 400 LEVEL II SIGNING & MARKING - 800 300 - 300 - 300 CONTINUING EDUCATION - 1,135 1,000 - 1,000 - 1,000 ASHE TECHNICAL SEMINAR 45 - 50 - 50 - 50 ITE TECHNICAL SEMINAR - - 225 - 225 - 225 GA TRANSPORTATION SUMMIT - 65 100 - 100 130 (30) APWA IN-HOUSE TRAINING - - 350 - 350 - 350 INTRODUCTION TO GIS TRAINING - - 1,010 - 1,010 - 1,010 Total: Education & Training 1,626 3,743 3,825 - 3,825 520 3,305 MAINTENANCE CONTRACTS 800 MHZ FEES 388 518 648 - 648 553 95 Total: Maintenance Contracts 388 518 648 - 648 553 95 Total: Other Purchased Services 9,593 16,536 18,856 - 18,856 2,922 15,934 Supplies SUPPLIES / GENERAL SUPPLIES 529 364 1,500 - 1,500 91 1,409 ADOPT-A-ROAD/STREAMSIDE CLEANUP - 147 - - - - - Total: General Supplies 529 511 1,500 - 1,500 91 1,409 FY 2013 Actuals Public Works FY 2014 24 of 38 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) FY 2013 Actuals Public Works FY 2014 SUPPLIES / ELECTRICITY 314,943 326,817 343,200 - 343,200 155,953 187,247 SUPPLIES / GASOLINE/DIESEL 10,448 11,435 17,050 - 17,050 3,179 13,871 SUPPLIES / FOOD/MEALS 345 780 400 - 400 - 400 SUPPLIES / UNIFORMS 877 809 1,200 - 1,200 624 576 Total: Supplies 327,142 340,352 363,350 - 363,350 159,847 203,503 Infrastructure INFRASTRUCTURE/OPTECH RWM 447,385 459,688 475,336 - 475,336 118,834 356,502 INFRASTRUCTURE/SIGNAL ALLOWANCE 36,238 16,380 12,285 - 12,285 803 11,482 INFRASTRUCTURE/EMERGENCY SERVICES ALLOWANCE - - 5,000 55,000 60,000 12,189 47,811 INFRASTRUCTURE/MATERIALS ALLOWANCE 9,438 41,869 27,500 - 27,500 10,443 17,057 INFRASTRUCTURE/TREE REMOVAL 5,920 9,544 6,000 - 6,000 5,750 250 INFRASTRUCTURE/DUMPSTER FEES 5,463 5,688 9,000 - 9,000 591 8,409 INFRASTRUCTURE/SIGNAL MATERIALS 8,680 1,636 30,000 - 30,000 - 30,000 INFRASTRUCTURE/SIGN MATERIALS 24,210 20,447 30,000 - 30,000 8,868 21,132 INFRASTRUCTURE/ADDITIONAL ROW MOWING 16,740 8,370 27,928 - 27,928 - 27,928 Total: Infrastructure 554,075 563,623 623,049 55,000 678,049 157,478 520,571 Machinery & Equipment OTHER EQUIPMENT - 97 - - - - - OTHER EQUIP/ADOPT-A-ROAD SIGNS 612 187 500 - 500 - 500 OTHER EQUIP/TOOLS/BATTERIES/CHEMICALS 18,644 5,466 5,000 - 5,000 1,131 3,869 OTHER EQUIPMENT / MOTOROLA RADIOS - - - - - - - Total: Other Equipment 19,257 5,750 5,500 - 5,500 1,131 4,369 Total: Machinery & Equipment 19,257 5,750 5,500 - 5,500 1,131 4,369 Total: Public Works 1,490,622 1,511,028 1,775,643 57,366 1,833,009 560,278 1,272,731 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Employee Benefits 2,366 2. Emergency Services Allowance 55,000 Total Increase 57,366$ 57,366$ TOTAL PUBLIC WORKS BUDGET AMENDMENTS To cover the costs of the recent snow storms (these funds are offset by a reduction in Contingency) Amendment Reason To reflect actual costs 25 of 38 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 145,036 150,911 151,068 7,800 158,868 48,275 110,593 Total: Salaries & Wages 145,036 150,911 151,068 7,800 158,868 48,275 110,593 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE 19,788 17,496 18,452 3,548 22,000 10,370 11,630 EMPLOYEE BENEFITS / 401A (SS MATCH) 5,427 5,672 5,640 300 5,940 1,810 4,130 EMPLOYEE BENEFITS / FICA MEDICARE 1,937 2,097 2,184 120 2,304 655 1,649 401A 1% MATCH 324 158 1,314 - 1,314 - 1,314 PENSION (GMEBS) 5,610 7,381 11,828 - 11,828 2,617 9,211 UNEMPLOYMENT INSURANCE 227 263 440 110 550 84 466 WORKER'S COMPENSATION 5,317 3,883 4,720 280 5,000 2,758 2,242 Total: Employee Benefits 38,630 36,949 44,578 4,358 48,936 18,295 30,641 Purchased Professional and Technical Services PROFESSIONAL FEES 217 - 5,000 - 5,000 - 5,000 CONTRACTED PARK MOWING & LITTER PICKUP 99,535 155,032 260,000 - 260,000 39,832 220,168 Total: Professional Fees/Contracted 99,535 155,032 260,000 - 260,000 39,832 220,168 FACILITY REPAIR & MAINT 1,673 9,628 20,000 - 20,000 2,048 17,952 LIGHTING MAINTENANCE 12,107 3,664 7,500 - 7,500 879 6,621 Total: Facility Repair & Maintenance 13,780 13,292 27,500 - 27,500 2,927 24,573 GROUNDS REPAIR & MAINT 1,748 962 5,000 - 5,000 483 4,517 Total: Purchased Professional and Technical Services 115,279 169,287 297,500 - 297,500 43,241 254,259 Purchased-Property Services RENTAL LAND & BUILDINGS - 2,500 6,000 - 6,000 2,500 3,500 FCBOE LEASE 35,000 17,264 47,000 - 47,000 12 46,988 Total: Rental Land & Buildings 35,000 19,764 53,000 - 53,000 2,512 50,488 RENTAL EQUIPMENT & VEHICLES 600 3,843 5,000 - 5,000 - 5,000 Total: Purchased-Property Services 35,600 23,607 58,000 - 58,000 2,512 55,488 Other Purchased Services COMMUNICATIONS 732 652 1,520 - 1,520 474 1,046 POSTAGE 5 499 1,000 - 1,000 34 966 PRINTING 912 445 700 - 700 35 666 TRAVEL: Nat'l GRPA, Meals & Mileage 154 388 750 - 750 796 (46) DUES AND FEES: GRPA Dues 678 1,283 1,960 - 1,960 706 1,254 EDUCATION & TRAINING: Nat'l GRPA - 800 800 - 800 - 800 CONTRACT LABOR: For programs & activities - 4,060 4,500 - 4,500 - 4,500 IGA-ALPHARETTA PARKS & REC - 325,000 350,000 - 350,000 316,000 34,000 Total: Other Purchased Services 2,479 333,127 361,230 - 361,230 318,044 43,186 Supplies SUPPLIES / GENERAL SUPPLIES 2,783 9,339 13,000 - 13,000 594 12,406 SUPPLIES / WATER / SEWAGE 2,459 8,439 22,000 - 22,000 802 21,198 SUPPLIES / NATURAL GAS 1,178 497 1,500 - 1,500 574 926 SUPPLIES / ELECTRICITY 24,183 21,611 25,000 - 25,000 7,029 17,971 SUPPLIES / FOOD/MEALS 252 493 400 - 400 90 310 OTHER SUPPLIES/PORTABLE TOILET RENTAL - 221 4,000 - 4,000 981 3,019 Total: Supplies 30,855 40,599 65,900 - 65,900 10,070 55,830 Machinery & Equipment FURNITURE & FIXTURES - - 200 - 200 - 200 Total Machinery & Equipment - - 200 - 200 - 200 Total: Parks & Recreation 367,880 754,479 978,476 12,158 990,634 440,437 550,197 FY 2013 Actuals FY 2014 Parks and Recreation 26 of 38 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Salaries & Wages and Employee Benefits 12,158 Total Increase 12,158$ 12,158$ TOTAL PARKS & RECREATION BUDGET AMENDMENTS Amendment Reason In anticipation of increased participation in the Joyful Soles Camp, this request is for two additional counselors. We are also increasing Group Insurance to reflect actual costs. 27 of 38 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 611,026 671,093 729,833 - 729,833 267,365 462,468 SALARIES & WAGES/OVERTIME 420 - - - - - - Total: Salaries & Wages 611,445 671,093 729,833 - 729,833 267,365 462,468 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE 77,123 89,663 92,422 9,078 101,500 48,115 53,385 EMPLOYEE BENEFITS / 401A (SS MATCH) 22,866 25,230 27,189 - 27,189 9,957 17,232 EMPLOYEE BENEFITS / FICA MEDICARE 8,156 8,805 10,518 - 10,518 3,572 6,946 401A 1% MATCH 2,431 3,663 7,250 - 7,250 1,496 5,754 PENSION (GMEBS) 24,006 36,534 60,144 - 60,144 13,309 46,835 UNEMPLOYMENT INSURANCE 422 736 660 - 660 599 61 WORKER'S COMPENSATION 11,534 7,652 9,694 - 9,694 5,763 3,931 FLEXIBLE SPENDING 2,400 - - 1,800 1,800 - 1,800 Total: Employee Benefits 148,938 172,281 207,877 10,878 218,755 82,811 135,944 Purchased Professional and Technical Services PROFESSIONAL FEES 3,900 45,638 45,000 50,000 95,000 300 94,700 BULKY TRASH - - 2,300 - 2,300 1,029 1,271 Total: Professional Fees 3,900 45,638 47,300 50,000 97,300 1,329 95,971 VEHICLE REPAIR & MAINT 2,748 7,581 5,000 - 5,000 460 4,540 Total: Purchased Professional and Technical Services 6,648 53,219 52,300 50,000 102,300 1,789 100,511 Other Purchased Services COMMUNICATIONS 5,940 5,201 5,300 - 5,300 2,018 3,282 POSTAGE 2,210 3,450 3,000 - 3,000 1,076 1,924 ADVERTISING 6,755 5,324 6,500 - 6,500 2,664 3,836 PRINTING 624 3,663 2,200 - 2,200 290 1,910 TRAVEL 2,687 294 - - - - - GPA CONFERENCE 853 543 700 - 700 206 494 GAZA CONFERENCE - 198 400 - 400 - 400 APA NATIONAL CONFERENCE - 984 100 - 100 - 100 GACE CONFERENCE - - 400 - 400 - 400 HISTORIC PRESERVATION TRAINING - 150 - - - - - STORMWATER TRAINING (NPDES FUNDS) - 950 400 - 400 - 400 GA URBAN FORESTRY COUNCIL CONFERENCE - - - - - 205 (205) Total: Travel 3,540 3,119 2,000 - 2,000 411 1,589 DUES AND FEES 1,415 25 100 - 100 - 100 CPESC - 100 200 - 200 100 100 CPSWQ - 100 200 - 200 - 200 CFM CERTIFICATION - - 100 - 100 - 100 IECA - 580 370 - 370 - 370 ASPFM - 50 100 - 100 - 100 GACE MEMBERSHIP - 25 150 - 150 - 150 GA URBAN FORESTRY COUNCIL - - 175 - 175 135 40 TREE CARE INDUSTRY ASSOC - - 100 - 100 - 100 SOCIETY OF MUNICIPAL ARBORISTS - - 140 - 140 - 140 ARBOR DAY FOUNDATION - - 15 - 15 - 15 GAZA MEMBERSHIP - - 50 - 50 - 50 APA MEMBERSHIP - 1,495 900 - 900 - 900 KEEP MILTON BEAUTIFUL - - 1,350 - 1,350 - 1,350 Total: Dues and Fees 1,415 2,375 3,950 - 3,950 235 3,715 EDUCATION & TRAINING 2,309 55 - - - - - GPA CONFERENCE - 505 500 - 500 - 500 GAZA CONFERENCE - 275 250 - 250 - 250 APA NATIONAL CONFERENCE - 790 2,370 - 2,370 695 1,675 GACE CONFERENCE - - 300 - 300 - 300 HISTORIC PRESERVATION TRAINING - 295 1,400 - 1,400 - 1,400 GPA CONFERENCE - - 500 - 500 - 500 ARBORIST TRAINING AND TEST - 254 - - - - - ISA CERTIFICATION & WORKSHOP - 500 - - - - - GACE WORKSHOPS - - 440 - 440 - 440 FY 2013 Actuals Community Development FY 2014 28 of 38 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) FY 2013 Actuals Community Development FY 2014 Total: Education & Training 2,309 2,674 5,760 - 5,760 695 5,065 Total: Other Purchased Services 22,792 25,805 28,710 - 28,710 7,388 21,322 Supplies SUPPLIES / GENERAL SUPPLIES 3,004 4,220 3,875 - 3,875 902 2,973 ADOPT A ROAD/RIVERS ALIVE - - 1,000 - 1,000 156 844 SOLID WASTE - - 150 - 150 - 150 Total: General Supplies 3,004 4,220 5,025 - 5,025 1,058 3,967 SUPPLIES / GASOLINE/DIESEL 6,986 6,576 4,900 - 4,900 2,054 2,846 SUPPLIES / FOOD/MEALS 369 599 625 - 625 206 419 SUPPLIES / BOOKS & PERIDIOCALS - 395 - - - - - SUPPLIES / UNIFORMS 1,904 2,870 2,600 - 2,600 486 2,114 Total: Supplies 12,262 14,660 13,150 - 13,150 3,804 9,346 Machinery & Equipment FURNITURE & FIXTURES 226 - 900 - 900 100 800 OTHER EQUIPMENT 142 15 - - - 65 (65) CELL PHONES - - 200 - 200 - 200 NPDES EQUIPMENT - - 1,500 - 1,500 - 1,500 Total: Other Equipment 142 15 1,700 - 1,700 65 1,635 Total: Machinery & Equipment 368 15 2,600 - 2,600 165 2,435 Other Costs PAYMENTS TO OTHERS EVERGREEN SCHOOL GRANT PROGRAM - 1,250 1,500 - 1,500 - 1,500 Total: Payments to Others - 1,250 1,500 - 1,500 - 1,500 Total: Other Costs - 1,250 1,500 - 1,500 - 1,500 Total: Community Development 802,453 938,323 1,035,970 60,878 1,096,848 363,322 733,526 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Employee Benefits 10,878 2. Professional Fees 50,000 Total Increase 60,878$ 60,878$ TOTAL COMMUNITY DEVELOPMENT BUDGET AMENDMENTS To hire an consultant to specializing in impact fees Amendment Reason To reflect actual costs 29 of 38 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) Operating Transfers Out TO CAPITAL PROJECTS FUND 4,577,670 6,075,090 4,151,071 664,722 4,815,793 - 4,815,793 TO CAPITAL GRANT FUND 727,128 529,291 - 20,000 20,000 - 20,000 TO CAPITAL PROJECTS FUND-REVENUE BOND - - - 2,000,000 2,000,000 - 2,000,000 TO OPERATING GRANT FUND 99,201 98,178 - - - - - Total: Operating Transfers Out 5,404,000 6,702,559 4,151,071 2,684,722 6,835,793 - 6,835,793 Total: Other Financing Uses 5,404,000 6,702,559 4,151,071 2,684,722 6,835,793 - 6,835,793 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Operating Transfer Out to Capital Projects Fund 664,722 2. Operating Transfer Out to Capital Grant Fund 20,000 2. Operating Transfer Out to Capital Projects Fund - Revenue Bon 2,000,000 Total Increase 2,684,722$ 2,684,722$ TOTAL OTHER FINANCING USES BUDGET AMENDMENTS To fund the City's match to the TAP grant for the concept study of a trail connection to the Big Creek Greenway. Reducing the budget in the Sidewalk Repair account in the Capital Projects Fund to offset this. To create a new fund that will account for the construction of Bell Memorial Park, City Hall and FY 2013 Actuals Other Financing Uses FY 2014 Amendment Reason To cover budget amendment requests in the Capital Projects Fund 30 of 38 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) Contingencies CONTINGENCY - - 158,369 (63,000) 95,369 - 95,369 Total: Contingencies - - 158,369 (63,000) 95,369 - 95,369 Total: Other Costs - - 158,369 (63,000) 95,369 - 95,369 BUDGET AMENDMENT NOTES Account Name DECREASE 1. Contingency (63,000) Total Decrease (63,000)$ (63,000)$ TOTAL OTHER COSTS (CONTINGENCY) BUDGET AMENDMENTS To cover the unexpected costs associated with the two snow storms FY 2013 Actuals Other Costs FY 2014 Amendment Reason 31 of 38 CAPITAL PROJECTS FUND The Capital Projects Fund is used to track revenues and expenditures associated with capital construction, acquisition and maintenance. Appropriations in Capital Projects Fund are on a project-length basis and do not expire until the project is complete. According to the City’s budgetary policies, a major capital project generally is defined as an expenditure that has an expected useful life of more than 3 years with an estimated total cost of $50,000 or more, or an improvement/addition to an existing capital asset. (Refer to the following pages.) 32 of 38 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) INFRASTRUCTURE MAINTENANCE FEES 66,445 77,180 65,000 - 65,000 24,266 40,734 CRABAPPLE PAVING FUND 10,500 4,200 - - - - - TRAFFIC CALMING - 5,800 - - - - - TREE RECOMPENSE 3,500 20,600 - - - - - LANDFILL USE FEES 84,573 92,727 80,000 - 80,000 27,982 52,018 HYA FEES 7,363 - - - - 4,413 (4,413) INTEREST REVENUE 7,763 2,867 3,000 - 3,000 790 2,210 INSURANCE PROCEEDS/PUBLIC SAFETY - 10,154 - - - - - OTHER MISC REV/ATLANTA HIDTA STIPEND 1,500 - - - - - - OPERATING TRANSFER IN FROM GENERAL FUND 4,577,670 6,075,090 4,151,071 664,722 4,815,793 - 4,815,793 OPERATING TRANSFER IN FROM CAPITAL GRANT FUND 90,000 - - - - - - PROCEEDS OF SALE OF ASSETS - 13,414 - - - - - Total Revenue 4,849,314 6,302,032 4,299,071 664,722 4,963,793 57,451 4,906,342 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) Mayor & Council LAND ACQUISITION - - - - - - - BUILDINGS/FUTURE CITY FACILITIES 330,584 42,102 36,070 - 36,070 11,497 24,573 Mayor & Council Total 330,584 42,102 36,070 - 36,070 11,497 24,573 General Admin VEHICLES / REPLACEMENT RESERVE - - - 50,000 50,000 - 50,000 General Admin Total - - - 50,000 50,000 - 50,000 Information Technology PROFESSIONAL FEES - - COMPUTER REFRESH 49,266 - - - - - - Information Technology Total 49,266 - - - - - - Police PUBLIC SAFETY COMMUNICATIONS 1,830 35,908 2,162,262 - 2,162,262 2,690 2,159,572 VEHICLES / NEW VEHICLES - - - - - - - VEHICLES / REPLACEMENT RESERVE 276,468 232,517 169,261 233,365 402,626 140,331 262,295 AUTOMATED LICENSE PLATE READERS - - - 39,917 39,917 - 39,917 Police Total 278,298 268,425 2,331,523 273,282 2,604,805 143,021 2,461,784 Fire FIRE STATION IMPROVEMENTS 24,094 25,938 50,974 - 50,974 - 50,974 VEHICLE REPLACEMENT RESERVE 35,586 54,501 1,071,126 57,440 1,128,566 - 1,128,566 ADVANCED LIFE SUPPORT EQUIP 2,032 - - - - - - AED UNITS 32,914 2,648 16,430 - 16,430 - 16,430 MASS NOTIFICATION SIRENS - - 300,000 - 300,000 - 300,000 SCBA CASCADE TRAILER - - - - - - - FIRE SAFETY HOUSE - - - 16,000 16,000 - 16,000 Fire Total 94,626 83,087 1,438,530 73,440 1,511,970 - 1,511,970 Public Works CONSTRUCTION INSPECTORS - - 99,912 - 99,912 21,224 78,688 GRAVEL ROADS MAINTENANCE 89,383 61,766 249,074 - 249,074 9,364 239,710 STORMWATER MAINTENANCE 157,459 27,197 455,899 - 455,899 50,121 405,778 NPDES PERMIT COMPLIANCE 67,599 51,020 414,480 - 414,480 92 414,388 PAVEMENT MANAGEMENT 705,469 1,938,805 3,331,148 - 3,331,148 1,383,339 1,947,809 PAVEMENT MGMT/CRABAPPLE PAVING FUND - - 21,000 - 21,000 - 21,000 SITE IMPROVEMENTS/PW YARD RELOCATION 9,988 19,000 56,177 - 56,177 700 55,477 INFRASTRUCTURE / TRAFFIC CALMING 7,410 10,156 38,234 - 38,234 - 38,234 INFRASTRUCTURE / RESTRIPING 61,722 82,595 137,219 - 137,219 4,327 132,892 CAMBRIDGE SCHOOL ZONE EQUIP - 27,500 - - - - - REPLACE SCHOOL ZONE FLASHERS - 526 14,474 88,000 102,474 - 102,474 Revenues Capital Projects Fund FY 2014 FY 2014 FY 2013 Actuals FY 2013 Actuals Expenditures 33 of 38 Capital Projects Fund Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) INFRASTRUCTURE / EDGE OF PAVEMENT - - 50,000 - 50,000 - 50,000 INFRASTRUCTURE / BRIDGE REPLACEMENT 569,142 283,317 261,172 - 261,172 - 261,172 INFRASTRUCTURE / SIDEWALKS 14,353 25,102 277,770 180,000 457,770 56 457,714 BETHANY@COGBURN RD INTERSECTION IMPROVMTS 419,628 9,327 102,664 - 102,664 56 102,608 HOPEWELL/FRANCIS/COGBURN INTERSECTION 20,259 54,646 835,874 - 835,874 98,539 737,335 HOPEWELL @ BIRMINGHAM INTERSECTION IMPROVMTS 34,913 54,705 720,383 - 720,383 11,650 708,733 HOPEWELL @ BETHANY BND/BETHANY WAY - 42,917 132,083 - 132,083 - 132,083 FREEMANVILLE @ PROVIDENCE & B'HAM INTERSECTION IMPROVMTS - - 75,000 - 75,000 - 75,000 VEHICLES / NEW VEHICLES - - 40,678 - 40,678 - 40,678 Public Works Total 2,157,325 2,688,579 7,313,241 268,000 7,581,241 1,579,467 6,001,774 Parks & Recreation PROF FEEES/PARKS & REC 15 YEAR COMP PLAN 430 - 24,570 - 24,570 - 24,570 PROF FEES/SIGN PROGRAM - 1,795 13,205 - 13,205 7,600 5,605 PROF FEES/B'HAM PARK MASTER PLAN 24,963 - - - - - - FACILITY R&M/BETHWELL HOUSE RENOVATIONS 4,200 - - - - - - RENTAL LAND & BUILDINGS/FCBOE LEASE 214,580 - - - - - - SITES / PARK LAND ACQUISTION 379,473 950,350 - - - - - SITE IMPROVEMENT/CRABAPPLE CROSSING PARTNERSHIP 153,373 26,979 - - - - - HOPEWELL HOUSE RENOVATIONS - 31,850 627,150 - 627,150 4,550 622,600 PARK & TRAIL EXPANSION 3,360 87,353 1,081,365 - 1,081,365 187,880 893,485 TRAIL PLAN UPDATE 15,000 - - - - - - INFRASTRUCTURE / BELL PARK 10,769 - - - - - - Parks & Recreation Total 806,149 1,098,328 1,746,290 - 1,746,290 200,030 1,546,260 Community Development PROF FEES/HWY 9 MASTER PLAN - - PROF FEES/TDR FEASIBILITY STUDY 29,389 11,180 9,083 - 9,083 - 9,083 ARCHITECTURAL CODE 33,466 1,081 - - - - - FORM BASED CODE/TDR ORDINANCE 580 25,370 2,850 - 2,850 - 2,850 GATEWAY SIGNAGE & HISTORIC MARKERS - - 67,810 - 67,810 400 67,410 SITE IMPROVEMENT/TREE RECOMPENSE - 2,075 34,205 - 34,205 - 34,205 Community Development Total 63,436 39,705 113,948 - 113,948 400 113,548 Unallocated CONTINGENCY - - 125,216 - 125,216 - 125,216 Unallocated Total - - 125,216 - 125,216 - 125,216 Total Expenditures 3,779,684 4,220,227 13,104,818 664,722 13,719,540 1,934,415 11,785,125 TOTAL REVENUES OVER/(UNDER) EXPENDITURES 1,069,630 2,081,805 (8,805,747) - (8,755,747) (1,876,964) (6,878,783) BEGINNING FUND BALANCE 5,809,267 6,878,897 8,960,703 8,960,703 8,960,703 ENDING FUND BALANCE 6,878,897 8,960,703 154,956 204,956 7,083,738 FY 2014 FY 2013 Actuals Expenditures 34 of 38 Capital Projects Fund BUDGET AMENDMENT NOTES Account Name REVENUES 1. Operating Transfer in from General Fund 664,722 Total Revenues 664,722$ EXPENDITURES 1. General Admin/Vehicle Replacement Reserve 50,000 2. Police/Vehicle Replacement Reserve 233,365 3. Police/Automated License Plate Readers 39,917 4. Fire/Vehicle Replacement Reserve 57,440 5. Fire/Fire Safety House 16,000 6. Public Works/School Zone Flashers 88,000 7. Public Works/Sidewalks 200,000 8. Public Works/Sidewalks (20,000) Total Expenditures 664,722$ 664,722$ The vehicle fleet in the non-public safety departments is aging to the point that we need to plan for the eventual replacement. TOTAL CAPITAL PROJECTS FUND BUDGET AMENDMENTS Increased to cover the budget amendments explained below Increased to purchase vehicles for the new officers Increased to purchase two readers Increased to purchase a replacement vehicle for the Battalion Chiefs Increased to purchase a fire safety house to enhance our community education efforts on teaching life safety skills This will cover the cost of expanding the sidewalks from Cogburn Elementary and Hopewell Middle north along Cogburn to the trail we built for the bridge which then connects to North Park To purchase school zone flashers for Birmingham Falls Elementary and to replace the flashers for Cogburn Elementary Transfer funds to the Capital Grant Fund to cover the city match for the TAP grant that will fund the concept study for a trail connection to the Big Creek Greenway Amendment Reason 35 of 38 CAPITAL GRANT FUND The Capital Grant Fund is considered to be a capital project fund that accounts for capital grants used to finance major capital projects. Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) FED GOV GRANT/CAPITAL/IND/GDOT CRABAPPLE STREETSCAPE - - 500,000 - 500,000 - 500,000 FED GOV GRANT/CAPITAL/IND/GDOT TAP (BIG CREEK)- - - 200,000 200,000 - 200,000 STATE GOV GRANT/LMIG FUNDS - 455,372 - 275,873 275,873 275,873 (0) STATE GOV GRANT/GDOT HPP FUNDS 135,418 296,269 7,262,878 - 7,262,878 34,766 7,228,112 STATE GOV GRANT/LCI FUNDS 100,000 - - - - - - STATE GOV GRANT/GA URBAN FORESTRY GRANT - 20,000 - - - - - STATE GOV GRANT/MARTA GRANT 143,971 - 177,355 - 177,355 - 177,355 STATE GOV GRANT/SR 9 @ BETHANY BND - - 60,000 - 60,000 8,447 51,553 STATE GOV GRANT/GDOT LANDSCAPE - - 4,062 - 4,062 - 4,062 LOCL GOV GRANT/ALPHARETTA & NORTH FULTON CID - - - 30,000 30,000 - 30,000 INTEREST REVENUE 1,840 989 800 - 800 118 682 OPERATING TRANSFER IN FROM GENERAL FUND 727,128 529,291 - 20,000 20,000 - 20,000 Total Revenue 1,112,366 1,301,921 8,005,095 525,873 8,530,968 319,205 8,211,763 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) Public Works STORMWATER MAINTENANCE 4,008 - - - - - - PAVEMENT MANAGEMENT - 206,561 - 275,873 275,873 - 275,873 INFRASTRUCTURE / BHAM @ PROVIDENCE 56,391 1,201,768 3,133,300 - 3,133,300 112,069 3,021,231 INFRASTRUCTURE/ARNOLDMILL@NEW PROVIDENCE 63,440 377,703 1,937,791 - 1,937,791 - 1,937,791 INFRASTRUCTURE/MAYFIELD@MID BROADWELL 155,915 136,465 2,576,664 - 2,576,664 33,606 2,543,058 INFRASTRUCTURE/MARTA 132,197 9,650 167,705 - 167,705 - 167,705 INFRASTRUCTURE/CRABAPPLE STREETSCAPE - - 625,000 - 625,000 26,659 598,341 INFRASTRUCTURE/DEERFIELD@MORRIS - 183,098 166,902 - 166,902 124,714 42,188 INFRASTRUCTURE/SR 9@BETHANY BEND - - 75,000 - 75,000 21,893 53,108 INFRASTRUCTURE/TRAIL CONN TO BIG CREEK GREENWAY - - - 250,000 250,000 - 250,000 Public Works Total 411,952 2,115,245 8,682,362 525,873 9,208,235 318,941 8,889,294 Community Development PROFESSIONAL FEES/LIVEABLE CENTERS INITIATIVE 114,000 - - - - - - PROFESSIONAL FEES/GA URBAN FORESTRY GRANT 25,000 - - - - - - BRANDING & SIGNAGE - - 7,190 - 7,190 - 7,190 Community Development Total 139,000 - 7,190 - 7,190 - 7,190 Other Financing Uses OPERATING TRANSFER OUT TO GENERAL FUND - - 20,000 - 20,000 - 20,000 Other Financing Uses Total - - 20,000 - 20,000 - 20,000 Expenditures Total 550,952 2,115,245 8,709,552 525,873 9,235,425 318,941 8,916,484 TOTAL REVENUES OVER/(UNDER) EXPENDITURES 561,414 (813,323) (704,457) - (704,457) 264 (704,721) BEGINNING FUND BALANCE 956,996 1,518,410 705,086 705,086 705,086 ENDING FUND BALANCE 1,518,410 705,086 629 629 705,350 FY 2013 Actuals FY 2013 Actuals Expenditures Revenues Capital Grant Fund FY 2014 FY 2014 36 of 38 Capital Grant Fund BUDGET AMENDMENT NOTES Account Name REVENUES 1. Fed Gov Grant/Capital/Ind/GDOT TAP (Big Creek) 200,000 2. State Gov Grant/LMIG Funds 275,873 2. Local Gov Grant/Alpharetta & North Fulton CID 30,000 3. Operating Transfer in from General Fund This represents our portion of 20,000 Total Revenues 525,873$ EXPENDITURES 1. Public Works/Pavement Management 275,873 1. Public Works/Infrastructure/Trail Conn to Big Creek Gr 250,000 Total Expenditures 525,873$ 525,873$ Amendment Reason Increased to recognize revenues from the Transportation Alternative Programs (TAP) grant money from GDOT to help fund the concept study for the trail connection to the Big Creek Greenway Increased to account for LMIG funds received Projected cost to fund the concept study for a future trail connection to the Big Creek Greenway TOTAL CAPITAL GRANT FUND BUDGET AMENDMENTS Increased to reflect what we've received to-date. The offset for these funds is Pavement Management. The City is partnering with Alpharetta and North Fulton CID to help provide the matching funds for the GDOT TAP grant 37 of 38 CAPITAL PROJECTS FUND – REVENUE BOND This is a newly created fund that accounts for capital projects funded by a revenue bond. Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) OPERATING TRANSFER IN FROM GENERAL FUND - - - 2,000,000 2,000,000 - 2,000,000 REVENUE BOND PROCEEDS - - - 10,000,000 10,000,000 - 10,000,000 Total Revenue - - - 12,000,000 12,000,000 - 12,000,000 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/10/14 Budget Remaining (after adj) General Government Buildings CITY HALL - - - 3,322,000 3,322,000 - 3,322,000 PUBLIC SAFETY COMPLEX - - - - - - - General Government Buildings Total - - - 3,322,000 3,322,000 - 3,322,000 Parks & Recreation BELL MEMORIAL PARK - - - 8,678,000 8,678,000 - 8,678,000 Parks & Recreation Total - - - 8,678,000 8,678,000 - 8,678,000 Expenditures Total - - - 12,000,000 12,000,000 - 12,000,000 TOTAL REVENUES OVER/(UNDER) EXPENDITURES - - - - - - - BEGINNING FUND BALANCE - - - - - ENDING FUND BALANCE - - - - - BUDGET AMENDMENT NOTES Account Name REVENUES 1. Operating Transfer in from General Fund 2,000,000 2. Revenue Bond Proceeds 10,000,000 Total Revenues 12,000,000$ EXPENDITURES 1. General Government Buildings/City Hall 3,322,000 2. Parks & Recreation/Bell Memorial Park 8,678,000 Total Expenditures 12,000,000$ 12,000,000$ TOTAL CAPITAL PROJECTS FUND - REVENUE BOND BUDGET AMENDMENTS Increased to account for the anticipated issuance of a revenue bond Amendment Reason Transfer from General Fund Funding for the future construction of City Hall Funding for the construction of the park to begin within the next few months FY 2013 Actuals FY 2014 Capital Project Fund - Revenue Bond Revenues FY 2013 Actuals FY 2014 Expenditures 38 of 38 Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. FULTON COUNTY AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT AMENDMENTS TO THE FISCAL 2014 BUDGET FOR EACH FUND OF THE CITY OF MILTON, GEORGIA AMENDING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, AMENDING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE. BE IT ORDAINED by the City Council of the City of Milton, GA while in a council meeting on March 17, 2014 at 6:00 p.m. as follows: WHEREAS, the City Manager of the City of Milton has presented amendments to the fiscal year 2014 Budget to the City Council on each of the various funds of the City; and WHEREAS, each of these budget amendments results in a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the amended fiscal year 2014 budget provides a financial plan for the government, establishing appropriations for each operating department in order to extend services; NOW, THEREFORE BE IT ORDAINED that this budget amendment, “Exhibit A” attached hereto and by this reference made a part hereof this ordinance shall be the City of Milton’s amended fiscal year 2014 budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several items of revenues shown in the budget for each fund in the amounts anticipated are adopted and that the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, Page 2 of 2 BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. ADOPTED AND APPROVED this 17th day of March, 2014. CITY OF MILTON, GEORGIA By: ________________________ Mayor Joe Lockwood __________________________ ________________________ Councilmember Karen Thurman Councilmember Burt Hewitt __________________________ ________________________ Councilmember Matt Kunz Councilmember Joe Longoria __________________________ ________________________ Councilmember Bill Lusk Councilmember Rick Mohrig (SEAL) Attest: _______________________________ Sudie AM Gordon, City Clerk HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 7, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ13-20 – 16340 Birmingham Highway with Additional Frontage on New Bull Pen Road Containing a Total of Approximately 66.40 acres by Christopher Perry to Rezone from AG -1 (Agricultural) to CUP (Community Unit Plan) to Develop 52 Single Family Residences. MEETING DATE: Monday, March 17, 2014 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: KAPPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: O YES O NOT APPROVED NO P) NO APPROVAL BY CITY ATTORNEY () APPROVED (} NOT APPROVED PLACED ON AGENDA FOR: o-; 17 14 REMARKS & &t—tjL 7-0 W t n 4,e rlj © your - PHONE: 678.242.25001 FAX: 678.242.2499 ' -Green Or i Certified t 1op 10° cis of info@eityofmiltonga.us I www.cityofmiltonga.us Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 "` e Sudie Gordon From: Robyn Macdonald Sent: Thursday, February 27, 2014 10:59 AM To: 5udie Gordon Subject: FW: withdrawal of RZ13-20 From: Carl Jones [mai Ito: shawshankltd101 bellsouth.net] Sent: Wednesday, February 26, 2014 4:40 PM To: Robyn Macdonald U. cf er mail.com; shawshankltd101 bellsouth.net Subject: withdrawal of RZ13-20 Robyn McDonough City of Milton` Feb. 26, 2014 Dear Robyn, It is my intention to withdraw the rezoning petition of RZ13-20 without Prejudice. do plan to attend the meeting of Planning Commission this evening. Thank you for your cooperation in this endeavor. Carl E. Jones CC: Christopher Perry Perry Development Holdings Inc. L4d HOME OF ' +STABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 7, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ13-21 - 975 Birmingham Road and 15755 Birmingham Highway Containing a Total of 22.3 Acres by Acadia Homes and Neighborhoods, LLC to Rezone from MIX (Mixed Use) and AG -1 (Agricultural) to CUP (Community Unit Plan) to Develop 55 Single Family Residences. MEETING DATE: Monday, March 17, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: {APPROVED {) NOTAPPROVED CITY ATTORNEY APPROVAL REQUIRED: {) YES P, NO CITY ATTORNEY REVIEW REQUIRED: O YES ANO APPROVAL BY CITY ATTORNEY () APPROVED () NOTAPPROVED PLACED ON AGENDA FOR: REMARKS 4- �-�c "Tb W r,oeA�J ® you(n PHONE: 678.242.25001 FAX: 678.242.2499r n n Green ,� * Cen;fied rop � infoCs�cityofmiltonga.us www.cityofmiltongmus ria C0111MunitY =h� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a Sudie Gordon From: Robyn Macdonald Sent: Thursday, February 27, 2014 10:59 AM To: Sudie Gordon Subject: FW: Birmingham Village - RZ13-21 Withdrawal From: Gregg Goldenberg [mailto:ggo[denberg acadiahomes.us] Sent: Friday, December 20, 2013 11:04 AM To: Kathleen Field Ce: Robyn Macdonald; Neville Allison; ken ecatl.com; Clint Walters Subject: Birmingham Village Kathy, The Sellers of our Birmingham Road Tract will not agree to a price reduction commensurate with the lot yield we expect the neighbors and council will support. Therefore we respectfully request a full withdrawal of our application without prejudice. We are disappointed in this result. ACAD A ,: A New Builder for a New Time, Gregg 1, Goldenberg President & CEO 2100 Po%ters Ferry Road Suite 300 Atlanta. GA 30339 Office 770.319.7424 Fax 770.319.7478 Cell 770.616.7525 acadiahomes.com op NOME OF' f i ESTABLISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 7, 2014 FROM: City Manager AGENDA ITEM: Consideration of ZM14-01 - 13660 New Providence Road, Mill Springs Academy to Modify the Site Plan Submitted on November 5, 1996 to a Revised Site Plan Submitted on February 4, 2014, MEETING DATE: Monday, March 17, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES () NOT APPROVED 9NO NO APPROVAL BY CITY ATTORNEY O APPROVED O NOT APPROVED PLACED ON AGENDA FOR: 3 ! 4 REMARKS 44 ® yeu PHONE: 678.242.25001 FAX: 678.242.2499 -Green P 7op 1Q6 infoftityofmiltonga.us I www.cityofmiltonga.us COmmunity n fF 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 �� Page 1 of 11 ZM14-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2014 (First Presentation March 3, 2014) ZM14-01 Mill Springs Academy PROPERTY INFORMATION ADDRESS 13660 New Providence Road DISTRICT, LAND LOTS 2/2, 803, 854-856, 874-876 OVERLAY DISTRICT Northwest Fulton EXISTING ZONING AG-1 (Agricultural) (96U-064, 02V-176 – Fulton County) ACRES 85.57 EXISTING USE Private School – 87,897 square feet with 300-400 students OWNER Robert W Moore, Headmaster 13660 New Providence Road Milton, GA 30004 APPLICANT Mill Springs Academy 13660 New Providence Road Milton, GA 30004 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – MARCH 17, 2014 ZM14-01 – APPROVAL CONDITIONAL INTENT To modify the site plan submitted on November 5, 1996 to a revised site plan submitted on February 4, 2014. Page 2 of 11 ZM14-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2014 (First Presentation March 3, 2014) Location Map Page 3 of 11 ZM14-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2014 (First Presentation March 3, 2014) REVISED SITE PLAN SUBMITTED FEBRUARY 4, 2014 Page 4 of 11 ZM14-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2014 (First Presentation March 3, 2014) EXISTING CONDITIONS Page 5 of 11 ZM14-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2014 (First Presentation March 3, 2014) MASTER PLAN FROM 2002 (02V-176) Page 6 of 11 ZM14-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2014 (First Presentation March 3, 2014) SITE PLAN RECEIVED NOVEMBER 5, 1996 (U96-64) Page 7 of 11 ZM14-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2014 (First Presentation March 3, 2014) History and Background: The existing private school, Mill Springs Academy was approved for a Use Permit pursuant to 96U-064 by the Fulton County Board of Commissioners. It was conditioned to limit the attendance for grades Kindergarten through 12th grade for a total of 500 students; a total gross floor area of 165,000 square feet, and three recreational fields; and four recreational courts. Staff has included the original site plan approved for this request on page 6 of the Staff Report. In addition, pursuant to V02-176, a total of 11 variances were granted by the Fulton County Board of Zoning Appeals which included a parking reduction from 390 parking spaces to 240 parking spaces. Although the Variance approved the reduction, there are currently 262 parking spaces on the site. Primarily, these variances addressed design requirements as required by the Northwest Fulton Overlay District. A copy of the approved variances by Fulton County Board of Zoning Appeals is included for reference at the end of the Staff Report. Staff has included a master plan dated 2002 which closely reflects the current configuration of the site on page 5 of the Staff Report. Staff notes that a Community Zoning Information Meeting is scheduled to occur on February 25, 2014. Currently, the school operates with an enrollment of 300-400 students with the following building constructed on the campus: 1) Gym and Assembly Building – 20,393 sq. ft. 2) Upper School – 27,500 sq. ft. 3) Pre-Upper School – 13,363 sq. ft. 4) 7 Temporary Buildings – total 24,022 sq. ft. 5) Pole Barn – 2,352 sq. ft. 6) Greenhouse – 267 sq. ft. Total of 87,897 square feet Proposed Modification Request – To modify the site plan submitted on November 5, 1996 to a revised site plan submitted on February 4, 2014. (Condition 2.a. 96U-064) The applicant has requested in the letter of intent dated February 4, 2014 to replace the original site plan approved in 1996 with a revised site plan submitted to the Community Development Department on February 4, 2014. This site plan proposes to replace the seven temporary buildings with the following permanent buildings: 1) Lower School – 8,728 sq. ft. 2) Middle School – 16,615 sq. ft. 3) Fine Arts – 27,537 sq. ft. 4) Technology/Media Areas – 11,286 sq. ft. 5) Administration Offices – 7,655 sq. ft. 6) Additional Gymnasium – 11,670 sq. ft. Page 8 of 11 ZM14-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2014 (First Presentation March 3, 2014) 7) Maintenance Shed – 1,800 sq. ft. Total of 85,291 square feet less 24,022 of temporary buildings for a grand total of 149,166 square feet. The most significant change from the existing conditions to the proposed revised site plan is the location of the internal drive which is located near the property line and those buildings interior to it. Currently, the temporary buildings are adjacent to the property line. Staff notes that no additional variances are required. The additional new buildings will be placed more centrally within the site and near the existing buildings. It appears that the revised site plan is similar in design to the original site plan submitted in 1996 with the internal drive closer to the subdivision, Gates Mill. It appears that Fulton County, when it approved the variances in 2002, allowed the temporary buildings to be built between the internal drive and Gates Mill Subdivision and therefore Staff’s request for a Modification of site plan and the existing conditions on the site . The following are the existing and proposed conditions in 96U-064: EXISTING Condition 2.a – To the site plan received by the Development Services Department on November 5, 1996. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. PROPOSED Condition 2.a- To the revised site plan received by the Community Development Department on February 4, 2014. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. The site plan indicates compliance with the existing conditions, variances granted, and the Zoning Ordinance. Additionally, the proposed use is consistent with the original request for the special use permit for a private school. The site plan indicates compliance with the existing condition, approved variances, and the Zoning Ordinance. Therefore, Staff recommends APPROVAL CONDITIONAL to modify the site plan submitted on November 5, 1996 to a revised site plan submitted on February 4, 2014 Page 9 of 11 ZM14-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2014 (First Presentation March 3, 2014) RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended condition (96U-064) should be revised to read as follows: 2. To the owner's agreement to abide by the following: a. To the revised site plan received by the Community Development Department on February 4, 2014. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. Page 10 of 11 ZM14-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2014 (First Presentation March 3, 2014) Page 11 of 11 ZM14-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 17, 2014 (First Presentation March 3, 2014) ORDINANCE NO. PETITION NO. ZM14-01 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITION(S) OF A RESOLUTION BY THE FULTON COUNTY BOARD OF COMMISSIONERS APPROVING PETITION 96U-064 ON FEBRUARY 5, 1997, PROPERTY LOCATED AT 13360 NEW PROVIDENCE ROAD WITHIN LAND LOTS 803, 854-856, 874-876, 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 85.57 ACRES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on March 17, 2014 at 6:00 p.m. as follows: SECTION 1. That the conditions of a resolution by the Fulton County Board of Commissioners, approved on February 5, 1996, for petition 96U-064 that approved a special use permit for private school located at 13360 New Providence Road consisting of a total of approximately 85.57 acres, attached hereto and made a part herein; ALL THAT TRACT or parcel of land located at 13360 New Providence Road; and SECTION 2. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 3. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 4. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 17th day of March, 2014 . Approved: ______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) CONDITIONS OF APPROVAL ZM14-01 Should the Mayor and City of Council approve this petition, the Recommended Conditions (96U-064) should be revised to read as follows: 2. To the owner's agreement to abide by the following: a. To the revised site plan received by the Community Development Department on February 4, 2014. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. REVISED SITE PLAN SUBMITTED FEBRUARY 4, 2014 HOME OF ` vl. ESTABLISH FD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 7, 2014 FROM: City Manager AGENDA ITEM: Consideration of A Resolution Appointing A Member to the City of Milton Planning Commission by Appointing a Board Member for District 2/Post 1. MEETING DATE: Monday, March 17, 2014 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ( APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. () YES {�j NO CITY ATTORNEY REVIEW REQUIRED: O YES NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: � 31'7 14 REMARKS 1 4 ® YOUM PHONE: 678.242.2500 FAX: 678.242.2499 info@cityofmiltonga.us I www.cityofmiifonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Green 4P; cen�fi�a CityOf Community Ea;.I.E r. FFi:.Y:: a STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON PLANNING COMMISSION BY APPOINTING A BOARD MEMBER FOR DISTRICT 2/POST 1 BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on the 17th day of March 2014 as follows: SECTION 1. That Noel Carpenter (District 2/Post 1) is hereby appointed for a term commencing March 17, 2014 and ending December 31, 2017; and SECTION 2. That this Resolution shall become effective upon its adoption; RESOLVED this 17th day of March, 2014. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) HOME OF ` ESTAIiLISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 13, 2014 FROM: City Manager AGENDA ITEM: Consideration of A Resolution for Crowne Castle's Application for Utilization of City of Milton Right of Way for Telecommunication Facilities, as Authorized by Law. MEETING DATE: Monday, March 17, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,)-Al"PPROVED () NOTAPPROVED CITY ATTORNEY APPROVAL REQUIRED: (�ES () NO CITY ATTORNEY REVIEW REQUIRED: (44ES O NO APPROVAL BY CITY ATTORNEY 6KAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: U REMARKS ® Yau(M *** �"' �Green` � : Cemfied � i°u ion PHONE: 678.242.2500 1 FAX: 678.242.2499 cryor info@cityofmiltonga.us j www.cityofmiltonga.us Community 3; Ethio 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 '. E"I: Ea B-Ov7E a 1 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPROVING CROWN CASTLE’S APPLICATION FOR UTILIZATION OF THE PUBLIC RIGHTS OF WAY OF THE CITY OF MILTON FOR WIRELESS TELECOMMUNICATION FACILITIES, AS AUTHORIZED BY LAW WHEREAS, in a letter dated January 31, 2014, Crown Castle NG East, Inc. ("Crown Castle") submitted a formal registration application to the Council of the City of Milton for access to the public rights of way to erect wireless facilities and wireless support structures for the provision of telecommunications services; and WHEREAS, O.C.G.A. § 32-4-92(a)(10) provides that municipalities may grant permits and establish reasonable regulations for the installation and construction of conduits, cables, wires, poles, towers, and other equipment, facilities, or appliances of any utility in, on, along, over, or under any part of its municipal street system lying within its municipal limits; and WHEREAS, the City of Milton has adopted regulations for, inter alia, the installation and construction of wireless telecommunications facilities and wireless support structures in the interest of: (1) protecting residential areas and uses from potential adverse impact of telecommunications facilities; (2) providing adequate personal wireless services to residents of Milton; (3) locating telecommunications towers and antennas in areas where adverse impacts on the community are minimized; (4) encouraging the design and construction of towers and antennas to minimize adverse visual impacts; (5) avoiding potential damage to property caused by wireless communications facilities by insuring that such structures are soundly and carefully designed and constructed; (6) preserving those areas of significant scenic or historic merit; (7) facilitating the implementation of the Existing Tower Map for the City of Milton; (8) promoting and encouraging the joint use of new and existing tower sites among service providers; and (9) enhancing the ability of the providers of wireless communications services to deliver such services to the community effectively and efficiently; and WHEREAS, these regulations are set forth in Chapter 54 of the Ordinances of the City of Milton. Chapter 54 is otherwise known as the Milton Telecommunications Ordinance; WHEREAS, O.C.G.A. § 46-5-1(b)(1) provides that any telephone company that seeks to place lines and facilities in the public roads and highways or rights of way of a municipal authority shall provide to such municipal authority: (1) the name, address, and telephone number of a principal office and local agent of such telephone company; (2) proof of certification from the Georgia Public Service Commission of such telephone company to provide telecommunications services in this state; (3) proof of insurance or self-insurance of such telephone company adequate to defend and cover claims of third parties and of municipal authorities; (4) a description of the telephone company's service area; (5) a description of the services to be provided; (6) an affirmative declaration that the telephone company shall comply with all applicable federal, state, and local laws and regulations, including municipal ordinances and regulations, regarding the placement and maintenance of facilities in the public rights of way that are reasonable, nondiscriminatory, and applicable to all users of the public rights of way, including the requirements of Chapter 9 of Title 25, the “Georgia Utility Facility Protection Act”; and (7) a statement in bold type at the top of the application as follows: “Pursuant to 2 paragraph (2) of subsection (b) of Code Section 46-5-1 of the Official Code of Georgia Annotated, the municipal authority shall notify the applicant of any deficiencies in this application within 15 business days of receipt of this application”; and WHEREAS, the Council finds that those requirements as set forth in O.C.G.A. § 46-5- 1(b)(1) have been met and satisfied and that Crown Castle's application is otherwise complete and in order; and WHEREAS, O.C.G.A. § 46-5-1(a)(1) provides that any telephone company chartered by the laws of this or any other state shall have the right to construct, maintain, and operate its lines and facilities upon, under, along, and over the public roads and highways and rights of way of this state with the approval of municipal authorities in charge of such roads, highways, and rights of way; and WHEREAS, O.C.G.A. 46-5-1(b)(17) provides that if a telephone company receives authorization to construct, maintain, and operate its lines and facilities upon, under, along, and over the public roads and highways and rights of way of this state with the approval of municipal authorities in charge of such roads, highways, and rights of way, the telephone company must still comply with any permitting requirements of said municipality; WHEREAS, the City Council deems and declares it to be in the best interests of the citizens of the City of Milton that the January 31, 2014, application of Crown Castle be approved. NOW THEREFORE, the Council of the City of Milton hereby ordains and resolves that the application of Crown Castle to make use of the public roads, highways and rights of way belonging to and within the City of Milton is hereby deemed in order and complete; BE IT FURTHER RESOLVED, the Council of the City of Milton hereby ordains and resolves that the application of Crown Castle to make use of the public roads, highways and rights of way belonging to and within the City of Milton is hereby approved; BE IT FURTHER RESOLVED that the City of Milton does hereby affirm its entitlement to all benefits under O.C.G.A. 46-5-1(a)(1), et.seq, to include the receipt of Due Compensation as defined by O.C.G.A. § 46-5-1(b)(9) and (11) as a condition of the construction of any telecommunications structures or facilities within the public rights of way of the City of Milton; BE IT FURTHER RESOLVED that, prior to the erection of any wireless facilities or wireless support structures within the rights of way of the City of Milton or otherwise, that Crown Castle shall be required to apply for and receive a permit, to include the requisite Council approval, pursuant to the dictates and requirements of Chapter 54 of the Code of Ordinances of the City of Milton Georgia and any other applicable Milton rules, regulations or ordinances; and BE IT FURTHER RESOLVED that if a permit is secured for erection of any wireless facilities or wireless support structures within the rights of way of the City of Milton, then Crown Castle shall nonetheless be subject to all requirements and obligations set forth in O.C.G.A. §§ 32-6-171 and 32-6-173 and Chapter 54, Section 8 of the Code of Ordinances of the City of Milton Georgia regarding the repair, maintenance, and relocation of said facilities or 3 structures. BE IT SO RESOLVED AND ORDAINED, this 17th day of March, 2014, by the Council of the City of Milton, Georgia, the public health, safety and welfare demanding it. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) CCA�TLE 31 January 2014 By United States Postal Service Mr. Christopher J. Lagerbloom City Manager City of Milton 13000 Deerfield Parkway, Suite 107 Milton, Georgia 30004-5026 Crown Castle 5902 Mount Eagle Drive, Suite 1517 Alexandria, Virginia 22303-2522 Christopher.Sinclair@crowncastle.com Re: Formal Registration Application to Access the Public Rights of Way for the Provision of Telecommunications Services Dear Mr. Lagerbloom: Tel 703-960-4775 Fax 703-960-4605 www.crowncastle.com Please consider this correspondence the formal registration application by Crown Castle NG East Inc. ("Crown Castle"), a wholly-owned indirect subsidiary of Crown Castle International Corp. (NYSE:CCI) formerly known as NextG Networks of NY, Inc., to access the public rights of way within the City of Milton for the provision of telecommunications services as a State -certificated utility. Crown Castle respectfully submits the enclosed information and documentation in accordance with the Official Code of the State of Georgia, Title 46 Public Utilities and Public Transportation, Chapter 5 Telephone and Telegraph Service, Article 1 General Provisions, Section 46-5-1, and Section 253 of the federal Telecommunications Act of 1996. Crown Castle offers wireless operators (such as cellular and PCS providers) innovative solutions to enhance their network performance, to include improved wireless coverage and/or capacity and call quality, that do not require the construction of traditional macro sites, such as towers, monopoles, or rooftop installations. Critical areas can be covered by using optical fiber to connect a distributed antenna system (DAS) network of microcellular node sites, consisting of small antennas and optical repeaters, attached to existing infrastructure, typically utility distribution poles and street light poles, where available, in the public right of way. DAS networks generally are implemented in areas where macro sites cannot adequately reach or when siting new macro facilities may prove to be impractical. Communities recognize the numerous advantages of Crown Castle and DAS. Deployment is not premised on the construction of new towers or monopoles. Visually unobtrusive, the equipment is concealed and easy to install and maintain. Improved wireless capacity and/or coverage and expanded service offerings, to include emerging broadband technologies, are provided without public investment. 31 January 2014 Page 2 Enclosed for your reference you will find: a document summarizing the registration information to be furnished as specified in Section 46-5-1(b)(1), Paragraphs (A) through (G), of the State statute; an FAQ document entitled "A Local Official's Guide: Responding to a Telecommunications Application from Crown Castle"; and other supporting documentation. At your earliest convenience, please review the enclosed materials and kindly advise the City's written acceptance of this registration application. Feel free to contact me with any questions, and thank you in advance for your assistance in this matter. Sincerely, Christopher T. Sinclair Director, Government Relations Southeast Region Enclosures: Local Official's FAQ Registration Information State Regulatory Approvals (2) State of Delaware, Secretary of State, Document, "Certificate of Conversion of NextG Networks of NY, Inc. to Crown Castle NG East Inc." Certificate of Insurance Preliminary General Service Area Map Annual State Registration Document Cc: Ms. Sudie Gordon, City Clerk, With Enclosures Ken E. Jarrard, Esq., City Attorney, With Enclosures :i O LJ c O O U Q Scu `V i L O Z ^u L .a) L a W ,�,^� V/ cu U c O L U —_ ft 2 ` }' to L.1 c, O H m m - N Q N m mr © o m� a E N N m `m m 0. L-. N E mQ tp L as 0 cZ m UW EQ m c F oa N C m dm Q L y 3r 10 m m d" v _ m E€= us m O C _ d Q E c m U m .c a m m E cQ o m L w r m m ym m N (0 Q w O m L �r C Q O — �O N yr0 aMw m Z V U O O y act c -m °<E oda _w E5" EL Q W �00 y N Q O` Q m mZ m0 -a --2 m d Q mva a a c aim anS m n>m O EZ m L E Z y C O O d C p 000c A CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 O1i14�2 4' THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT PHONE 8'7'7-945-7378 (AIC N FAX 888-467-2378 Willis of Pennsylvania, Inc. c/o 26 Century Blvd. P. 0. Box 305191 E-MAIL certificatesiPwillis.com INSURER(S)AFFORDING COVERAGE NAIC# Nashville, TN 37230-5191 INSURER A: Federal Insurance Company 20281-005 4/1/2013 INSURED CROWN CASTLE INTERNATIONAL CORP. INSURER B: New Hampshire Insurance Co. 23841-000 DAMAGE TO RENTED PREMISES Ea occurence $ 1 000 000 See Attached Named Insured List INSURER C: INSURER D: 1220 Augusta Dr. Suite 500 Houston, TX 77057 INSURER E: INSURER F: GOVtKA(itJ t,,crctirn.rarcriann-— THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CE DDSU POLICYNUMBER POLICY EFF POLICY EXPLIMITS AUTHORIZED REPRESENTATIVE RAL LIABILITY "_7 OCCUR Y Y 7021-02-28 4/1/2013 4/1/2014 EACHOCCURRENCE $ 1 000 000 DAMAGE TO RENTED PREMISES Ea occurence $ 1 000 000 MED EXP (Any one person) $ 5,000 PERSONAL B ADV I NJURY $ 11000,000 GENERALAGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2 000 000 GEML AGGREGATE LIMIT APPLIES PER: A X POLICY PRO LOC AUTOMOBILE LIABILITY Y Y 7021-02-29 4/1/2013 4/1/2014 $ CO(Ea aMccident)S$ BINEDINGLE LIMIT 1,000,000 BODILY INJURY(Per person) $ X ANYAUTO BODILY INJURY(Per accident) $ ALLOWNED -1 CHEDULED UTOS HIR DSAUTOS NON -OWNED AUTOS PROPERTYDAMAGE (Per accident) $ B X UMBRELLALIAB EXCESS LIAB X OCCUR CLAIMS -MADE Y Y 61844671 4/1/2013 4/1/2014 EACHOCCURRENCE $ 51000,000 AGGREGATE $ 5,000,000 A N I A Y 7171-06-98 4/1/2013 4/1/2014 $ ATU- TH- X W Y T DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITYE.L. ANY PROPRIETOR/PARTNER/EXECUTIVE a OFFICERIMEMBER EXCLUDED? EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 Mandatoryin NH) � f yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach Acord 101, Additonal Remarks Schedule, it more space is required) see attached: CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004-5026 a A h r•non rnoonoATIAAI All rinhfs reserved Coll:4310606 Tp1:1615966 Cert:L1VO4.740 �,.,V.....••�—`•-•—•- ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: ,eco ADDITIONAL REMARKS SCHEDULE Page -2 -of 2 AGENCY NAMED INSURED CROWN CASTLE INTERNATIONAL CORP. Willis of Pennsylvania, Inc. See Attached Named Insured List 1220 Augusta Dr. Suite 500 Houston, TX 77057 POLICY NUMBER See First Page CARRIER NAIC CODE EFFECTIVE DATE: See First Page See First Page AnnITInNAI RFMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Certificate Holder is included as Additional Insured under the General, Automobile and Umbrella policies as required by written agreement and only with respect to the liability arising out of the operations performed by or on behalf of the Named Insured. General, Automobile, Umbrella Liability and Workers' Compensation include a Waiver of Subrogation in favor of the Certificate Holder when required by written contract but always subject to the policy terms, conditions, exclusions and as permitted by law. Re: Telecommunications Registration (46733339, 46733340, 46733341) - Municipal acquisition for an operator project. Additional Insured: City of Milton ACORD 101 (2008/01) Coll:4310606 Tpl:1b15ybb cerL:aluoa.7ao 1.,�V��r.....�.,....•-.-•-�••�•-• _.__ The ACORD name and logo are registered marks of ACORD Business Entity Al G isSecretary of State �� e p Corporations r Elections • News Roam • Professional Licensure • Securities Date: 1/21/2014 View Filed Documents (Annual Registration History etc.) PLEASE NOTE: To download your Annual Registration forms you will need Adobe Reader to view and/or print. If you do not have Adobe Reader installed on your computer, click the "Get Adobe Reader" button on the right nooBesEaaEa° to download the reader free of charge from the Adobe website. Annual Registrations The Georgia Code only requires the Office of Secretary of State to retain annual registrations for a period of five years from the date in which it was filed. Annual registrations older than five years may no longer be available for certification or viewing on the web. Business Name History Name Search lo By Business Name ►By Control No ►By Officer ►By Registered Aoen Date: 1/21/2014 View Filed Documents (Annual Registration History etc.) PLEASE NOTE: To download your Annual Registration forms you will need Adobe Reader to view and/or print. If you do not have Adobe Reader installed on your computer, click the "Get Adobe Reader" button on the right nooBesEaaEa° to download the reader free of charge from the Adobe website. Annual Registrations The Georgia Code only requires the Office of Secretary of State to retain annual registrations for a period of five years from the date in which it was filed. Annual registrations older than five years may no longer be available for certification or viewing on the web. Business Name History Name Name Type CROWN CASTLE NG EAST INC. Current Name NEXTG NETWORKS OF NY, INC. PRIOR NAME Profit Corporation - Foreign - Information Control No.: 0364226 Status: Active/Compliance Entity Creation Date: 11/24/2003 Jurisdiction: DE Principal Office Address: 1220 Augusta Drive, Suite 500 Houston TX 77057 Last Annual Registration Filed Date: 8/20/2012 Last Annual Registration Filed: 2012 Registered Agent Agent Name: C T CORPORATION SYSTEM Office Address: 1201 PEACHTREE STREET, NE ATLANTA GA 30361 Agent County: FULTON Officers Title: CEO Name: W. Benjamin Moreland Address: 1220 Augusta Drive, Suite 500 Houston TX 77057 Title: Secretary Name: Donald J Reid Address: 1220 Augusta Drive, Suite 500 Houston TX 77057 Title: CFO Name: Jay A Brown Address: 1220 Augusta Drive, Suite 500 Houston TX 77057 Page 1 of 1 http://corp.sos.state.ga.us/corp/soskb/Corp.asp?241486 1/21/2014 Ll C(�WTt F Crown Castle 5902 Mount Eagle Drive, Suite 1517 Alexandria, Virginia 22303-2522 Christopher.Sinclair@crowncastle.com Registration Information Tel 703-960-4775 Fax 703-960-4605 www.crowncastle.com As outlined in the Official Code of the State of Georgia; Title 46, Public Utilities and Public Transportation; Chapter 5, Telephone and Telegraph Service; Article 1, General Provisions; Section 46- 5-1(b)(1); Paragraphs (A) through (G), Crown Castle NG East Inc. ("Crown Castle"), a wholly-owned indirect subsidiary of Crown Castle International Corp. (NYSE:CCI) formerly known as NextG Networks of NY, Inc., respectfully submits the following information as part of its formal registration application to the City of Milton, Georgia, to "place lines and facilities in the public roads and highways or rights of way" within the City for the provision of telecommunications services as a State -certificated utility. Pursuant to paragraph (2) of subsection (b) of Code Section 46-5-1 of the Official Code of Georgia Annotated, the municipal authority shall notify the applicant of any deficiencies in this application within 15 business days of receipt of this application. [Note: Statement inserted as required in item G below.] A. "The name, address, and telephone number of a principal office and local agent of such telegraph or telephone company;" Response: Corporate Offices: Crown Castle NG East Inc., Attention: DAS Administration, 2000 Corporate Drive, Canonsburg Pennsylvania 15317, telephone 724.416.2000, fax 724.416.2353, DAS.Administration@crowncasde.com. Regional Representative: Christopher Sinclair, Director of Government Relations — Southeast Region, Crown Castle, 5902 Mount Eagle Drive, Suite 1517, Alexandria Virginia 22303, telephone 703.960.4775, fax 703.960.4605, Christopher.Sinclair@crowncastle.com. B. "Proof of certification from the Georgia Public Service Commission of such telegraph or telephone company to provide telecommunications services in this state;" Response: Enclosed you will find copies of the following regulatory authorizations: • Certificate No. X-1064, Certificate of Authority — Toll Lines, as decided 20 April 2004; and • Certificate No. L-0360, Interim Certificate of Authority to Provide Competitive Local Exchange Telecommunications Services, as approved 18 May 2004 and issued 07 June 2004 C. "Proof of insurance or self-insurance of such telegraph or telephone company adequate to defend and cover claims of third parties and of municipal authorities;" Response: Please see the enclosed certificate of insurance. Page 2 D. "A description of the telegraph or telephone company's service area, which description shall be sufficiently detailed so as to allow a municipal authority to respond to subscriber inquiries. For purposes of this paragraph, a telegraph or telephone company may, in lieu of or as supplement to a written description, provide a map on 8 '/z by 11 inch paper that is clear and legible and that fairly depicts the service area within the boundaries of the municipal authority. If such service area is less than the boundaries of an entire municipal authority, the map shall describe the boundaries of the geographic area to be served in clear and concise terms;" Response: Please see the enclosed preliminary map indicating the general service area within the City Crown Castle seeks to place "lines and facilities in the public roads and highways or right of way". E. "A description of the services to be provided;" Response: Crown Castle provides Telecommunications Services as authorized in its regulatory certification from the Georgia Public Service Commission, but initially private line service. Specifically, it carries voice and data traffic handed off to it by wireless providers (such as cellular and PCS). It carries that traffic via fiber optic lines from antennas located on utility poles and/or street light poles to a central switching -like location, and, from there, either back to another antenna or out to the public switched telephone network or Internet. F. "An affirmative declaration that the telegraph or telephone company shall comply with all applicable federal, state, and local laws and regulations, including municipal ordinances and regulations, regarding the placement and maintenance of facilities in the public rights of way that are reasonable, nondiscriminatory, and applicable to all users of the public rights of way, including the requirements of Chapter 9 of Title 25, the "Georgia Utility Facility Protection Act";" and Response: Crown Castle agrees to comply with all applicable federal, state, and local laws and regulations, including municipal ordinances and regulations, regarding the placement and maintenance of facilities in the public rights of way that are reasonable, non-discriminatory, and applicable to all users of the public rights of way, including the requirements of Chapter 9 of Title 25, the "Georgia Utility Facility Protection Act". G. "A statement in bold type at the top of the application as follows: "Pursuant to paragraph (2) of subsection (b) of Code Section 46-5-1 of the Official Code of Georgia Annotated, the municipal authority shall notify the applicant of any deficiencies in this application within 15 business days of receipt of this application." Response: Please refer to the second paragraph of the previous page. Please contact Christopher Sinclair for any additional information which may be required concerning this registration application. Thank you. 'do�M . ' RECEIVED1:� _:M COMMISSIONERS: DEBORAH K. FLANNAGAN H. DOUG EVERETT, CHAIRMAN c' JUN 0004 EXECUTIVE DIRECTOR ROBERT B. BAKER, JR. 1.7 a DAVID L. BURGESS ANGELA ELIZABETH SPEIR EXECUTIVE WRE 1 A RY REECE McALISTER STAN WISE (6rargin jJubltr Sr6ire T f A.M EXECUTIVE SECRETARY �j 244 WASHINGTON ST�'fi,-9.1N. — F (404) 6564501 ATLANTA, GEORGIA (800) 282-5813 � � 7f ■ FAX: (4 s te.ga.41 � h+ 01 www.ps .stete.ga.us 1F ET 0rUMENT INTERIM CERTIFICATE OF RITY TO PROVIDE COMPETITIVE LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES IN RE: DOCKET NO 18274 -U: Application of NextG Networks of NY, Inc. dba NextG Networks East for a Certificate of Authority to Resell and Provide Facilities - Based Competitive Local Exchange Services. Certificate No. L-0360 Approved: May 18, 2004 Issued: to 12 /in � BY THE COMMISSION: I. BACKGROUND NextG Networks of NY, Inc. dba NextG Networks East (hereinafter referred to as "the Applicant" or "the Company ") on January 15, 2004 pursuant to O.C.G.A. § 46-5-163(b), filed with the Georgia Public Service Commission (hereinafter referred to as "the Commission") an application for a Certificate of Authority to Provide Competitive Local Exchange Services. In Administrative Session on May 18, 2004, the Commission voted to waive the public hearing on this matter. The statutory authority governing certificates of authority of the type the Applicant is seeking is found at O.C.G.A. § 46-5-163. This code section provides that a telecommunications company including a telecommunications services reseller shall not provide telecommunications services without a certificate of authority issued by the Commission. A certificate may not be issued without adequate proof that the applicant possesses satisfactory financial and technical capability. A showing of public convenience and necessity is not a condition for issuing a competing certificate of authority. In support of its application, the Applicant presented evidence through exhibits and additional materials routinely requested by the Commission Staff. After carefully analyzing all evidence of the record in this case, the Commission makes the following findings of fact and conclusions of law: Docket No. 18274 -U Page 1 of 5 II. FINDINGS OF FACT TECHNICAL CAPABILITY. The Applicant intends to offer local exchange telecommunications services to business and residential customers in Georgia. Applicant has demonstrated adequate technical capabilities to implement its business plan through evidence regarding its management team, technical understanding and customer service plans. 2. FINANCIAL CAPABILITY. The Applicant has demonstrated that it possesses sufficient and adequate financial capability to provide the local exchange telecommunications services for which it is seeking a Certificate of Authority. III. CONCLUSIONS OF LAW The Commission Staff certifies the record in this docket to the Commission and issues this recommendation pursuant to O.C.G.A. §§ 46-2-58(d) and 50-13-17(a). Based upon the evidence, the Commission Staff finds that the Applicant has shown that it possesses satisfactory financial and technical capability pursuant to O.C.G.A. § 46-5-163(h) in order to be granted an interim certificate, consistent with the Commission's guidelines in Docket No. 5778-U for the issuance of interim certificates of authority for the provision of local exchange telecommunications service. Having reviewed the record and considered this case, the Commission finds and concludes that it should adopt the Commission Staffs recommendation as its decision in this docket. WHEREFORE, it is ORDERED, that the above numbered certificate is granted to NextG Networks of NY, Inc. dba NextG Networks East, whose principal business address is 1759 South Main Street, Suite 128, Milpitas, CA 95035, to resell and provide facilities -based competitive local exchange telecommunications services. ORDERED FURTHER, that the Applicant is hereby granted authority to provide local exchange telecommunications services in the BellSouth exchanges set forth below: Acworth Atlanta Bainbridge Augusta Barnesville Austell Baxley Baconton Blackshear Americus Adairsville Appling Albany Arlington Alpharetta Athens Docket No. 18274 -U Page 2 of 5 Bogart -Statham Bowdon Bremen Brunswick Buchanan Buford Calhoun Camilla Carrollton Cartersville Cave Spring Cedartown Chamblee Claxton Clermont Cochran Colquitt Columbus Concord Conyers Cordele Covington Cumming Cusseta Dallas Douglasville Dublin Duluth Eastman Eatonton Elberton Fairburn Fayetteville Flowery Branch Forsyth Fort Valley Franklin Gainesville Gay Gibson Grantville Greensboro Greenville Griffin Hamilton Hampton Harlem Hazelhurst Hephzibah Hogansville Jackson Jekyll Island Jesup Johnson Corner Jonesboro Kingston LaGrange Lake Park Lawrenceville Leary Leesburg Lithonia Loganville Louisville Lula Lumber City Lumpkin Luthersville Lyons Macon Madison Marietta McCaysville McDonough Millen Monticello Newman Newton Norcross Palmetto Panola Pelham Pine Mountain Pooler Powder Springs Richland Rockmart Rome Roopville Rossville Roswell Royston Rutledge St. Simons Island Sandersville-Tennille Sardis Savannah Senoia Smithville Smyrna Social Circle Sparks Sparta Stockbridge Stone Mountain Swainsboro Sylvester Tallapoosa Temple Tennga Thomasville Thomson Tifton Tucker Tybee Island Valdosta Vidalia Villa Rica Wadley Warner Robins Warrenton Watkinsville Waycross Waynesboro Woodbury Woodstock Wrens Wrightsville Zebulon ORDERED FURTHER, that pursuant to O.C.G.A. § 46-5-168(b)(2) the certificate granted herein shall be subject to revocation if the Applicant fails to notify the Commission of any change in its contact address on file with the Commission, fails to comply with Commission requirements or Orders, or violates any applicable law or Commission Rule. ORDERED FURTHER, that NextG Networks of NY, Inc. dba NextG Networks East's tariff is hereby approved. ORDERED FURTHER, that the interim certificate is issued subject to the conditions Docket No. 18274 -U Page 3 of 5 adopted by the Commission in Docket No. 5778-U and subject to all other applicable requirements and rules of the Commission, including, but not limited to: Quarterly Filing Requirements: 1) the number of new and total customers, categorized by customer class and types of service; 2) the number, nature and resolution of any complaints, categorized by customer class (and, if applicable, by types of service); 3) the number of employees dedicated in Georgia to the local service, categorized by type (e.g., customer service, sales, maintenance, etc.); and 4) An explanation of whether the services are being made available through resale or through use of the company's own facilities. ORDERED FURTHER, that the Applicant shall contribute to the Universal Access Fund as prescribed in Docket No. 5825-U. ORDERED FURTHER, Applicant must comply with O. C.G.A. § 25-9-1 et M. regarding the practices and procedures that shall be employed when a telecommunications provider or its designee is excavating in the state of Georgia ORDERED FURTHER, that if the Applicant desires to do business in Georgia under any name which does not appear on this certificate, Applicant shall submit an application for amendment to its certification stating the name under which it plans to conduct business. ORDERED FURTHER, that as a condition precedent to the Applicant offering local service in any of the requested exchanges, the Applicant must enter into an interconnection agreement with each affected incumbent local exchange company and obtain the formal approval of the Georgia Public Service Commission after said agreement is filed with the agency. ORDERED FURTHER, that all statements of fact, law and regulatory policy contained within the preceding sections of this Order be adopted as findings and conclusions of law and conclusions of regulatory policy of the Commission. ORDERED FURTHER, that jurisdiction over this matter is expressly retained for the purpose of entering such further Order or Orders as this Commission may deem just and proper. ORDERED FURTHER, that any motion for reconsideration or rehearing in this case shall not have the effect of staying this Order of the Commission, except insofar as the Commission may otherwise provide. Docket No. 18274 -U Page 4 of 5 BY ORDER OF THE GEORGIA PUBLIC SERVICE COMMISSION, this 18th day of May, 2004. Reece McAlister Executive Secretary Date: ( �2 — RM/HDE/TS/dt H. Doug Everett Chairman Date: Docket No. 18274 -U Page 5 of 5 Decided: April 20, 2004' BY THE COMMISSION: On January 15, 2004, NextG Networks of NY, Inc. d/b/a NextG Networks East (hereinafter referred to as the "Company") filed with the Georgia Public Service Commission (hereinafter the "Commission") an application for a Certificate of Authority to provide intrastate intraLATA and interLATA telecommunications service throughout the state of Georgia. By way of background, Georgia was divided into five Local Access and Transport Areas ("LATAs") as a result of certain litigation involving AT&T (formerly known as American Telephone and Telegraph Company) which resulted in what is commonly referred to as the Modified Final Judgement, the consent decree entered by the United States District Court in United States v. American Telephone and Telegraph Company, 552 F. Supp. 131 (D.D.C. 1982), affd sub nom. Marviand v. United States, 103 S. Ct. 1240 (1983). In filing this application, the Company seeks authority to become an intraLATA and interLATA interexchange facilities -based carrier operating within the state of Georgia. The Company has reviewed the Orders issued in Docket Nos. 3430-U, 3522-U, 3645-U, 3921-U, and 3995-U and specifically agrees to accept the same terms, conditions and restrictions imposed by the Commission in those dockets. OF .0 f COMMISSIONERS: H. DOUG EVERETT, CHAIRMAN" DEBORAH K. FLANNAGAN EXECUTIVE DIRECTOR s; ROBERT B. BAKER, JR, i'i � r DAVID L. BURGESS ANGELA ELIZABETH SPEIR STAN WISE REECE McALISTER k1bearsia 1jIXUIt� �Frfrirr �Dnuniesian EXECUTIVE SECRETARY 244 WASHINGTON STREET; S.W. (404) 656-4501 (800) 282-5813 ATLANTA, GEORGIA 30334-5701 FAX: (404) 656-2341 .- a !fit www.pscstate.ga.us n ,, NED APR 3 0 2004 DOCKET NO. 18273-U EXECUTIVE SECRETARY CERTIFICATE NO. X-1064 P S.C, IN RE: Application of NextG Networks of NY, Inc. d/b/a NextG Networks East for a Certificate of Authority to Construct or Operate Telephone Line, Plant or System. ! 7 CERTIFICATE OF AUTHORITY -�� TOLL LINES Decided: April 20, 2004' BY THE COMMISSION: On January 15, 2004, NextG Networks of NY, Inc. d/b/a NextG Networks East (hereinafter referred to as the "Company") filed with the Georgia Public Service Commission (hereinafter the "Commission") an application for a Certificate of Authority to provide intrastate intraLATA and interLATA telecommunications service throughout the state of Georgia. By way of background, Georgia was divided into five Local Access and Transport Areas ("LATAs") as a result of certain litigation involving AT&T (formerly known as American Telephone and Telegraph Company) which resulted in what is commonly referred to as the Modified Final Judgement, the consent decree entered by the United States District Court in United States v. American Telephone and Telegraph Company, 552 F. Supp. 131 (D.D.C. 1982), affd sub nom. Marviand v. United States, 103 S. Ct. 1240 (1983). In filing this application, the Company seeks authority to become an intraLATA and interLATA interexchange facilities -based carrier operating within the state of Georgia. The Company has reviewed the Orders issued in Docket Nos. 3430-U, 3522-U, 3645-U, 3921-U, and 3995-U and specifically agrees to accept the same terms, conditions and restrictions imposed by the Commission in those dockets. In Administrative Session on April 20, 2004, the Commission voted to waive public hearing on this matter. After carefully analyzing all evidence of the record in this case, the Commission makes the following findings of fact and conclusions of law: FINDINGS OF FACT 1. The Company has filed an application seeking authority to provide state-wide intraLATA and interLATA interexchange facilities -based telecommunications services in the state of Georgia. 2. The Commission has considered the application of the Company for a Certificate of Authority. 3. The state of Georgia has been divided as a consequence of the Modified Final Judgement into five L,ATAs (local access and transport areas). 4. The Company is a long-distance telecommunications carrier authorized by the Federal Communications Commission ("FCC") to construct and operate interstate telecommunications services. The Company owns facilities and/or leases them from/to other common carriers. The Company's system provides interstate telecommunications services including private line offerings. 671 The Commission finds that the Company has the financial, technical and managerial ability to provide intraLATA and interLATA intrastate telecommunications service for which it is seeking a Certificate of Authority. 6. The Commission finds that the Company will provide voice and data radio frequency transport and backhaul services (RF Transport Services) utilizing optical technology, including multi - wavelength optical technology, over dedicated transport facilities principally to commercial mobile radio service providers. Applicant may also transport and distribute wireless data services. DOCKET NO. 18273-U Certificate No. X-1064 Page 2 of 5 CONCLUSIONS OF LAW Based on the foregoing Findings of Fact, the Commission makes the following Conclusions of Law: 1. Pursuant to O.C.G.A. §§ 46-5-163(b), 46-5-41, 46-2-23 and 46-2-25, the Commission has jurisdiction to grant the certificate requested herein and to determine the reasonableness of the rates, charges, classifications and services of the Company. 2. O.C.G.A. § 46-5-43 requires that when an application to acquire or operate a telephone system is received, proper notice of the application shall be given to specifically identified groups and classes of persons. 3. The Commission, pursuant to O.C.G.A. §§ 46-5-41, 46-5-163(b), and 46-5-168, has the authority based upon applicable law to refuse to issue the certificate or to issue it in part or in whole. 4. The Commission further concludes that this certificate authorizes the Company to provide intraLATA and interLATA services throughout the State of Georgia. The Company will be subject to this Commission's decisions on all issues concerning the completion of intraLATA and interLATA calls. The Company is authorized to sell its services and to resell services of other certificated carriers. 5. The Commission further concludes, pursuant to O.C.G.A. §§ 46-2-25.1, 46-2-25.2 and 46-2- 25.3, that all companies providing services between Georgia's LATAs should take certain steps to insure that customers utilizing the services of the companies are not billed for county -wide local calls, 16 -mile toll-free calls, and toll-free calls within 22 miles that both originate and terminate within a given LATA. In the case of companies providing services to other common carriers for resale, the foregoing restriction shall apply to the reselling company. DOCKET NO. 18273-U Certificate No. X-1064 Page 3 of 5 WHEREFORE, it is ORDERED. that a Certificate of Authority No. X-1064 is hereby granted to NextG Networks of NY d/b/a NextG Networks East, Inc. for the provision of intraLATA and interLATA intrastate telecommunications services in Georgia. ORDERED FURTHER, that NextG Networks of NY, Inc. &b/a NextG Networks East shall provide intrastate intraLATA and interLATA services pursuant to its Georgia tariff. ORDERED FURTHER, that if the Company desires to do business in Georgia under any name which does not appear on this certificate, the Company shall submit an application for amendment to its certification stating the name under which it plans to conduct business. ORDERED FURTHER, that the Company shall contribute to the Universal Access Fund as prescribed in Docket No. 5825-U. ORDERED FURTHER, that the Company shall be responsible for ensuring that its employees, agents or designees comply fully with all applicable laws, rules and orders of the Commission relating to safe excavation procedures, including, but not limited to O.C.G.A. § 25-9-1 et sea.• the Georgia Utility Facility Protection Act. Violations of such laws, rules, or orders of the Coyiiriiission by die Company's employees, agents or designees may result in revocation, suspension or other limitation on the Company's certificate of authority and may result in fines assessed on the Company pursuant to O.C.G.A. § 46-2-91. ORDERED FURTHER; that pursuant to O.C.G.A. § 46-5-168(b)(2) the certificate granted herein shall be subject to revocation if the Company fails to notify the Commission of any change in its contact address on file with the Commission, fails to comply with Commission requirements or orders, or violates any applicable taw or Commission rule. ORDERED FURTHER, that all statements of fact, law and regulatory policy contained within the preceding sections of this Order be adopted as findings and conclusions of law and conclusion of regulatory policy of the Commission. ORDERED FURTHER, that jurisdiction over this matter is expressly retained for the purpose of entering such further order or orders as this Commission may deem just and proper. ORDERED FURTHER, that any motion for reconsideration and/or rehearing in this case shall not have the effect of staying this Order of the Commission, except insofar as the Commission may otherwise provide. DOCKET NO. 18273-U Certificate No. X-1064 Page 4 of 5 The above by action of the Commission in Administrative Session on April 20, 2004. -�. Reece McAlister Executive SpZ� � � yeccretary DATE: - ` 0 `T DATE: C —t ` �`0 7 DOCKET NO. 18273-U Certificate No. X-1064 Page 5 of 5 HOME OF'-_` -L7'-' , i STONIP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 13, 2014 FROM: City Manager AGENDA ITEM: Consideration of an Application for the Abandonment of a Portion of Holly Road. MEETING DATE: Monday, March 17, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: WAPPROVED (} NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: HYES (} NO CITY ATTORNEY REVIEW REQUIRED: O YES (9--N-0 APPROVAL BY CITY ATTORNEY ()APPROVED (} NOT APPROVED PLACED ON AGENDA FOR.— REMARKS In Your u,, __ PHONE: 678.242.25001 FAX: 678.242.2499 Green .v t ceaified � [oR )On info@cityofmiltonga.us I www.cityofmiilonga.us " Community I�'�„�; 13000 Deerfield parkway, Suite 107 1 Milton GA 30004 �" To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Director of Public Works Date: Submitted on March 13, 2014 for the March 17, 2014 Regular Council Meeting Agenda Item: Consideration of an Application for the Abandonment of a Portion of Holly Road. ______________________________________________________________________________ Department Recommendation: Accept for further review. Executive Summary: Holly Road is a dead end gravel road located in the southwest quadrant of the city in land lots 999, 946 and 927 of the 2nd district, 2nd section. It is a 60 foot right of way that runs north, northeast from Arnold Mill Road (SR140) approximately 2,620 feet and ends at the property currently operated by the Chadwick Landfill. Currently 1,560 feet of the right of way, as measured from Arnold Mill Road, is maintained by the city. The applicant is requesting that the Holly Road Chadwick Landfill Privatization-Abandonment Page 2 of 2 remaining approximately 1,060 feet of right of way adjacent to their property be abandoned. The portion to be abandoned would only be that portion that enters the applicant’s property and access to all existing homes would remain. Under the current privatization ordinance each application received to abandon or privatize any right-of-way must first receive an initial hearing before the Mayor and City Council to determine whether or not to accept the application for processing. At this meeting the Mayor and City Council may decide to accept the application or deny the application without further discussion. Acceptance of the application by the council does not constitute final approval of the application or the abandonment of the public road or right-of-way, or any portion thereof, it merely allows the application to proceed through the process. At this stage staff has not made a determination of the merits of the application only that it meets the minimum requirements to begin the evaluation. It should be noted that the abandonment of a road or right of way requires that the City Council make a finding of one of the following with respect to the roadway in question: 1. That no substantial public purpose is served by it; or, 2. That its removal from the municipal street system is in the best public interest. If the Mayor and City Council approve the application to move forward it shall be the responsibility of the applicant to prove to the satisfaction of the city that one of these condit ions has been met. The supporting information provided by the applicant will be made available for the Mayor and Council to review prior to the initial public hearing. Funding and Fiscal Impact: N/A Alternatives: Deny the acceptance of the application and maintain the right-of-way as necessary. Legal Review: N/A Concurrent Review: N/A Attachment(s): Application City of Milton Public Works Department Phone (678) 242-2500 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 Application to Abandon a Public Right -of -Way This Application must be filed by a person having the authority to act on behalf of the community. Where a Home Owner Association (HOA) is required by Chapter 48 of the City of Milton Code of ordinances to file the application, it must be submitted by a member of the board authorized to act on behalf of the HOA. Where an HOA is not required by said ordinance to file, the application must be made by a person authorized to act on behalf of the petitioning organization. Section 1: Contact Information Applicant Name: Ll"- S' (Nu�ne of OA or Individual) *' Name: `� k �1 �LC� �,(!� Phone Number: !� Position: U ",t, V4 fit_ Address: J %;✓ Mkt, .,* �'�+-i yj Email L-Ajcj Section 2: Right-of-Wav Information This application is submitted for (check one): &(Abjandonment ❑ Privatization Right -of -Way Name or Subdivision Name: Width of Existing Right -of -Way: 1 Lineal Feet (measured along the centerline) to be Vacated: Section 3: Reason for Abandonment This request for abandonment is being made based on a determination of the following (check one): '0 --That no substantial public purpose is served by the right-of-way; That the removal of the right-of-way from the municipal street system is in the best public interest. a. Please indicate the purpose for which the right-of-way is to be vacated: w-,,-AtI.I b. How is the right-of-way currently being used? City of Milton Public Works Department Phone (678) 242-2500 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 c. How many adjacent property owners will be affected by this request? \,c_. d. How does the property owner propose to use the right-of-way if abandoned? S 'S l � �- e. Are there any public utilities or infrastructure currently located within the right-of-way? Check all that apply: ❑ Cable Television ❑ Electric ❑ Gas ❑ Sanitary Sewer ❑ Stormwater ❑ Telephone ❑ Water ❑ Other, please describe: Section 4: Attachments and Exhibits • Plat of the existing subdivision. If the right-of-way is not located in a platted subdivision then a map or survey should be provided with sufficient detail to demonstrate the location and nature of the right-of- way. • Where a subdivision plat is not required, a list of all affected property owners shall be provided. Section 5: Signature of the Applicant The following signature signifies that all of the information provided on this application is accurate and correct to the best of the applicant's knowledge; and that the applicant has thoroughly read and understands all of the application requirements. In addition, the applicant further certifies that they understand that it shall be the responsibility of the applicant to demonstrate compliance with the above conditions. The applicant is required to submit all necessary and all, costs X (Signature) (Printed Name) ig documentation to establish the factual basis on which this request is made. Any, providing this information is the sole responsibility of the applicant. (Date) City of Milton C,Sµ Public Works Department Phone (678) 242-2500 This completed application form should be sent to: City of Milton Department of Public Works 13000 Deerfield Parkway, Suite 107G Milton, GA 30004 Office Use Only Project Number: Date Application Received: i (A Z-Ck Date Initial Council Consideration: ; 3 0 i -N d Date Initial Public Hearing: Date Final Public Hearing: Petition Verified (WN): Date Complete: 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004