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HomeMy WebLinkAboutAgenda Packet CC - 03/02/2015 - City Council 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 2, 2015 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Brent Deakins, at Reach One 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. 15-049) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the Financial Statements for the Period Ending January, 2015. (Agenda Item No. 15-050) (Stacey Inglis, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 2 , 2015 Page 2 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of a Professional Services Agreement between the City of Milton and ECOFLO, Inc. for Milton’s Household Paint and Chemicals Collections Event (HPCC) on March 7, 2015. (Agenda Item No. 15-051) (Michele McIntosh-Ross, Principal Planner) 3. Approval of a Professional Services Agreement between the City of Milton and Engineering303, LLC for Right of Way and Topographic Survey for the Intersections of Webb Road at Deerfield Parkway and Webb Road at Morris Road. (Agenda Item No. 15-052) (Carter Lucas, Assistant City Manager) 4. Approval of a Professional Services Agreement between the City of Milton and Brumbelow-Reese and Associates, Inc. for a Topographic Survey Along Cogburn Road and at Fire Station #43. (Agenda Item No. 15-053) (Carter Lucas, Assistant City Manager) 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Ms. Fran Ritter, RN, Ms. Lynette Huddle, RN, Mr. Chad Payne and Ms. Kolleen Riddick. (Presented by Councilmember Bill Lusk) 2. Proclamation Recognizing Milton Student Painters, Inc. (Presented by Mayor Joe Lockwood) 7) FIRST PRESENTATION 1. Consideration of an Ordinance to Amend Chapter 4, Alcoholic Beverages. (Agenda Item No. 15-054) (Discussed at December 8, 2014, February 9, 2015 City Council Work Sessions and during Staff Reports at February 18, 2015 Regular City Council Meeting) (Stacey Inglis, Assistant City Manager) 2. Consideration of an Ordinance to Amend Chapter 34, Article II – Regulation of Public Parks – Section 34-22 – Prohibited Acts. (Agenda Item No. 15-055) (Stacey Inglis, Assistant City Manager) 3. Consideration of an Ordinance to Amend Appendix A – Fees and Other Charges. (Agenda Item No. 15-056) (Stacey Inglis, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 2 , 2015 Page 3 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 8) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATION 1. Consideration of the Issuance of an Alcohol Beverage License to Chad Thai, LLC dba Chad Thai, Located at 13087 Highway 9 N., Suite 901, Milton, Georgia 30004. (Agenda Item No. 15-057) (Stacey Inglis, Assistant City Manager) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Consideration of an Agreement for the Acquisition of Realty by the City of Milton from L. Gene Hyde, Comprised of 4.69 Acres Located at Fulton County Tax Parcel No. 22- 5040-0535-038-9; Including all Personalty, Structures, Improvements, Buildings, Fixtures and Appurtenances, at a Purchase Price of $175,000. (Agenda Item No. 15-058) (Ken Jarrard, City Attorney) 2. Consideration of the Reaffirmation of Resolution No. 14-08-310 (A Resolution by the City of Milton Electing to Acquire Providence Park from Fulton County in Accord with O.C.G.A. §36-31-11.1). (Agenda Item No. 15-059) (Chris Lagerbloom, City Manager) 3. Consideration of Providing Future Direction for the Milton Youth Tackle Football Program. (Agenda Item No. 15-060) (Jim Cregge, Parks and Recreation Director) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 1. Discussion of Atlanta Regional Commission Transportation Improvement Program Project Solicitations. (Carter Lucas, Assistant City Manager) 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 15-061) HOME OF MIL r FON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 19, 2015 FROM: City Manager AGENDA ITEM: Approval of the Financial Statements for the Period Ending January, 2015. MEETING DATE: Monday, March 2, 2015 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: O YES y NO CITY ATTORNEY REVIEW REQUIRED: () YES 16 NO APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: D 3 0'2- I15 REMARKS {) NOT APPROVED YauEZ PHONE: 678.242.25001 FAX: 678.242.2499 Green ;«r, w Top fUU infoftityofmiltonga.us I www.cityofmiltonga.us WILDWE Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004'''a�`� To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on February 24, 2015 for the March 2, 2015 Regular Council Meeting Agenda Item: Financial Statements for Period 4 – January 2015 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 6.10% over what is anticipated for the fourth period of the fiscal year. Total expenditures to-date are $5,664,101 and are 4.36% 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 $13,148,344, capital expenditures-to-date total $1,723,903. City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending January 2015 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,852,000 60,984 41,036 19,948 223,082 203,000 20,082 Motor Vehicle Tax 915,000 95,992 76,250 19,742 262,844 228,750 34,094 Intangible Tax 150,000 22,693 12,500 10,193 51,427 37,500 13,927 Real Estate Transfer Tax 75,000 15,061 6,250 8,811 29,020 12,500 16,520 Franchise Fees 1,850,000 252,762 360,000 (107,238) 321,796 402,500 (80,704) Local Option Sales Tax 8,000,000 842,235 666,667 175,568 2,202,553 2,000,000 202,553 Alcohol Beverage Excise Tax 285,000 27,718 23,750 3,968 76,355 71,250 5,105 Business & Occupation Tax 660,000 50,082 49,500 582 105,840 92,400 13,440 Insurance Premium Tax 1,650,000 - - - - - - Financial Institution Tax 33,000 20,473 20,473 - 20,473 20,473 - Penalties & Interest 34,600 2,242 2,875 (633) 11,396 11,500 (104) Alcohol Beverage Licenses 135,000 - - - 143,350 133,650 9,700 Other Non-Business Permits/Licenses 18,100 906 1,342 (436) 7,149 6,467 682 Zoning & Land Disturbance Permits 219,600 34,160 18,300 15,860 42,657 73,200 (30,543) Building Permits 400,000 46,860 33,333 13,526 143,097 133,333 9,764 Intergovernmental Revenue - - - - - - - Other Charges for Service 486,400 49,285 41,942 7,344 166,633 156,767 9,867 Municipal Court Fines 551,000 40,311 45,917 (5,606) 184,508 183,667 841 Interest Earnings 17,500 2,578 1,458 1,120 10,472 5,833 4,639 Contributions & Donations - 1,519 1,519 - 1,719 - 1,719 Other Revenue 23,140 210 1,928 (1,718) 14,716 7,713 7,003 Other Financing Sources 30,900 - - - 11,825 18,492 (6,667) Total Revenues 24,386,240 1,566,071 1,405,040 161,032 4,030,912 3,798,995 231,917 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 166,010 14,347 10,621 3,726 53,195 51,221 1,975 City Clerk 192,358 11,942 15,052 (3,110) 55,028 65,948 (10,919) City Manager 675,067 46,380 50,366 (3,985) 187,951 215,618 (27,667) General Administration 39,414 2,777 3,118 (341) 9,590 13,138 (3,548) Finance 431,244 36,071 37,139 (1,068) 136,658 147,701 (11,043) Legal 230,000 23,399 23,399 - 61,915 61,915 - Information Technology 772,467 67,978 54,803 13,175 318,641 316,687 1,953 Human Resources 323,149 16,722 19,559 (2,837) 82,441 93,436 (10,995) Risk Management 251,855 15,966 15,966 - 65,865 65,865 - General Government Buildings 380,230 31,269 31,686 (417) 132,003 126,743 5,259 Public Information & Marketing 358,730 40,454 34,224 6,231 126,471 135,501 (9,030) Municipal Court 301,471 15,873 23,673 (7,800) 82,691 96,122 (13,431) Police 3,956,660 290,567 289,031 1,536 1,227,928 1,276,171 (48,243) Fire 5,566,535 417,209 407,838 9,370 1,756,397 1,847,680 (91,283) Public Works 1,724,863 100,773 84,926 15,846 466,894 451,331 15,563 Parks & Recreation 950,945 16,026 20,415 (4,389) 422,797 443,846 (21,048) Community Development 978,451 49,381 75,037 (25,656) 285,779 321,419 (35,640) Economic Development 79,941 3,285 3,165 120 12,740 13,013 (273) Debt Service - Capital Lease Payment 184,517 - - - 179,117 179,117 - Operating Transfers to Other Funds 6,645,265 - - - - - - Operating Reserve 177,068 - - - - - - Total expenditures 24,386,240 1,200,419 1,200,018 401 5,664,101 5,922,471 (258,370) Net Income/(Loss)0 365,652 (1,633,189) 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 500$ -$ -$ (1,300)$ Interest Revenues - - 4 (36) Crabapple Fest Sponsor 8,500 - 1,000 (6,500) Earth Day Sponsor 3,500 - - (4,000) Concert Sponsor 12,000 - - (500) Mayor's Run Sponsor 500 1,000 1,000 (1,000) Artisan Farmer's Market Sponsor 18,300 Craft Beer & Wine Festival Sponsor 35,000 Donations/Better World Books - - - - T-shirt Sales - - - - Mayor's Run Reg. Fees 450 - - (1,500) Roundup Food Sales - - - - Total revenues 78,750$ 1,000$ 2,004$ (14,836)$ EXPENDITURES Current: Special Events 123,825$ 279$ 28,515$ 36,580$ Total Expenditures 123,825$ 279$ 28,515$ 36,580$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 40,000$ 4,516$ 15,803$ (19,197)$ Total other financing sources and uses 40,000$ 4,516$ 15,803$ (19,197)$ Net change in fund balances (5,075)$ (10,708)$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2015 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 - 6,356 24,598 24,598 Interest Revenues/State Funds - 2 9 9 Interest Revenues/Federal Funds - 5 20 20 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 6,363$ 24,628$ 24,628$ EXPENDITURES Current: Police 33,000$ 5,149$ 9,832$ 8,168$ Total Expenditures 33,000$ 5,149$ 9,832$ 8,168$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (33,000)$ 14,796$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2015 4 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 800,000$ 129,329$ 199,896$ (600,104)$ Interest Revenue 175 - 66 (134) Total revenues 800,175$ 129,329$ 199,962$ (600,238)$ EXPENDITURES Current: Public Safety 821,000$ 71,872$ 75,807$ 1,041,455$ Total Expenditures 821,000$ 71,872$ 75,807$ 1,041,455$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Total other financing sources and uses 400,000$ -$ -$ -$ Net change in fund balances (420,825)$ 124,155$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2015 5 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 60,000$ 4,516$ 15,803$ (39,197)$ Total revenues 60,000$ 4,516$ 15,803$ (39,197)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ -$ -$ (20,000)$ Transfers out to Special Events Fund 40,000 4,516 15,803 (19,197) Total other financing sources and uses 60,000$ 4,516$ 15,803$ (39,197)$ Net change in fund balances - - City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2015 6 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 70,000$ 13,573$ 13,988$ (56,012)$ Sidewalk Replacement Account - - 3,746 3,746 Crabapple Paving Fee - - - - Traffic Calming - - - - Tree Recompense - - - - Landfill Host Fees 90,000 30,369 30,369 (59,631) HYA Fees - - - Interest Revenue 1,700 - 209 (1,491) Realized Gain or Loss on Investments - - - - Insurance Proceeds/Public Safety - - - - Insurance Proceeds/Public Works - - - - Atlanta HIDTA Stipend - - - - Capital Lease Proceeds - - - - Total revenues 161,700 43,942$ 48,312$ (113,388)$ EXPENDITURES Capital Outlay City Council 300,000$ (350)$ 14,450$ 285,550$ General Admin 50,000 - - 50,000 Finance - - - - IT - - - - Police 2,003,626 148,074 302,388 1,701,238 Fire 1,853,287 13,477 143,278 1,710,009 Public Works 7,460,790 147,888 459,633 7,001,157 Parks & Recreation 1,284,351 79,510 798,660 485,691 Community Development 196,290 2,211 5,493 190,798 Total Capital Outlay 13,148,344$ 390,810$ 1,723,903$ 11,424,441$ Excess of revenues over expenditures (12,986,644) (346,868) (1,675,590) (11,537,829) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 4,065,206$ -$ -$ (4,065,206)$ Transfers in from E-911 Fund 400,000$ Unallocated - - - - Lease Proceeds - - - - Proceeds of Sale of Assets - - - Budgeted Fund Balance - - - - Total other financing sources and uses 4,465,206 - - (4,065,206) Net change in fund balances (8,521,438) (1,675,590) City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2015 7 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)$ GDOT TAP (Big Creek Greenway)188,623 - - (188,623) LMIG Funds 200,000 - 278,684 78,684 GDOT HPP Funds 5,514,052 - - (5,514,052) MARTA Grant 177,355 - - (177,355) SR 9 @ Bethany Bend Grant 17,726 - - (17,726) GDOT-Signage/Landscaping 4,062 - - (4,062) Trail Connection to Big Creek Greenway - - 15,000 15,000 Interest Revenues - - 1 1 Total revenues 6,601,818$ -$ 293,685$ (6,308,133)$ EXPENDITURES Capital Outlay Unallocated -$ -$ -$ -$ Public Safety - - Public Works 7,310,029$ 2,273$ 1,800,389$ 5,509,640$ Community Development 5,119 - - 5,119 Total Capital Outlay 7,315,148$ 2,273$ 1,800,389$ 5,514,759$ Excess of revenues over expenditures (713,330) (2,273) (1,506,704) (793,374) OTHER FINANCING SOURCES (USES) Transfers in to General Fund 600,180$ -$ -$ 600,180$ Total other financing sources and uses 600,180$ -$ -$ 600,180$ Net change in fund balances (113,150) (1,506,704) City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2015 8 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Interest Revenues - - 91 91 Contributions & Donations 100,000 - - (100,000) Total revenues 100,000$ -$ 91$ (99,909)$ EXPENDITURES Capital Outlay General Government Buildings 3,133,611$ 72$ 72$ 3,133,539$ Parks & Recreation 9,439,124 413,013 1,623,539 7,815,585 Bond Principal 535,000 Bond Interest 300,000 - - 300,000 Total Capital Outlay 13,407,735$ 413,085$ 1,623,611$ 11,784,124$ Excess of revenues over expenditures (13,307,735) (413,085) (1,623,520) 11,684,215 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 1,979,879$ -$ -$ (1,979,879)$ Revenue Bond Proceeds 9,600,000 - - 9,600,000 Total other financing sources and uses 11,579,879$ -$ -$ 7,620,121$ Net change in fund balances (1,727,856) (1,623,520) City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2015 9 ILM HOME OF ' LTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 23, 2015 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and ECOFLO, Inc. for Milton's Household Paint and Chemicals Collections Event (HPCC) on March 7, 2015. MEETING DATE: Monday, March 2, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED O NOT APPROVED CITYATTORNEY APPROVAL REQUIRED: L1(I) YES () NO CITY ATTORNEY REVIEW REQUIRED: K YES O NO APPROVAL BY CITY ATTORNEY APPROVED O NOT APPROVED PLACED ON AGENDA FOR: 0,3 O 2 - REMARKS REMARKS ® Your ** PHONE: 678.242.25001FAX: 67$.242.2499 Gi+een '� *l:crzitiei* ioP,uu info4cityofmiltongmus � www.cityofmiltonga.us COrnrnunitY 311 Ethics + 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 '- ''��� To: Honorable Mayor and City Council Members From: Michele McIntosh-Ross, Principal Planner Date: Submitted on February 20, 2015 for the March 2, 2015 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and ECOFLO, Inc. for Milton’s Household Paint and Chemicals Collections Event (HPCC) on March 7, 2015. ______________________________________________________________________________ Department Recommendation: Staff is recommending approval of the Professional Services Agreement. Executive Summary: This agreement is to provide services for a one day Household Paint and Chemical collection event to collect and properly dispose of paint, chemicals and other hazardous materials from Milton residents. The budget should allow us to serve over 250 Milton residents and the event will be managed by use of a pre-registration process to pre-qualify residency and determine quantities. Funding and Fiscal Impact: This event has been budgeted for $12,000 including advertising and miscellaneous fees (cost of dumpster and signage) within the FY2015 budget. Alternatives: N/A Legal Review: Paul Higbee – Jarrard & Davis (February 20, 2015) Concurrent Review: Chris Lagerbloom, City Manager Kathleen Field, Community Development Director Attachment(s): Professional Services Agreement �QME QF 1 V l LTO esr.�sIisiifF 77 PROFESSIONAL SERVICES AGREEMENT — SHORT FORM Household Paint and Chemicals Collections Event (HPCQ This Professional Services Agreement (the "Agreement") is made and entered into this 11 day of February 2015 by and between the CITY OF MILTON GEORGIA (hereinafter referred to as the "City"), and ECOFLO. Inc. (hereinafter referred to as the "Contractor"). WITNESSETH THAT: WHEREAS, the City desires to employ a Contractor to perform the services described herein (the "Work"); and WHEREAS, Contractor has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A WORK DESCRIPTION EXHIBIT B INSURANCE CERTIFICATE EXHIBIT C CONSULTANT AFFIDAVIT AND AGREEMENT EXHIBIT D SUBCONTRACTOR 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. Section 2. The Work: Contractor shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Contractor's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as "Household paint and chemicals collections event (commonly referred to as a household hazardous waste collection event) at Bell Memorial Park located in the City of Milton." Section 3. Contract Time: Contractor understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on a date to be specified on a written "Notice to Proceed" from the City and shall fully complete the Work on the date specified. Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Cam enation and Method of Payment. City agrees to pay Contractor for the services performed and costs incurred by Contractor 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 Contractor upon the City's Page 1 of 5 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 [ S 11.7501 (the "Contract Price"), except as outlined in Section 4 above. 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 principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. Section 6. Covenants of Consultant A. Assignment of A reement; Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Rqm)onsibility of Consultant and Indemnification of City: Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Contractor shall bear all losses and damages directly resulting to it on account of the negligent performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, fines, penalties, and expenses, including but not limited to, reasonable attorney's fees, which are the result of willful or negligent acts, or tortious conduct to the extent arising out of the negligent performance of contracted services, or operations by Contractor, any sub -consultant, anyone directly employed by Contractor or sub -consultant or anyone for whose negligent acts Contractor or sub -consultant may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. C. Inde ndent Consultant: Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent Contractor, not as agent or employee of City. Inasmuch as City and Contractor are parties 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 by both parties. Contractor agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit B. E. Licenses Certifications and Permits: Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Contractor shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. Contractor understands that the Page 2 of 5 Work includes the proper handling, transportation, and recycling or disposal of hazardous wastes and materials, and Contractor warrants that it is expertly familiar with and agrees to comply with all applicable federal, state, and local laws and regulations in the performance of the Work. F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Contractor agrees to execute any additional documents necessary to evidence such assignment. G. Contractor's Representative: IKenneth Wcbbl shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative. H. 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 sub- contractors, consultants, and/or staff to likewise protect such confidential information. Meetings: Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Standard of Care: In providing services under this Agreement, the Contractor shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Section S. Termination The City may terminate this Agreement for convenience at any time upon written notice to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law,. This Agreement shall be governed by the laws of the State of Georgia. B. Counterparts, This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. Sovereign Immunit. 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. D. E -Verify Affidavits. 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 Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" (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. § 16-14-71), that it and Contractor'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 Page 3 of 5 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 "C", 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 (IBCA), 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 Consultant 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 "D", 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 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.] 500 or more employees. 100 or more employees. x 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 subcontractor is 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. E. NondiscriminatIn 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, Page 4 of 5 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, Contractor, 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 disability, In addition, Contractor 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON THE FOLLOW WG PAGE] Page 5 of 5 [FCOFLO. Inca C� tX Signature; Printed Name: Charles Witzke Title: CFO [AFFIX CORPORATE SEAL] CITY OF MILTON, GEORGIA Joe Lockwood, Mayor Page 6 of 5 Exhibit "A" Work Description Request for Proposal and Response MIZardOUs Waste RFP 2015. df Bid res onsesTCOFLO Response to City or Milton. GA HHW Event 3015. dt' OF &A I I i ( ) I't.- REQUEST FOR WRITTEN BIDS FOR Household Paint and Chemicals Collections Event (HPCC) CITY OF MILTON, GEORGIA City of Milton, Georgia requests qualified individuals and firms with experience in household hazardous waste events to submit a cost proposal for a household paint and chemicals collections event (commonly referred to as a household hazardous waste collection event) that will be held on Saturday February 28 or March 7, 2015 at Cambridge High School located in the City of Milton. It will include services to collect, handle, pack, lawfully transport, recycle, reuse, treat, and/or dispose (at a permitted disposal facility) household hazardous waste (HHW) material for the City of Milton, Georgia. Emailed responses to niichele.mcintosh@cityofmiltonga.us will be received no later than 5:00 PM Local Time on Monday February 2, 2015. City of Milton reserves the right to cancel or reject any and all proposals and to waive any technicalities or irregularities, and to award the contract based on the highest evaluation and in best interest of the City of Milton. I. INTRODUCTION Household Hazardous Waste (HHW) Defined as hazardous by 40 CFR part 261 and regulated as hazardous waste by the United States Environmental Protection Agency (EPA) under Subtitle D to the Resource Conservation and Recovery Act (RCRA) of 1976, 42 U.S.C.SS 6901 et seq., as amended by the Hazardous and Solid Waste Amendments of 1984, the Toxic Substance Control Act, 15, U.S.C. 9601 et seq., as amended by the Superfund Amendments and Reauthorization Act of 1986, or any other federal statute or regulation governing the treatment, storage, handling, or disposal of waste, materials or substances which impose special handling or disposal requirements similar to those required by Subtitle C of RCRA; or A substance that is either found on one of several lists of hazardous wastes in the federal regulations or exhibits one of the four following hazardous waste characteristics: corrosivity (damaging to living tissue); ignitable (catches fire under certain conditions); toxic (causing injury or death if eaten or swallowed); or reactive (capable of causing an explosion). City of Milton desires to offer a program for the collection, packaging, lawful transportation, recycling, reuse, treatment, and/or disposal (at a permitted facility) of household hazardous waste (HHW) materials as defined herein from residents throughout the City of Milton. It is believed that the disposal of HHW in municipal solids waste (MSW) landfills, sewers, septic systems, groundwater or other environmentally inappropriate sites Poses a potential threat to the public health and safety. The purpose of the HPCC collection program is three -fold: 1. To increase the public's awareness as to what constitutes HHW and potential dangers with improper disposal of these wastes, 2. To educate the public on recycling, reusing, treating, and/or disposing (at a permitted facility) HHW, and 3. To provide for the safe collection, handling, packing, lawful transportation, recycling, reuse, treatment, and/or disposal (at a permitted facility) of as much HHW as may be collected at the time of the event based on budget and participation. The collection event is planned to occur at Cambridge High School, 2845 Bethany Bend Milton, GA, 30004 on Saturday February 28 or March 7, 2015; 9:00 AM - 1:00 PM. The facility has convenient access for citizens bringing HHW for recycling, reuse, treatment, or disposal at a RCRA approved disposal facility. The site will provide controlled access to the general public and will provide sufficiently paved area for staging vehicles bringing the material and for having multiple moving lines to an area where the material can be removed for analysis, inventory, and appropriate handling by the Contractor. Residents and householders of the City of Milton will be permitted to deliver HHW between the hours of 9:00 AM to 1:00 PM. The City of Milton reserves the right to change the collection site location provided at least fifteen (15) days written notice prior to the scheduled date is provided to the Contractor. II. SCOPE OF WORK A. Tasks I. The Contractor shall manage all HHW delivered to the site by the general public. This includes providing an appropriate number of qualified chemists, technicians and appropriate staff to lawfully receive, identify, sort, package, label, load and transport waste received, as well as, enough general labor to expedite receiving materials during the event. Other events suggest that a staff capable of unloading 2 vehicles at a time (at a minimum) is needed as participants should remain in their vehicles. Responsibilities shall include, without limitation, the unloading of HHW from the general public's vehicles, identifying the materials delivered, inventorying each item, packaging the material for safe transportation and storage, manifesting the HHW and loading the material onto Contractor vehicles for ultimate processing through recycling, reuse, treatment, and/ or disposal at a RCRA approved disposal facility. 2. The Contractor shall be the "generator" of the HHW from the standpoint of the United States Environmental Protection Agency (EPA) and the Georgia Department of Natural Resources Environmental Protection Division (GA-EPD). The Contractor shall comply with all municipal, state and federal regulations and laws, ordinances, rules and regulations. The Contractor shall obtain, at his own expense, all permits and licenses required by federal, state, or local law or ordinance, rule or regulation and maintain same in full force and effect. Waste acceptance, ownership and responsibility for necessary handling, packing, lawful transportation, storage, recycling, beneficial reuse, treatment, and/or disposal of wastes received at the collection site shall pass to the Contractor from the party delivering the acceptable waste at the time that party delivers to the collection event; 3. Contractor must offer for each material accepted (when applicable): First -Recycle Second -Fuel blend or reuse Third -Treatment Fourth-RCRA incineration Last Option- Land disposal B. Mobilization 1. The Contractor shall assemble all of the necessary personnel and equipment on the site of the collection effort no later than 8:00 a.m. on the day of the collection, so as to be ready to begin the processing of the vehicles bringing HHW promptly at 9:00 a.m. C. Site Operations 1. The Contractor shall be responsible for all site operations from the point where the general public vehicles containing the HHW move to the unloading area until the general public vehicles leave the unloading area. Upon arrival at the collection point the Contractor personnel, upon permission, shall open the doors of the vehicle and remove the HHW. 2. The Contractor shall have sufficient personnel to promptly handle at least two (2) vehicles at one time, leaving any non -acceptable materials in each vehicle and taking the acceptable materials to an area established for positive identification. 3. The collection day will be terminated at 1:00 p.m. or sooner at the direction of the Community Development Director, or her designee, at which time the public will not be allowed to enter the collection area. 4. The HHW Contractor will monitor the intake of materials and estimate the volume and costs during the event to ensure compliance with the budget. 5. At the end of the collection event, the Contractor shall provide to the City of Milton an estimated total weight for all HHW collected from residents/households. 6. The Contractor shall load all collected material into trucks, clean-up and stow all equipment at the end of the collection event. The Contractor shall ensure that nothing is left behind from the collection effort and shall ensure that the site is in as good or better condition in all respects than it was prior to set-up and preparation for the collection event. 7. The Contractor shall meet with the Community Development Director, or her designee on-site to ensure that the site is fully restored to its original condition. No vehicles or equipment shall remain at the collection site overnight after the day of collection. D. Handling, Packaging, Transportation, Reuse, Recycling, Treating and/or Disposal: 1. Contractor shall provide all equipment, staff and materials necessary for the efficient collection and handling of all acceptable wastes received, and shall at all times operate the Collection Site and it Facilities in accordance with Applicable Law. 2. Contractor shall be responsible for lawful transportation, recycling, beneficial reuse, fuel blend, treatment, storage and/or disposal of all wastes received at the collection site and must follow all local, district, state, and federal regulations with regard to all disposal methods; 3. Contractor must provide documentation of where material will be disposed including location, ID and contact person; 4. All third party disposal companies must be insured by the primary Contractor; 5. Contractor shall be responsible for all costs and liabilities associated with a spill or accident if it occurs during loading and transition to the treatment center; 6. Contractor shall work under the immediate supervision of the City of Milton; 7. The Contractor shall provide written documentation (i.e., recycling certificate or other tracking documentation) of the ultimate reuse, recycling, treatment, and/or permitted approved disposal facilities, for HHW collected at the collection event. The Contractor shall also verify that all hazardous substances collected are disposed in a manner that constitutes strict adherence with EPA regulations. 8. In the unanticipated event any residual materials are left at the collection site after the event, Contractor agrees to pick up and dispose of materials properly. E. Recordkeeping, Administration and Reporting; 1. Contractor shall add the City of Milton and employees as additionally insured with waiver of subrogation for workers compensation; 2. Contractor shall provide an invoice for the event within three days after the collection. 3. Contractor shall complete and submit the "Record of Operations" within fifteen (15) calendar days after the event date which shall provide a summary of routine and extraordinary activities during the collection event. Final payment will be contingent on receipt and approval of this document 4. The site report shall include, but is not limited to the following: a) The quantities in units and number of drums of all waste received itemized by the waste type as listed in Attachment A. Drum counts shall indicate the packing method (i.e., loose packed, Lab -Packed, or bulked) and Recycling, Beneficial Reuse or Disposal method for each drum. • Lab -Packed drums shall indicate: i. The actual weight of waste contained in each drum, ii. The average weight of waste per drum for each waste type, and iii. The cumulative average weight of waste per drum for each waste type. b) A report of the complaints received by the Contractor in connection with the Contractor's operations under the Contract, with a summary of the Contractor's response to the complaints, if any. c) An account of any extraordinary occurrences, accidents, or emergencies that arose during the collection event. F. City of Milton furnished property/services City of Milton will furnish traffic control barriers and additional personnel at the collection site to assist with the event. Before a vehicle reaches the unloading area, volunteers provided by the City of Milton, will check residency requirements and direct the resident to the proper unloading area. Additionally, City of Milton volunteers will distribute any educational and promotional items. Organization and monitoring of volunteer personnel will be the responsibility of the City of Milton. The City of Milton will provide signage to direct traffic to the site, site location, and scheduling. Residents will pre -register for the collection to ensure residency and to estimate HHW quantities. The City of Milton shall also notify the appropriate emergency response teams before the collection event. III. Indemnity and Insurance The Contractor is an independent Contractor. The Contractor, its officers, agents or employees are not considered employees of the City of Milton for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a City of Milton employee under state of local law. 2. The City of Milton assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by or on behalf of the Contractor, its employees and/or others by reason of the Contract. The Contractor shall protect, indemnify and hold harmless the City of Milton and its officers, agent and employees for and against any and all claims, costs and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits or taxes; and/or (2) the supplying to the Contractor of work, services, materials, and/or supplies by Contractor employees or other suppliers in connection with or in support of the performance of the Contract. 3. The Contractor further agrees that it is financially responsible for and will repay the City of Milton all indicated amounts following an audit examination on which reveals errors due to the negligence, intentional act and/or failure for any reason to comply with the terms of the Contract by the Contractor, it officers, employees, agents and/or representative. The Contractor shall protect, defend, indemnify, and hold harmless the City of Milton, its officers, employees and agents from any and all costs, claims, judgments and/or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the Contractor, its officers, employees, and/or agents. The Contractor agrees that its obligations under this subparagraph extent to any claim, demand, and/or cause of action brought by or on behalf of any employees or agents. 4. Contractor shall procure and maintain for the entire duration of the event insurance against claims for injuries to persons or damages to property that may arise from, or in connection with, the performance of work hereunder by the Contractor, its agents, representatives, employees, and/or Sub -contractors. The Contractor or Sub- contractor shall pay the cost of such insurance. The Contractor may furnish separate certificates of insurance and policy endorsements for each Sub -contractor as evidence of compliance with the insurance requirements of the Contract. Contractor shall provide a copy of public Liability Insurance covering the period of its occupancy and uses of the premises, obtained from a responsible insurance company legally licensed and authorized to transact business in the State of Georgia, with limits of not less than $1,000,000.00 for all damages arising out of bodily injuries or death of two or more persons in any one accident, and a limit of not less than $2,000,000.00 for all damages to or destruction of property in any one accident. This public liability policy shall insure the City and the Licensee against any liability, damage, claim or demand in any way arising out of or in connection with Licensee's occupancy or use of the premises under this agreement. Licensee shall furnish the City with a copy of the policy and evidence of full payment of the premium thereon prior to occupancy and use of the premises, and said policy shall have a clause showing that the insurance is in force and cannot be cancelled prior to the occupancy and use of the premises by the Licensee in the absence of written notice by the insurer to the City prior to the occupancy and use of the premises. IV. RESPONSE FORMAT Responders are required to submit their price quote and supporting materials in the following 5 page format. PAGE 1. Qualifications and Experience • State the point of contact person for event. • Provide a brief description of the firm. and its specific expertise in HHW projects. The contractor shall demonstrate that it has substantial expertise in all areas relating to the collection, handling, packing, lawfully transporting, recycling, reusing, treating, and/or disposal at an approved facility of HHW. *List three references of similar HHW events it was employed to conduct within the last 5 years, with contact information for the program manager. PAGE 2. Event Process and Procedures • Provide a narrative of the process and procedures describing the method of handling the HHW at the site and how the various items of HHW accepted will be inventoried and manifested. Include a typical event set up plan. PAGE 3-4. Contingency and Safety Plan • Provide a Contingency PIan to include the following elements: a. Describe provisions for the prevention of environmental contamination, the management and cleanup necessary, the prevention of explosions, fire or the release of toxic or hazardous substances. Include provisions on protecting storm water drains. b. Describe how the following will be handled: unknown wastes, inclement weather, spills of hazardous waste and accidents. c. Provide a typical or generic site health and safety plan. Designate a Health and Safety Officer to oversee the Health and Safety Plan. d. List all the emergency equipment and supplies proposed to bring to or provide at the site; list the names and telephone numbers of local emergency agencies, and the City of Milton, and federal agencies that must be contacted in the event of a fire, spill or other release at the collection site. e. List all of the equipment and/or supplies the contractor requires or expects the City of Milton, and other public and private agencies to bring to or provide at the sites. f. Describe provisions for material that could be dropped off after the closure of the event. PAGE 5. Cost Proposal • Contractor must provide pricing of the quantities set forth on the "Cost Proposal Form' (Attachment A). Event costs shall not exceed the budgeted amount of $11,000. A. Expenses of Preparing Responses to this RFP The City of Milton accepts no responsibility for any expenses incurred by the responders to this RFP. Such expenses are to be borne exclusively by the responders. All information submitted in your response to this RFQ shall be subject to the Georgia Open Records Act and shall not be deemed to be confidential unless otherwise stated in the submission by reference to specific provisions that apply as specific exceptions to the Open Records Act. V. EVALUATION CRITERIA 25% Qualifications and Experience (Pages 1 of Response Format) 25% Event Process and Procedures (Page 2 of Response Format) 25% Contingency and Safety Plan (Page 3-4 of Response Format) 25% Cost Proposal (Page 5 of Response Format) THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS AND TO WAIVE INFORMALITIES. Attachment A Cost Proposal Form Household Hazardous Waste & Paint Collection City of Milton **Primary Estimated Method of Quantity ***Price/ Item Waste Description Disposal in Pounds Pound 1 Base Oil based paint, stains, thinners and paint strippers, solvents and varnishes, wood preservatives I a Aero -1/-- —aim 2 Latex and water based—paints 3 Mercury Mercury salts and elemental mercury thermometers, thermostats, and other --mercury containing items 3a Fluorescent bulbs and ballasts 4 Lawn care products Poisons, insecticides, weed killer and pesticides, Aerosol/spray pesticides 5 Automotive Products Engine Degreaser, Brake Fluid, Transmission Fluid, etc. 6 Cleaners, Corrosives, Spot Removers, Acids and Bases 6a Oxidizers 7 Flammables Lighter Fluid and Waste Fuels (As Kerosene, Gasoline, Diesel, etc.) 8 Batteries Household and Rechargeable 9 Mobilization charges, including all labor, equipment, supplies, insurance and/or additional charees. Total Price Attach appropriate supporting documentation 9,200 500 50 200 2,000 200 600 200 500 150 $ Total Price **Primary method of disposal (i.e. recycle, reuse/fuel blend, incineration, landfill ***Collection, handling, transportation, and disposal. Actual price will be actual quantities times "Price per pound" Company Signature Date Name and Title of Person authorized to sign — raty ECOFLO, Inc. 2750 Patterson St. Greensboro, NC 27407 February 2, 2015 of Milton Response to City of Milton# 14-CD01 Household Paint and Chemical Collection Event ECOFLO, Inc. Point of Contact: 2750 Patterson Street Kenneth Webb — VP, Field Services Greensboro, NC 27407 Direct Phone: 336.617.2733 Phone: 336.855.7925 Cell Phone: 336.324.6789 Company Profile - Founded in 1982, ECOFLO, Inc. is in the business of providing industrial and hazardous waste -related services to a broad cross-section of clients including Fortune 500 companies, small businesses, municipalities, school systems and federal agencies. ECOFLO has been involved with the collection of household hazardous waste since 1994 when it established a permanent HHW collection site for the City of Greensboro. Since then, ECOFLO has contracted to operate multiple permanent collection facilities such as Mecklenburg County, NC (Charlotte), Wake County, NC (Raleigh), the City of Greensboro, NC, for operational and disposal services at their permanent collection sites. In addition, ECOFLO has managed numerous one -day events for municipalities, as well as private companies conducting events for their employees and/or their local community. Resources for the City of Milton will be provided out of ECOFLO's RCRA, Part -B permitted facility in Greensboro, NC as well as ECOFLO's Non -Hazardous facility in Americus, GA. ECOFLO's facility in Greensboro (EPA ID# NCD980842132), which serves as its headquarters, is a fully permitted Treatment, Storage, and Disposal facility used for storage and consolidation of smaller amounts of waste into larger, easier to manage, and more economical to dispose quantities. Select HHW References Municipality/ Location Description Point of Contact Phone# Dunwoody, GA Event Rebecca Keefer (678) 382- 6811 Wake County, NC Events and Collection Sites (2) Lowell Shaw (919) 856- 6201 Mecklenburg County, NC Collection Sites (4) Steve Hoffman (704) 336- 5371 City of Greensboro, NC Events and Collection Site Eddie Raynard (336) 373- 7971 York County, SC Events Arthur Lignon (803) 628- 3195 ECOFLO personnel will arrive on-site approximately 1-2 hours prior to the start of the event and will determine if inclement weather procedures need to be implemented. ECOFLO will unload the equipment and supplies to be used during the event including setting up spill containment and spill countermeasures supplies. The Project Manager will determine the most strategic, efficient, and effective locations for spill prevention and response equipment, ECOFLO personnel will set up collection and segregation stations and position supplies. The Project Manager will notify the appropriate City of Milton representative when ECOFLO is ready to accept event participants. ECOFLO recommends a Greeter to be placed at a location to direct cars as they enter the final unloading area. Unloaders are the first to approach an automobile and will unload materials with rolling carts (with spill containment) to a segregation table. Chemists and Technicians will segregate items by hazard class and determine best method for handling (bulking or loose packing). Loose -packing chemicals by hazard class is the preferred method for most HHW material as it maintains a steady unloading pace. Items requiring further identification will be fingerprinted by the Chemist with field test kits for proper packaging. ECOFLO will provide continuous contact with City of Milton personnel regarding any waste collection questions or concerns. ECOFLO will closely monitor the participant volume as well as the container volume to make sure that the event remains within the parameters of the approved. Approximately one hour prior to the conclusion of the event ECOFLO personnel will begin to load any materials already prepared for shipping. Upon the closure of the event ECOFLO will continue to process and load collected materials for shipping. ECOFLO will contact the appropriate City of Milton representative to determine if any additional materials have been dropped off (see Page 4). When all materials have been collected and packaged, ECOFLO personnel will begin to break -down the collection and segregation equipment and supplies. ECOFLO personnel will then remove secondary containment equipment and clean the area. The ECOFLO site chemist will prepare shipping paperwork and upon completion will contact the City of Milton representative to provide copies of the shipping documents and get a proper signature for the manifest. ECOFLO personnel will inspect the site for any additional housekeepine needs prior to leavinLa the ritP Household Hazardous Waste Contingency Plan ECOFLO spy rn. �:a•a de a rir. wnpweA a. Containment carts (laboratory type) will be utilized during the unloading process when leaking containers are first noticed. Pour up or overpacking items in larger containers is the solution for those items that are posing a threat to leakage. In addition, rags and absorbent material are readily available near all unloading carts as well as on the segregation table. Storm drains are protected when slopes at the collection pose threat with a combination of oil dry bags (filled with clay absorbent) and plastic. If possible, any area with storm drains will be avoided as a site for handling HMW Collection. b. ECOFLO will manage continue to collect HHW during rain; however, if severe weather including tornadoes or lightning threaten safety, safe havens will be determined for egress. Spills that are caused by ECOFLO personnel will be the responsibility of ECOFLO to clean up. All clean up media and equipment will be available on site during the HHW Collection Event. If a material appears to differ from the description provided by the resident, the container will be set aside from other materials. ECOFLO will perform sampling and simple analysis for pH, compatibility, and water solubility. The compatibility test is only performed if deemed necessary and if the waste is to be consolidated at the HHW collection site. If a waste cannot be identified using resident knowledge, visual inspection, and simple testing, ECOFLO's Field Chemists will perform field analysis to determine the DOT classifications. Spill Prevention Plastic sheeting is placed under all working areas where spills are likely to occur. All bulk containers will be fully lined to prevent leakage, including non -hazardous containers. Spill prevention shall also constitute careful chemist/technician observation of all collection, identification, packaging, and loading steps. Spill Control Absorbent pillows and powder will be stationed at each collection and segregation point. A spill station will be stocked and strategically placed in order to minimize travel of the spill and allow for the most immediate response, including quick access to cover/ dike storm drains. In the unlikely event of a spill, sufficient equipment is on -hand including but not limited to: 1) Hazorb spill pillows and booms; 5) Non -sparking shovels; 2) 3M petroleum only booms; 6) Mercury spill kit; 3) Oil dry; 7) Brooms; and 4) Hazorb bulk acid/ caustic neutralizer; 8) Shovels. It shall be the responsibility of the Site Project Manager on duty at the time of the spill incident to report immediately, by telephone or in person to the following persons: 1) Primary Contact Kenn Webb — Project Manager Home Phone: (336) 348-1660; Office Phone: (336) 855-7925; Cell: (336) 324-6789 Household Hazardous Waste Contingency Plan FrnFLO Fayyg TM Hea,e Out drrrr �• Emergency Contacts —City of Milton 2) Fire Dept. & Rescue Squad: 911 or 770-740-2422 (15240 Thompson Rd., Milton, GA) Police: 911 or 770-297-6300 option 1 (Non -Emergency) Hospital/ EMT: 770-751-2500 (North Fulton) If a spill has occurs, the following agencies may be notified, but is usually not required for HHW material: • GA Environmental Protection Div. • National Response Center Phone: 1-888-373-5947 Phone: (800) 424-880 Any material that is the result of a spill at the site will be treated, stored, or disposed of in accordance with this plan. Leaking containers will be emptied or overpacked immediately upon their discovery and will not be reused. All areas that have been impacted by the spill will be closed until the affected area has been cleaned up. c. See Appendix for Typical Health and Safety Plan (HASP). A site specific plan will be developed for the City of Milton upon award of project. This will include assignments specific to Health and Safety Officer for the collection project. All project HASP's completed by ECOFLO are under the review of Ray Dudley — Manager, Compliance Health & Safety. d. Supplies that ECOFLO will provide to include the following: Fork lift Canopy Trucks with full size lift gates Palletjack Drum dollies Fire extinguishers First aid kits Emergency Shower Tyvek coveralls Chemical resistant gloves Safety glasses/goggles Absorbent booms Neutralizers Vermiculite 85 gallon overpacks 30 gallon fiber drums 5 gallon plastic pails Cubic yard boxes Eye washes Full -face respirators Leather gloves Shovels and brooms Oil dry Spill pads Plastic sheets Toolbox 55 gallon steel drums Lab pack containers 2 cubic feet fiber drums Box liners Labels Unknown testing kits *Note: ECOFLO will provide Scales for weighing material prior to shipment off site. (see Page 6) e. Other than to support traffic control and provide any specific surveys that are required by City of Milton, ECOFLO does not require any materials or supplies to be provided by City of local personnel for the HHW Collection. f. With trucks in the area of Milton on a weekly basis, any return for "late drop off" will be coordinated at the convenience of Milton personnel. Disposal rates will apply with no charge on mobilization for up to two return trips. Further trips, if necessary, will be negotiated for mobilization rates. Attachment A Cost Proposal Form Household Hazardous Waste & Paint Collection Citv of Milton "Primary Estimated Method of Quantit ***Price/ Item Waste Description Dis oral in Pounds Pound $ Total Price 1 Base Oil based paint, stains, thinners and paint Fuel Blend strippers, solvents and varnishes, wood$0.25 9,200 $2,300.00 preservatives la Aerosols ra aintFue B en 500 0.75 $375.00 2 Latex and water based paints Rei c e 6,000 0.20 $1,200.00 3 Mercury Mercury salts and elemental mercury Retort $2.00 thermometers, thermostats, and other so $100.00 mercury containing items 3a Fluorescent bulbs and ballasts Recycle 200 $0.75 $150.00 4 Lawn care products Poisons, insecticides, weed killer and Incineration 2,000 $0,75 $1,500.00 pesticides, Aerosol/spray pesticides 5 Automotive Products Engine Degreaser, Brake Fluid, Fuel Blend 200 $0,25 $50.00 Transmission Fluid, etc. 6 Cleaners, Corrosives, Spot Removers, Acids and Bases Neutralization 600 =0.75$150.00 6a Oxidizers Incineration 200 7 Flammables Lighter Fluid and Waste Fuels (As Fuel Blend 500 $0 50 $250,00 Kerosene, Gasoline, Diesel, etc.) 8 Batteries Household and Rechargeable Recycle 150 $0.50 $75.00 9 Mobilization charges, including all labor, equipment, supplies, insurance and/or additional char es. 3,670.00 Total Price $9,970.00 Attach appropriate supporting documentation **Primary method of disposal (i.e. recycle, reuse/fuel blend, incineration, landfill ***Collection, handling, transportation, and disposal. Actual price will be actual quantities times "Price per pound" 1 ECOFLO, Inc. Charlie Witzke, CFO Company Name and Title of Person authorized to sign Signature January 30, 2015 Date Exhibit "B" Insurance Certificate ®®Named Insured: ECOFLO Holding, Inc. A �® CERTIFICATE OF LIABILITY INSURANCEPage 1 of 2 02//17/DATE/17/2015 ar17/D2001515 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLYAND 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(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). INSURED Willis Of Maryland, Inc. c/o 26 Century Blvd. P' O. Box 305191 Nashville, TN 37230-5191 6COFLO Holding, Inc. ECOFLO Inc, ECOFLO Southeast, Inc. Ecoflo Logistics, LLC, Scoflo Field Services, LLC, 2750 Patterson Street Greensboro, NC 27407 PHONE FAX raa�c INSURER(S)AFFORDING COVERAGE NAIC # INSURERA:Greenwich Insurance Company 22322-001 INSURERB:XL Specialty Insurance Company 37885-650 INSURERC:XL Specialty Insurance Company 37885-001 INSURER D: AUTOMOBILE INSURER E: INSURER F: 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. iNSRDL SUB LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP mummyyy LIMITS A [X�� MMERCIAL GENERAL LIABILITY GEC000514415 12/31/201412/31/201 EACHOCGURRENCE $ 1.000.00 CLAIMS -MADE OCCUR I - R�( i C3 'E TE.D , B E UMBRELLALIAB X OCCUR UEC000514915 EXCESS LIAR CLAIMS -MADE DEO RETENTION $ C WORKERS COMPENSATEON 9PEC000515015 AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE� NIA OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCdasmbe under RIPTION OF OPERATIONS below A Contractor Pollution Legal Liability 051461 31/201412/31/201EACHOCCURRENCE AGGREGATE /31/2014112/31/20 F.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE -POLICY LIMIT $ 500,000 4 12/31/201 $5,000,000 Bach Claim including Defense coats $10,000,000 Aggregate DESCRIPTION OF OPERATIONS ! LOCATIONS J YEHlCLES (ACORD 1011, Addito..I Remarks Scheduis, may ba attache_d' F mpre space is required) THIS CERTIFICATE VOIDS AND REPLACES THE PREVIOUSLY ISSUED CERTIFICATE. 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. City Of Milton Georgia AUTHORIZED REPRESENTATIVE Attn: City Manager 13000 Deerfield Pky, Ste 107F Milton, GA 30004 'J C011:4627312 Tp1:1906906 Cert:22 81448 1988-2014ACORDCORPORATION. All rightsreserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD G£N'L AGGREGATE LIMIT APPLIES PER: L] SERO-LOC-COMPIOPAGG $ 1 000 000 GGREGATE $ $ 000 000POLICY $ 2 000 OOOOTHER:A AUTOMOBILE LIABILITY ANY AUTOURY(Perperson)$ALLOWNEp A8C000514515 12/31/201412/31/201 gERSO&ADVINJURY SINGLELIMET $ 1,000,000X SCHEDULEDAUTOS AUTOS HIREDAUTOS NON -OWNED URY(Per2wdent) $ PRnfJCRTV naarer_r= B E UMBRELLALIAB X OCCUR UEC000514915 EXCESS LIAR CLAIMS -MADE DEO RETENTION $ C WORKERS COMPENSATEON 9PEC000515015 AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE� NIA OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCdasmbe under RIPTION OF OPERATIONS below A Contractor Pollution Legal Liability 051461 31/201412/31/201EACHOCCURRENCE AGGREGATE /31/2014112/31/20 F.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE -POLICY LIMIT $ 500,000 4 12/31/201 $5,000,000 Bach Claim including Defense coats $10,000,000 Aggregate DESCRIPTION OF OPERATIONS ! LOCATIONS J YEHlCLES (ACORD 1011, Addito..I Remarks Scheduis, may ba attache_d' F mpre space is required) THIS CERTIFICATE VOIDS AND REPLACES THE PREVIOUSLY ISSUED CERTIFICATE. 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. City Of Milton Georgia AUTHORIZED REPRESENTATIVE Attn: City Manager 13000 Deerfield Pky, Ste 107F Milton, GA 30004 'J C011:4627312 Tp1:1906906 Cert:22 81448 1988-2014ACORDCORPORATION. All rightsreserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: .00783 0 LOC#: _ _ A`oRO� ADDITIONAL REMARKS SCHEDULE Page 2 of AGENCY NAMEA INSURED Willis of Maryland, Inc. ECOFLO Holding, Inc,ECOFLO Inc, ECOFLO Southeast, Inc. POLICY NUMBER Ecoflo Logistics, LLC, Ecoflo Field Services, LLC, 2750 Patterson Street See First Page Greensboro, NC 27407 CARRIER NAIL CODE See First Page �EIFIEIIIIEDATE: See First Page ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25- FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Property Policy # CUL60114124 Issuing Carrier: U.S. S ecialty Insurance Company Policy Period: 12/31/2014 -12/31/2015 Limits Real and Personal: $11,726,006 Loss Limit Boiler & Machineryy covered under Property Policy # CUL60114124 Issuing Carrier: U.S. Specialty Insurance Company Policy Period: : 12/31/2014 -12/31/2015 Limits: $10,000,000 Total Limit Per Breakdown Pollution/Remediation Liability Policy No. PECO00514705 Dates: 12/31/2014 - 12/31/2017 Issuing Carrier: Indian Harbor Insurance Company The following applies at Owned Disposal Sites: $5,000,000 Each Pollution Condition $10,000,000 Aggregate Sublimit of Liability At Non -Owned Disposal Sites: $1,000,000 Each Pollution Condition $1,000,000 Aggregate Professional Liabilityy Policy Policy No.: PEC000514614 Policy Period: 12/31/2014 to 12/31/2015 Carrier: Greenwich Insurance Company Limits: $5,000,000 Each Claim Includin Defense Costs $10,000,900 Aggregate. ACORD 101 (2008101) Coll :4627312 Tp1:1906906 Cert:22781448 Oc 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD STATE OF GEORGIA CITY OF MILTON EXHIBIT "C" CONTRACTOR 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- 9l(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 684188 EEV / Basic Pilot Program User Identification Number ECOFLO, Inc. BY: Authorized Officer or A nt Date [Insert Company Name] CFO Title of Authorized Officer or Agent of Contractor Charles Witzke Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE tQ DAY OF e F C -v A f-1 2015 Notary Public My Commission Expires: 7.z3- 2019 TREVOR D SHELTON NOTARY PUBLIC FORSYTH COUNTY, NC My Commission Expires 2.23-2019 STATE OF GEORGIA CITY OF MILTON EXHIBIT "D" 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 Notary Public My Commission Expires: 2015_ NOME OF' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 25, 2015 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Engineering 303, LLC for a Right of Way Topographic Survey on Webb Road. MEETING DATE: Monday, March 2, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VfAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ('YES {) NO CITY ATTORNEY REVIEW REQUIRED: (j YES () NO APPROVAL BY CITY ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR.- REMARKS OR: REMARKS ©10Yom *** PHONE:: 678.242.2500�FAX: 678,242.2499M Green v *Certified* info@cityofmiltonge.us � www.cifyofmiltonga.us ��„� Community h; 13000 Deerfield Parkway, Suite 107 1 Wton GA 30004 'a To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: Submitted on February 25, 2015 for the March 2, 2015 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Engineering 303, LLC for a Right of Way Topographic Survey on Webb Road. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This contract is to provide professional services for a right of way and topographic survey for the intersections of Webb Road at Morris Road and Webb Road at Deerfield Parkway. In accordance with the City of Milton Purchasing Policy four quotes were obtained for this service. Table 1. Bid Summary Firm Bid Engineering 303 $7,000 Brumbelow Reese $10,300 EIS $7,400 Terramark $11,500 Staff is recommending approval of the Professional Services Agreement with Engineering 303, LLC in the amount of $7,000. Funding and Fiscal Impact: Funding for this project is available in the Public Works Engineering and Surveying Services account. Alternatives: Delay the survey to a future date. Legal Review: Paul Higbee – Jarrard & Davis (2-3-15) Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Professional Services Agreement Page 1 of 6 PROFESSIONAL SERVICES AGREEMENT INTERSECTION SURVEYS This Professional Services Agreement (the “Agreement”) is made and entered into this ____ day of ____________, 2015, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the “City”), and Engineering303, LLC (hereinafter referred to as the “Consultant”). WITNESSETH THAT: WHEREAS, the City desires to employ a Consultant to perform the services described herein (the “Work”); and WHEREAS, Consultant has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. 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: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the “Contract Documents”: EXHIBIT A WORK DESCRIPTION EXHIBIT B INSURANCE CERTIFICATE EXHIBIT C CONSULTANT AFFIDAVIT AND AGREEMENT EXHIBIT D SUBCONTRACTOR 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. Section 2. The Work: Consultant shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Consultant’s provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as a right of way and topographic survey for the intersections at Webb Road at Deerfield Parkway and Webb Road at Morris Road. Section 3. Contract Time: Consultant understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written “Notice to Proceed” from the City and shall fully complete the Work within 30 calendar days of the “Notice to Proceed”. Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: 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 Page 2 of 6 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 $3,500 for each intersection for a total fee not to exceed $7,000 (the “Contract Price”), plus an additional fee of $500 per parcel for right of way or easement acquisition exhibits as directed by the City, except as outlined in Section 4 above. 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. Section 6. Covenants of Consultant A. Assignment of Agreement: Consultant covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Consultant and Indemnification of City: Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Consultant shall bear all losses and damages directly resulting to it on account of the negligent performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, reasonable attorney’s fees, which are the result of willful or negligent acts, or tortious conduct to the extent arising out of the negligent performance of contracted services, or operations by Consultant, any sub-consultant, anyone directly employed by Consultant or sub-consultant or anyone for whose negligent acts Consultant or sub-consultant may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Consultant shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. C. Independent Consultant: Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent Consultant, not as agent or employee of City. Inasmuch as City and Consultant are parties 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 by both parties. Consultant agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit B. E. Licenses, Certifications and Permits: Consultant covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory Page 3 of 6 bodies to perform the Work. Consultant shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Consultant (“materials”) shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Consultant agrees to execute any additional documents necessary to evidence such assignment. G. Consultant’s Representative: Valerie Gibson, RLS shall be authorized to act on Consultant’s behalf with respect to the Work as Consultant’s designated representative. H. Confidentiality: Consultant acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its sub-consultants, consultants, and/or staff to likewise protect such confidential information. I. Meetings: Consultant shall meet with City’s personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Standard of Care: In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Consultant. Provided that no damages are due to the City for Consultant’s breach of this Agreement, the City shall pay Consultant for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. 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. D. E-Verify Affidavits. 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 “C” and “D” (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 (“EEV” or “E- Page 4 of 6 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 “C”, 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. § 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 “D”, 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.] ____ 500 or more employees. ____ 100 or more employees. Page 5 of 6 ____ 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 subcontractor is 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. E. 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 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 E in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON THE FOLLOWING PAGE] Page 6 of 6 [Engineering303, LLC] Signature: _______________________________ Printed Name: _______________________________ Title: ___________________________ [AFFIX CORPORATE SEAL] CITY OF MILTON, GEORGIA _______________________________ Joe Lockwood, Mayor Exhibit “A” Work Description A. General 1. All boundary work shall be consistent with the Rules and Regulations established by the State of Georgia, City of Milton Standards and industry standards for this type of work. 2. All coordinates are to be on the specified State Plane, Georgia Coordinate System of 1985 - NAD 83/94 adjustment. All vertical traverses shall use the North American Vertical Datum (NAVD) of 1988. B. Specific Requirements 1. All information will be collected by a field run survey and shall include at a minimum the following information: b. Property boundary with all data necessary to indicate the mathematical dimensions and relationships of the boundary represented, with angles given directly or by bearings, and with the length and radius of each curve, together with elements necessary to mathematically define each curve. The point of beginning of the surveyor's description shall be shown as well as the remote point of beginning if different. A bearing base shall refer to some well-fixed line, so that the bearings may be easily re-established. 1. Where a measured or calculated dimension differs from the record by an amount deemed significant by the surveyor, such dimension shall be shown in addition to, and differentiated from, the corresponding record dimension. c. Monuments placed (or a reference monument or witness to the corner) at all major corners of the boundary of the property, unless already marked or referenced by an existing monument or witness to the corner. d. Gross land area. e. Adjacent property owners names and recording data. The name and width of any public right of way abutting the property. f. Identify all utilities and easements recording in the county records. All easements evidenced by Record Documents which have been discovered or delivered to the surveyor shall be shown, both those burdening and those benefiting the property surveyed, indicating recording information. If such an easement cannot be located, a note to this effect shall be included. Observable evidence of easements and/or servitudes of all kinds, such as those created by roads; rights-of-way; water courses; drains; telephone, telegraph, or electric lines; water, sewer, oil or gas pipelines on or across the surveyed property and on adjoining properties if they appear to affect the surveyed property, shall be located and noted. If the surveyor has knowledge of any such easements and/or servitudes, not observable at the time the present survey is made, such lack of observable evidence shall be noted. Surface indications, if any, of underground easements and/or servitudes shall also be shown. 1. The width and recording information of all plottable rights of way, easements and servitudes burdening and benefitting the property surveyed, as evidenced by Record Documents which have been discovered or provided to the surveyor. 2. A note regarding any right of way, easement or servitude evidenced by a Record Document which has been provided to the surveyor (a) the location of which cannot be determined from the record document, or (b) of which there was no observed evidence at the time of the survey, or (c) that is a blanket easement, or (d) that is not on, or does not touch, the surveyed property, or (e) that limits access to an otherwise abutting right of way, or (f) in cases where the surveyed property is composed of multiple parcels, which of such parcels the various rights of way, easements, and servitudes cross. 3. Platted setback or building restriction lines which appear on recorded subdivision plats or which were disclosed in Record Documents provided to the surveyor. f. The character and location of all walls, buildings, fences, poles and other visible improvements on the property or within twenty-five feet of the boundary lines shall be noted. If there are no visible buildings on the surveyed property, a note stating “No buildings existing on the surveyed property” shall appear on the face on the survey g. Substantial, visible improvements (in addition to buildings) such as billboards, signs, parking structures, swimming pools, etc... h. Driveways, alleys and other ways of access on or crossing the property must be shown. Where there is evidence of use by other than the occupants of the property, the surveyor must so indicate on the plat or map. Where driveways or alleys on adjoining properties encroach, in whole or in part, on the property being surveyed, the surveyor must so indicate on the plat or map with appropriate measurements. i. Topographic survey with a minimum of 2 foot topographic contour intervals. Contours shall extend a minimum distance of twenty-five feet beyond all property lines. j. A detailed description of benchmarks and their datum, along with the source benchmark and datum used for the survey. k. Provide spot elevations at all critical points such as drainage breaks, high points, low points, etc… l. Size and type of all overhead and underground utilities. m. As accurately as the evidence permits, the location of cemeteries and burial grounds observed in the process of performing the field work for the survey, shall be shown. n. Ponds, lakes, springs, defined drainage channels or rivers bordering, running through or within twenty-five feet of the premises being surveyed shall be shown. Show the mean elevation and extent of water in all features. o. Observable evidence of site use as a solid waste dump, sump or sanitary landfill. p. Location of 100 year flood plain or a determination that none exists on the property. q. Manholes, catch basins, valve vaults or other surface indications of subterranean uses. Include, at a minimum, top elevation, bottom elevation, pipe inverts, pipe sizes, pipe materials, weir or opening elevations r. Any other information necessary to accurately depict the structure. s. Include Tree Survey to include the location of tree line, any beech, magnolia or walnut tree 24” or greater dbh, any other hardwood or pine tree 27" or greater dbh, and any dogwood, redbud or sourwood tree 8" or greater dbh (call out tree type, size, and show location on plat). t. Any other field information which may be determined to affect the development potential of the property. Limits of the Intersection survey for Webb Road at Deerfield Parkway Webb Road 500’ west of Deerfield Webb Road 500’ east of Deerfield Deerfield Parkway 400’ north of Webb Deerfield Parkway 200’ south of Webb Limits of the Intersection survey for Morris Road at Deerfield Parkway Webb Road 300’ west of Morris Road Webb Road 300’ east of Morris Road Morris Road 300’ north of Webb Road Morris Road 300’ south of Webb Road Deliverables: 1. Provide digital files of survey (DGN or DWG format tied to state plane coordinates and including Benchmark data and datum information) and 2 hard copies of survey signed and sealed by a professional land surveyor licensed and qualified to do business in the State of Georgia. Survey shall be provided at a standard engineering scale, with that scale clearly indicated on the drawing. No right of way plats, staking of centerline or right of way easement staking are included in this proposal. Exhibit “B” Insurance Certificate EXHIBIT “C” 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 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: _________________________________ eVerify Number _________________________________ Date of Authorization Engineering303, LLC Name of Contractor Intersection Surveys 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 ______, ___, 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: _________________________________ EXHIBIT “D” 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 Engineering303, LLC 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 _________________________________ Date of Authorization ____________________________ Name of Subcontractor Intersection Surveys 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 ______, ___, 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:__________________ HOME OF 'T --+F BEST QUALITY OF LIFE IN GEOnGIP' MILTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 25, 2015 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Brumbelow-Reese and Associates, Inc. for a Topographic Survey Along Cogburn Road and at Fire Station #43.. MEETING DATE: Monday, March 2, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1 APPROVED CITY ATTORNEY APPROVAL REQUIRED: (-fYES CITY ATTORNEY REVIEW REQUIRED: (YES APPROVAL BY CITY ATTORNEY f)�APPROVED PLACED ON AGENDA FOR: 31z REMARKS () NOT APPROVED () NO () NO O NOT APPROVED M '* You( PHONE: 678.242.25001 FAX: 678.242.2499 10GCeen',V *ce«;r;�* roPiuo info@cityofmiltonga.us I www.cifyofmilfonga.us ILNIFF Community 13000 Deerfield Parkway. Suite 107 1 Milton GA 30004 ''B� To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: Submitted on February 25, 2015 for the March 2, 2015 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Brumbelow-Reese and Associates, Inc. for a Topographic Survey Along Cogburn Road and at Fire Station #43. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This contract is to provide professional services for a right of way and topographic survey to design the trail section along Cogburn Road from the bridge to Webb Road and to provide a topographic survey of the area behind Fire Station #43 for a live fire training facility. In accordance with the City of Milton Purchasing Policy four quotes were obtained for this service. Table 1. Bid Summary Firm Bid Engineering 303 $11,875 Brumbelow Reese $8,800 EIS $13,090 Terramark $14,900 Staff is recommending approval of the Professional Services Agreement with Brumbelow-Reese and Associates, Inc. in the amount of $8,800. Funding and Fiscal Impact: Funding for this project is available in the Public Works Capital account for sidewalk/trail construction and the Fire Department capital account for the Live Fire Training Facility. Alternatives: Delay the survey to a future date. Legal Review: Paul Higbee – Jarrard & Davis (1-30-15) Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT PARK AND TRAIL SURVEYS This Professional Services Agreement (the “Agreement”) is made and entered into this ____ day of ____________, 2015, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the “City”), and Brumbelow-Reese and Associates, Inc. (hereinafter referred to as the “Consultant”). WITNESSETH THAT: WHEREAS, the City desires to employ a Consultant to perform the services described herein (the “Work”); and WHEREAS, Consultant has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. 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: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the “Contract Documents”: EXHIBIT A WORK DESCRIPTION EXHIBIT B INSURANCE CERTIFICATE EXHIBIT C CONSULTANT AFFIDAVIT AND AGREEMENT EXHIBIT D SUBCONTRACTOR 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. Section 2. The Work: Consultant shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Consultant’s provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as a topographic survey for a portion of Birmingham Park and right of way and topographic survey for the Cogburn Road trail project. Section 3. Contract Time: Consultant understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written “Notice to Proceed” from the City and shall fully complete the Work within 60 calendar days of the “Notice to Proceed”. Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City’s certification that the services were actually Page 2 of 6 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 $8,800 (the “Contract Price”), plus an additional fee of $1,000 per parcel for right of way or easement acquisition exhibits as directed by the City, except as outlined in Section 4 above. 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. Section 6. Covenants of Consultant A. Assignment of Agreement: Consultant covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Consultant and Indemnification of City: Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Consultant shall bear all losses and damages directly resulting to it on account of the negligent performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, reasonable attorney’s fees, which are the result of willful or negligent acts, or tortious conduct to the extent arising out of the negligent performance of contracted services, or operations by Consultant, any sub-consultant, anyone directly employed by Consultant or sub-consultant or anyone for whose negligent acts Consultant or sub-consultant may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Consultant shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. C. Independent Consultant: Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent Consultant, not as agent or employee of City. Inasmuch as City and Consultant are parties 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 by both parties. Consultant agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit B. Page 3 of 6 E. Licenses, Certifications and Permits: Consultant covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Consultant shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Consultant (“materials”) shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Consultant agrees to execute any additional documents necessary to evidence such assignment. G. Consultant’s Representative: Scott Reese shall be authorized to act on Consultant’s behalf with respect to the Work as Consultant’s designated representative. H. Confidentiality: Consultant acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its sub-consultants, consultants, and/or staff to likewise protect such confidential information. I. Meetings: Consultant shall meet with City’s personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Standard of Care: In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the s ame or similar locality. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Consultant. Provided that no damages are due to the City for Consultant’s breach of this Agreement, the City shall pay Consultant for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. 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. D. E-Verify Affidavits. 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: Page 4 of 6 (1) the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “C” and “D” (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 (“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) 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 “C”, 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. § 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 “D”, 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. Page 5 of 6 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.] ____ 500 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 subcontractor is 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. E. 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 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 E in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON THE FOLLOWING PAGE] Page 6 of 6 [Brumbelow-Reese and Associates, Inc.] Signature: _______________________________ Printed Name: _______________________________ Title: ___________________________ [AFFIX CORPORATE SEAL] CITY OF MILTON, GEORGIA _______________________________ Joe Lockwood, Mayor Exhibit “A” Work Description A. General 1. All boundary work shall be consistent with the Rules and Regulations established by the State of Georgia, City of Milton Standards and industry standards for this type of work. 2. All coordinates are to be on the specified State Plane, Georgia Coordinate System of 1985 - NAD 83/94 adjustment. All vertical traverses shall use the North American Vertical Datum (NAVD) of 1988. B. Specific Requirements 1. All information will be collected by a field run survey and shall include at a minimum the following information: a. Property boundary with all data necessary to indicate the mathematical dimensions and relationships of the boundary represented, with angles given directly or by bearings, and with the length and radius of each curve, together with elements necessary to mathematically define each curve. The point of beginning of the surveyor's description shall be shown as well as the remote point of beginning if different. A bearing base shall refer to some well-fixed line, so that the bearings may be easily re-established. 1. Where a measured or calculated dimension differs from the record by an amount deemed significant by the surveyor, such dimension shall be shown in addition to, and differentiated from, the corresponding record dimension. b. Monuments placed (or a reference monument or witness to the corner) at all major corners of the boundary of the property, unless already marked or referenced by an existing monument or witness to the corner. c. Gross land area. d. Adjacent property owners names and recording data. The name and width of any public right of way abutting the property. e. Identify all utilities and easements recording in the county records. All easements evidenced by Record Documents which have been discovered or delivered to the surveyor shall be shown, both those burdening and those benefiting the property surveyed, indicating recording information. If such an easement cannot be located, a note to this effect shall be included. Observable evidence of easements and/or servitudes of all kinds, such as those created by roads; rights-of-way; water courses; drains; telephone, telegraph, or electric lines; water, sewer, oil or gas pipelines on or across the surveyed property and on adjoining properties if they appear to affect the surveyed property, shall be located and noted. If the surveyor has knowledge of any such easements and/or servitudes, not observable at the time the present survey is made, such lack of observable evidence shall be noted. Surface indications, if any, of underground easements and/or servitudes shall also be shown. 1. The width and recording information of all plottable rights of way, easements and servitudes burdening and benefitting the property surveyed, as evidenced by Record Documents which have been discovered or provided to the surveyor. 2. A note regarding any right of way, easement or servitude evidenced by a Record Document which has been provided to the surveyor (a) the location of which cannot be determined from the record document, or (b) of which there was no observed evidence at the time of the survey, or (c) that is a blanket easement, or (d) that is not on, or does not touch, the surveyed property, or (e) that limits access to an otherwise abutting right of way, or (f) in cases where the surveyed property is composed of multiple parcels, which of such parcels the various rights of way, easements, and servitudes cross. 3. Platted setback or building restriction lines which appear on recorded subdivision plats or which were disclosed in Record Documents provided to the surveyor. f. The character and location of all walls, buildings, fences, poles and other visible improvements on the property or within twenty-five feet of the boundary lines shall be noted. If there are no visible buildings on the surveyed property, a note stating “No buildings existing on the surveyed property” shall appear on the face on the survey g. Substantial, visible improvements (in addition to buildings) such as billboards, signs, parking structures, swimming pools, etc... h. Driveways, alleys and other ways of access on or crossing the property must be shown. Where there is evidence of use by other than the occupants of the property, the surveyor must so indicate on the plat or map. Where driveways or alleys on adjoining properties encroach, in whole or in part, on the property being surveyed, the surveyor must so indicate on the plat or map with appropriate measurements. i. Topographic survey with a minimum of 2 foot topographic contour intervals. Contours shall extend a minimum distance of twenty-five feet beyond all property lines. j. A detailed description of benchmarks and their datum, along with the source benchmark and datum used for the survey. k. Provide spot elevations at all critical points such as drainage breaks, high points, low points, etc… l. Location and type of all overhead and underground (based on surface indications of subterranean) utilities. m. As accurately as the evidence permits, the location of cemeteries and burial grounds observed in the process of performing the field work for the survey, shall be shown. n. Ponds, lakes, springs, defined drainage channels or rivers bordering, running through or within twenty-five feet of the premises being surveyed shall be shown. Show the mean elevation and extent of water in all features. o. Observable evidence of site use as a solid waste dump, sump or sanitary landfill. p. Location of 100 year flood plain or a determination that none exists on the property. q. Manholes, catch basins, valve vaults or other surface indications of subterranean uses. Include, at a minimum, top elevation, bottom elevation, pipe inverts, pipe sizes, pipe materials, weir or opening elevations r. Any other information necessary to accurately depict the structure. s. Include Tree Survey to include the location of tree line, any beech, magnolia or walnut tree 24” or greater dbh, any other hardwood or pine tree 27" or greater dbh, and any dogwood, redbud or sourwood tree 8" or greater dbh (call out tree type, size, and show location on plat). t. Any other field information which may be determined to affect the development potential of the property. Topographic Survey for Birmingham Park Right of Way and Topographic Survey for the Cogburn Road Trail Project The intent of this survey is to support a trail design on the west side of Cogburn Road from where the trail currently ends that was constructed with the Cogburn Rd bridge project all the way up to the intersection of Cogburn Road and Webb Road to include the intersection. The begin and end points are the end of the radius return on the south side of the intersection and to a point to include at least 50 feet of the existing 10’ trail on the north end of the project rather than going down to the bridge. Deliverables: 1. Provide digital files of survey (DGN or DWG format tied to state plane coordinates and including Benchmark data and datum information) and 2 hard copies of survey signed and sealed by a professional land surveyor licensed and qualified to do business in the State of Georgia. Survey shall be provided at a standard engineering scale, with that scale clearly indicated on the drawing. No right of way plats, staking of centerline or right of way easement staking are included in this proposal. Exhibit “B” Insurance Certificate EXHIBIT “C” 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 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: _________________________________ eVerify Number _________________________________ Date of Authorization Brumbelow-Reese and Associates, Inc. Name of Contractor Park & Trail Surveys 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 ______, ___, 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: _________________________________ EXHIBIT “D” 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 Brumbelow-Reese and Associates, 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 authoriz ation user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization ____________________________ Name of Subcontractor Park & Trail Surveys 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 ______, ___, 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:__________________ HOME OF ,.. i .1 I LTO N ESTAli1.1SH D 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 19, 2015 FROM: City Manager AGENDA ITEM: Proclamation Recognizing Ms, Fran Ritter, RN, Ms. Lynette Huddle, RN, Mr. Chad Payne and Ms. Kolleen Riddick. MEETING DATE: Monday, March 2, 2015 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 NO CITY ATTORNEY REVIEW REQUIRED: () YES (YNO APPROVAL BY CITY ATTORNEY O APPRO VED O NOT APPROVED PLACED ON AGENDA FOR: IS REMARKS © YOU PRONE: 678.242.25001 FAX: 678.242.2499 info@cityofmilfonga.us I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 **x 4i - Community tl']L€lurk VE ' �,c — s0G 0 Recognizing Ms. Fran Ritter, RN, Ms. Lynette Huddle, RN, & Mr. Chad Payne and Ms. Kolleen Riddick WHEREAS, Colonel Ronnie B. Rondem is a resident of Milton; and WHEREAS, on the morning of December 3, 2014, he was in his regular exercise class at Core Physique, a fitness center contracted by the City of Milton and owned by Kolleen Riddick, a Milton resident; and WHEREAS, forty minutes into the exercise program Rondem collapsed from cardiac arrest; and WHEREAS, Milton residents, registered nurses Fran Ritter and Lynette Huddle, immediately administered CPR while friend Chad Payne secured an oxygen tank from the dialysis center next door; and WHEREAS, Riddick called 911, while the three administered the life-saving procedure essential in Rondem’s recovery; and WHEREAS, The City of Milton Fire Rescue Department is a provider of CPR instructions for residents and encourages all to take advantage of those instructions; and WHEREAS, Fran Ritter, Lynette Huddle, Chad Payne and Kolleen Riddick are individually and collectively responsible for the recovery of Rondem through their quick thinking, immediate response, knowledge of CPR, and compassion. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, let it be known that Monday, March 2, 2015, shall be celebrated as Fran Ritter, Lynette Huddle, Chad Payne and Kolleen Riddick Day in Milton, Georgia. As such, we, encourage all citizens to learn CPR, a life-saving procedure responsible for saving countless lives daily. Given under our hand and seal of the City of Milton, Georgia on this 2nd day March, 2015. ________________________________ Mayor Joe Lockwood (SEAL) M HOMEOF'THE 3F i rUAE i1Y OF LIFT IN C:EORGiA.' MIL2TO- N11p ESTAN 1,I!`IFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 23, 2015 FROM: City Manager AGENDA ITEM: Proclamation Recognizing Student Painters, Inc. MEETING DATE: Monday, March 2, 2015 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: O YES 0,NO CITY ATTORNEY REVIEW REQUIRED: () YES X NO APPROVAL BY CITY ATTORNEY O APPROVED ( NOT APPROVED PLACED ON AGENDA FOR 30 2 i S REMARKS ® Your - ..._. ..._ PHONE: 678.242.25001 FAX: 678.242.2499 r -Green 4p *l crrihed ; up T10 info@cityofmiltonga.us I wwwxityotmiltongmus Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Recognizing Milton Student Painters, Inc. WHEREAS, Milton Student Painters, Inc., a sector of Young Entrepreneurs Across America, gives college students across Milton valuable insights as well as hands-on entrepreneurial experience by providing them with the unique opportunity to run their own small business, and; WHEREAS, Milton Student Painters, Inc. allows students to earn money for tuition and college expenses while helping them develop the tools they need to become Milton’s next generation of great business leaders, and; WHEREAS, Milton Student Painters, Inc. fosters personal and professional growth within Milton’s student community and promotes a spirit of integrity and innovation, and; WHEREAS, Mr. Alex Marshall is a sophomore studying at Clemson University and, as branch manager of Student Painters of Milton, Inc., has embarked on a journey that will truly prepare him for life after college, and; WHEREAS, The City of Milton congratulates Alex Marshall on maintaining and managing his own small business and wishes him success in all of his future endeavors. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby dedicate Monday, March 2, 2015 as MILTON STUDENT PAINTERS, INC. DAY in the City of Milton, Georgia. Given under our hand and seal of the City of Milton, Georgia on this 2nd Day of March, 2015. (Seal) _____________________________ Mayor Joe Lockwood HOME OF M I L I U1\ ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 19, 2015 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 4, Alcoholic Beverages. MEETING DATE: Monday, March 2, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: O7 APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES CITY ATTORNEY REVIEW REQUIRED: (xj YES APPROVAL BY CITY ATTORNEY KAPPROVED PLACED ON AGENDA FOR: b'1021s REMARKS () NOT APPROVED () NO () NO () NOT APPROVED You _ ,�•- _ PHONE: 678.242.2500 1 FAX: 678.242.2499 ® -Green' *c'erdrted* �' info@cityofmiltonga.us WILDUFE Community www.cityofmiltonga.us , Ethics �f - CE 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 "niIED 8#401, To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on February 25, 2015 for the March 2, 2015 Regular Council Meeting Agenda Item: Consideration of an Ordinance to Amend Chapter 4, Alcoholic Beverages Department Recommendation: Approve the ordinance as written. Executive Summary: As presented during the work sessions in November 2014 and February 2015, the alcoholic bev erage ordinance has been rewritten in its entirety to reorganize the sections and to incorporate several new changes that address current and future issues. Some of the new additions include alcoholic beverage caterers license, special events licenses for current consumption on premises license holders, specialty gift shop license, special events facility license, and farm winery license. We have also changed the “open area” restrictions to allow for alcohol to be served in unenclosed areas on the premises and added a section that created a district where open containers are permitted. Lastly, we decreased the distance requirements that consumption on premises licensed establishments must be in relation to churches and educational facilities. Funding and Fiscal Impact: None Alternatives: Keep the current ordinance Legal Review: Elizabeth Whitworth – Jarrard & Davis (2/25/15) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Revised ordinance STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 4, ALCOHOLIC BEVERAGES BE IT ORDAINED by the Mayor and Council of the City of Milton, Georgia while in a regular called council meeting on the 16th day of March, 2015 at 6:00 p.m. as follows: SECTION 1. That the amendment to Chapter 4, as reflected in the attached document, is hereby adopted and approved; and is attached hereto as if fully set forth herein; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. This Ordinance shall become effective upon its adoption. ORDAINED this the 16th day of March, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal) 1 ARTICLE I. IN GENERAL Sec. 4-1. Definitions. (a) Unless a contrary intention is clearly apparent from the context, any term used in this chapter shall have the same meaning as when used in a comparable provision of the Georgia Alcoholic Beverage Code (O.C.G.A. § 3-1-1 et seq.). (b) The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alcohol: Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. Alcoholic beverage: All alcohol, distilled spirits, beer, malt beverage, wine or fortified wine. Alcoholic beverage caterer: Any retail dealer licensed pursuant to this chapter who provides alcohol at authorized events or functions. Applicant: The person, partner, firm or corporation, as owner, or other entity authorized to represent the business making application for the license. Barrel: A wooden vessel that is used to age/condition/ferment beer; a standard unit of measure is 31 gallons (27 CFR § 25.11). Beer or malt beverage: Any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water, containing not more than 14 percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, known as Japanese rice wine. The term “beer” is used interchangeably with “malt beverage.” Brewpub: Any eating establishment in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in O.C.G.A. § 3-5-36 for retail consumption on the premises and solely in draft form. Brown bag establishment, brown bagging or brown bagged: Any place of business open to the public or any private club which allows guests, patrons or members to bring in and consume the guest’s, patron’s or member’s wine on the premises. Church: Any permanent place of public religious worship. Distilled spirits or spirituous liquor: Any alcoholic beverage obtained by distillation or containing more than 24 percent alcohol by volume including, but not limited to, all fortified wines. Eating establishment: An establishment which is licensed to sell distilled spirits, beer, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food; provided, however, that barrels of beer sold to licensed wholesale dealers for distribution to retailers and retail consumption dealers, as 2 authorized pursuant to O.C.G.A. § 3-5-36(2)(c), shall not be used when determining the total annual gross food and beverage sales. Fixed salary: The amount of compensation paid any member, officer, agent, or employee of a bona fide private club as may be fixed for him or her by its members at a prior annual meeting or by the governing body out of the general revenue of the club and shall not include a commission on any profits from the sale of alcoholic beverages. For the purpose of this definition, tips or gratuities which are added to the bills under club regulation shall not be considered as profits from the sale of alcoholic beverages. Farm winery: A domestic winery that is licensed as a farm winery by the State of Georgia. Food caterer: Any person that prepares food for consumption off the premises. Fortified wine: Any alcoholic beverage containing more than 24 percent alcohol by volume made from fruits, berries, or grapes, either by natural fermentation or by natural fermentation with brandy added. “Fortified wine” includes, but is not limited to, brandy. Full-service kitchen: A kitchen that consists of a commercial sink; a stove or grill permanently installed; and a refrigerator. All of which must be approved by the health and fire departments. Golf club: A golf facility consisting of a clubhouse or a professional golf shop and a regulation or executive length golf course of at least nine holes, as recognized by the United States Golf Association, the Professional Golfers Association of America, and the Georgia State Golf Association. Growler: A glass or ceramic container not to exceed sixty-four (64) ounces that is filled by a licensee or employee of a licensee with beer from a keg and securely sealed for off-premises consumption. Hotel: Any building or other structure providing sleeping accommodations for hire to the general public, either transient, permanent, or residential. Motels meeting the qualifications set out in this definition for hotels shall be classified in the same category as hotels. License: The authorization by the governing authority of the city to engage in the sale of alcoholic beverages as provided for in this chapter. Licensee: The individual to whom a license is issued or, in the case of a partnership or corporation, all partners, officers, and directors of the partnership or corporation. Liter: The metric measurement currently used by the United States. Manufacturer: Any maker, producer, or bottler of an alcoholic beverage. The term “manufacturer” also means: (1) In the case of distilled spirits, any person engaged in distilling, rectifying, or blending any distilled spirits; provided that a vintner that blends wine and distilled spirits to produce a fortified wine shall not be considered a manufacturer of distilled spirits; (2) In the case of malt beverages, any brewer; and 3 (3) In the case of wine, any vintner. Package: A bottle, can, keg, barrel, or other original consumer container. The term “retail package alcoholic beverages” includes all alcoholic beverages in their original container, sold at retail to the final consumer, and not for resale. Pouring permit: An authorization granted by the city to cork, dispense, sell, serve, take orders, or mix alcoholic beverages in establishments licensed as a retail consumption dealer or brown bag establishment. Premises: The location, whether room, shop, or building, wherein activities permitted by this chapter are conducted. Private club: Any nonprofit association organized under state law which: (1) Has been in existence at least one year prior to the filing of the application for a license to be issued pursuant to this chapter; (2) Has at least 75 regular dues-paying members; (3) Owns, hires or leases a building or space within a building for the reasonable use of its members with: a. A suitable kitchen and dining room space and equipment; and b. A sufficient number of employees for cooking, preparing and serving meals for its members and guests; (4) Has no member, officer, agent or employee directly or indirectly receiving in the form of salary or other compensation any profits from the sale of alcoholic beverages beyond a fixed salary. Registered agent: A natural person age 21 years or older and residing in the city or the county who is empowered to act for and represent the licensee in all matters with the city relating to an establishment licensed or making application for a license to sell alcohol upon whom any process, notice or demand required or permitted by law or under this chapter may be served. Retail consumption dealer: Any person who sells alcoholic beverages for consumption on the premises, at retail, only to consumers and not for resale. Retail package dealer: Any person who sells unbroken packages or growlers, at retail, only to consumers and not for resell. School building or educational building: This applies only to state, county, city or church school buildings and to such buildings at such other schools in which are taught subjects commonly taught in the common schools and colleges of the state and which are public schools and private schools as defined in O.C.G.A. §20-2-690(b). The term “school building” includes only those structures in which instruction is offered. Special event: This term shall have the same meaning as provided in Section 64-1596 of Chapter 64. Special events facility: This term shall have the same meaning as that provided for “Rural or Agricultural Event Facility” provided in Section 64-1 of Chapter 64. 4 Specialty gift shop: Any retail gift shop that derives not more than 15 percent of its gross sales from the sale of package gift baskets containing non-alcohol related items such as flowers, plants, food or similar items which also contain unbroken containers of wine or malt beverages. Sports club: An association or corporation organized and existing under state law, organized and operated primarily to provide a location for the patrons thereof to engage in sporting events. (1) To qualify for an alcoholic beverage consumption dealer’s license, a sports club must have been actively in operation within the city at least two years prior to an application for license under this chapter; provided, however, the two-year operational requirement shall not apply to golf club associations or golf club corporations where the selling or the serving of alcoholic beverages is to take place on the golf course premises. (2) A sports club organized or operated primarily for serving alcoholic beverages shall not qualify for licensing under this chapter, and accordingly shall not be permitted to serve alcoholic beverages at any time. (3) Unless otherwise indicated, a sports club licensee shall comply with all other requirements imposed upon retail consumption dealers. Tasting room: An outlet for the promotion of a farm winery's wine by providing samples of such wine to the public and for the sale of such wine at retail for consumption on the premises and for sale in closed packages for consumption off the premises. Samples of wine may be given complimentary or for a fee. Wholesaler or wholesale dealer: Any person who sells alcoholic beverages to other wholesale dealers, retail dealers, or retail consumption dealers. Wine: Any alcoholic beverage containing not more than 24 percent alcohol made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. “Wine” includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, and special natural wines, rectified wines, and like products. “Wine” does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at the point in the manufacturing process when it conforms to this definition. Sec. 4-2 – 4-24. Reserved. ARTICLE II. LICENSING DIVISION 1. GENERALLY Sec. 4-25. License is a privilege. (a) Granted by mayor and city council. Alcoholic beverages may be sold in the city under a license granted by the mayor and city council upon the terms and conditions provided in this chapter. 5 (b) Privilege. All licenses in this chapter shall be a mere grant of privilege to carry on the business during the term of the license, subject to all the terms and conditions imposed by this Code and state law. (c) Required language. All licenses pursuant to this chapter shall have printed on the front these words: “This license is a mere privilege subject to being revoked and annulled, and is subject to any further ordinances that may be enacted by the city.” (d) Compliance with state law required. Any holder of a license issued pursuant to this chapter to operate as a retail consumption dealer, a retail package dealer, or a wholesale dealer is required to apply for and obtain an alcoholic beverage license from the state before any sales commence. Additionally, city licensees are required to abide by all applicable state regulations and laws. Sec. 4-26. License required. Except where an appropriate license has been obtained, it shall be unlawful for any person to sell or possess for the purpose of sale any alcoholic beverage or to allow brown bagging. Further, it shall be unlawful to make deliveries beyond the boundaries of the premises covered by the license or to sell alcohol beyond the area on or about the premises covered by the license. Sec. 4-27 – 4-46. Reserved. DIVISION 2. APPLICATION Sec. 4-47. Application; investigation consent. (a) City form. All persons desiring to sell alcoholic beverages or allow brown bagging shall make an application on the form prescribed by the city manager, or his or her designee . (b) Contents. The application shall include, but not be limited to: (1) The name and address of the applicant; (2) The proposed business to be carried on and type of license desired; (3) If a partnership, the names and residence address of the partners; (4) If a corporation, the names of the officers; (5) The names and address of the registered agent for the service of the process; (6) The name of the manager; (7) The name of all shareholders holding more than twenty (20) percent of any class of corporate stock, or any other entity having a financial interest in each entity which is to own or operate the establishment for which a license is sought; and (8) Evidence of compliance with any prior notice requirements, including but not limited to O.C.G.A. § 3-4-27 where applicable. (c) Financial information. All applicants shall furnish such financial and other information and records as may be required by the city manager to ensure compliance with the provisions of this chapter. Failure to furnish the information 6 and records pursuant to such request shall automatically serve to dismiss the application with prejudice. (d) Survey. Unless waived by the city manager out of recognition of the absence of any school or church buildings in proximity to the outlet, the application shall have attached a survey (dated no more than 180 days prior to submission of the application to the city), certified by a registered surveyor of this state, showing a scaled drawing of the premises, the location on the premises where the applicant desires to operate an alcoholic beverage establishment, and the distance in linear feet measured pursuant to section 4-557 to the nearest church building, school building, educational building, school grounds or college grounds or college campus building. If the applicant is a new owner of an establishment at a location where the sale of alcoholic beverages was lawful at any time during the 12 months immediately preceding such application, a survey is not required. (e) Notary. All applications shall be sworn to by the applicant before a notary public or other officer empowered by law to administer oaths. (f) Consent. Each applicant and licensee authorizes the city and its agents to secure from any court, law enforcement agency, or other public agency his criminal and civil history and to use such information in determining whether the license applied for shall be issued. Each applicant further authorizes the city and its agents to use such information in any public hearing with respect to the license applied for, either before or after the issuance of the license. Each applicant waives any right that he would otherwise have to preclude the city or its agents from obtaining and using such information, and each applicant further waives any liability of the city or its agents for obtaining and using such information. (g) License Fees. The application shall be accompanied by the prerequisite fee as established by the mayor and council. All licenses granted under this chapter shall be for the calendar year, and the full license fee must be paid for a license application filed prior to July 1 of the license year. One-half of a full license fee shall be paid for any license application filed after July 1 of the license year, except for applications for special events permits. Sec. 4-48. Separate application and license for each location of sale. Separate applications must be made for each location and separate licenses must be issued. Sec. 4-49. Processing fees. Each application for a license or renewal of a license under this chapter shall be accompanied by a processing fee in an amount to be determined by mayor and council to defray investigative and administrative costs. Processing fees shall be paid at the time the application is filed. Any person applying for more than one license shall pay only one processing fee. Further, no processing fee shall be applied for any applicant applying for a license under this chapter w here that applicant already has, at the time the new application is submitted, an existing license under this chapter; provided that such existing license may not be the license for which an application for renewal is submitted. Sec. 4-50. Withdrawal by applicant; refunds. 7 (a) Any license application made pursuant to this chapter may be withdrawn by the applicant at any time. (b) If the application is withdrawn before the license is issued, any sums deposited as license fees will be refunded (without interest) less applicable processing fees for completed tasks. After issuance of the license, no refund will be made. No refunds shall be made under any circumstances for investigative and administrative expenses required in this chapter. Sec. 4-51. Procedure for consideration of application. (a) Each application for an alcoholic beverage license shall be referred to the chief of police or his or her designee for a thorough investigation. The chief of police or his or her designee shall report the findings to the city manager. Such finding shall include a recommendation as to the qualifications of the applicant. (b) The city manager shall further have the responsibility and authority to request additional information as may be determined to be necessary in order for the city manager to accept the application as complete prior to its approval or denial pursuant to section 4-53. (c) A temporary license may be issued by the city manager for the sale of alcoholic beverages, either malt beverages, wine and/or distilled spirits, subject to the conditions set forth in section 4-167. (d) No application for an original license shall be granted until a public hearing has been held thereon before the mayor and council, after notice as provided in section 4-52. Sec. 4-52. Notice requirements. (a) Posting on premises to be licensed. (1) Required; specifications. The applicant for an original license including a brown bag license shall, at his or her own expense, post a notice on the premises to be licensed. The notice shall be posted for at least 15 days prior to the date of the public hearing. The notice shall be on a sign having a surface of not less than 12 square feet. The notice shall be painted or printed in black letters at least three inches in height against a white background. The notice shall state: a. That an application for a license to allow brown bagging or sell alcoholic beverages on the premises has been filed with the city; b. The type of license applied for; c. The time and place of the public hearing to be held on such license application; and d. The name(s) in which the license is to be issued. (2) Placement. The advertisement shall be placed with the base of the sign not more than three feet from the ground on the most conspicuous part of the premises, facing the most frequently traveled road, street or highway abutting same, and not more than ten feet therefrom. (b) Publication. (1) Contents. The city treasurer shall prepare and cause to be published a notice of each pending application, which notice shall include: a. The date the application will be considered by the city council; 8 b. The location or street number of the premises where the applicant proposes to conduct activities permitted by this chapter; and c. The applicant’s name. (2) Costs. The applicant shall pay the publication costs. (3) Newspaper of general circulation. The notice shall be published in a newspaper of general circulation within the city, and shall appear once a week for two weeks immediately preceding consideration of the application by the city council. Sec. 4-53. Approval or Denial. (a) Approval or Denial. The city manager may deny any application that is incomplete or does not meet the minimum requirements provided in this chapter. If the application is not denied by the city manager, it will be submitted to the mayor and council for approval or denial. (b) Notice required. The city manager shall provide written notice to any applicant whose application is denied under the provisions of this chapter. Such written notification shall set forth in reasonable detail the reasons for such denial and shall advise the applicant of the right to appeal under the provisions of this chapter. (c) Reapplication permitted after one year. In all instances in which an application is denied under the provisions of this chapter the applicant may not reapply for a license for at least one year from the final date of such denial. Sec. 4-54 – 4-72. Reserved. DIVISION 3. QUALIFICATIONS Sec. 4-73. Applicants. (a) No license issued pursuant to this chapter for alcoholic beverages shall be granted to any person who is not a citizen of the United States or an alien lawfully admitted for permanent residence. (b) If the applicant is a partnership or corporation, the provisions of this section shall apply to all its partners, officers and majority stockholders. Issuance of the license shall be as follows: (1) In the case of a corporation, the license shall be issued jointly to the corporation and the majority stockholder, if an individual. If the majority stockholder is not an individual, the license shall be issued jointly to the corporation and its registered agent under the provisions of this chapter. (2) In the case of a partnership, the license will be issued to all the partners owning at least twenty (20) percent of the partnership; or if no partner owns twenty (20) percent of the partnership, then the general partner, managing partner or the partner with the greatest ownership will be licensed. (c) No person shall be granted any alcoholic beverage license unless it shall appear to the satisfaction of the city manager or his or her designee that such person, partners in the firm, officers and directors of the corporation have not been convicted or plead guilty or entered a plea of nolo contendere, and has been released from parole or probation, to any crime involving: 9 (1) Moral turpitude; (2) Illegal gambling; (3) Illegal possession or sale of controlled substances; (4) Illegal possession or sale of alcoholic beverages, including the sale or transfer of alcoholic beverages to minors in a manner contrary to law; (5) Keeping a place of prostitution; (6) Pandering; (7) Pimping; (8) Public indecency; (9) Prostitution; (10) Solicitation of sodomy; or (11) Any sexually related crime within a period of ten (10) years immediately prior to the filing of such application. (d) No license issued pursuant to this chapter for alcoholic beverages shall be granted to any person convicted under any federal, state or local law of any felony, within ten years prior to the filing of application for such license. (e) It shall be unlawful for any city employee directly involved in the issuance of alcoholic beverage licenses under this chapter to have any whole, partial or beneficial interest in any license to sell alcoholic beverages in the city. (f) No license issued pursuant to this chapter for alcoholic beverages shall be granted to any person who has had any license issued under the police powers of any jurisdiction within the state previously revoked within two years prior to the filing of the application. (g) The city manager or city council may decline to issue a license when any person having any ownership interest in the operation of such place of business or control over such place of business does not meet the same character requirements as set forth in this section for the licensee. (h) All applicants for any alcoholic beverage license must be of good character, and all operators, managers, clerks, or other employees shall be of like character. Corporate or firm applicants shall be of good business reputation. (i) A license application may be denied to any applicant for any alcoholic beverage license where it appears that the applicant would not have adequate financial participation in the proposed business to direct and manage its affairs, or where it appears that the application is intended to be a mere surrogate for a person who would not otherwise qualify for a license for any reason whatsoever. Sec. 4-74. Effect of prior criminal history; exceptions. (a) An applicant’s first time conviction for illegal possession of alcohol as a misdemeanor or violation of a city ordinance shall not, by itself, make an applicant ineligible for an alcoholic beverage license. (b) For purposes of this chapter, a conviction or plea of guilty or nolo contendere shall be ignored as to any offense for which a defendant who was allowed to avail themselves of the state first offender provisions, O.C.G.A. § 42-8-60 et seq. Except, however, that any such offense shall not be ignored where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and the sentencing court entered an adjudication of guilt 10 as to the crime for which the defendant had previously been sentenced as a first offender. Sec. 4-75. City manager permitted discretion concerning qualifications. (a) The city manager and city council, in their discretion, may consider any extenuating circumstances which may reflect favorably or unfavorably on the applicant, the application, or the proposed location of the business. (b) If, in the city manager’s or city council’s judgment, circumstances are such that granting of the license would not be in the general public’s best interest, such circumstances may be grounds for denying the application. Sec. 4-76 – 4-95. Reserved. DIVISION 4. LIMITATIONS AND REQUIREMENTS Sec. 4-96. Registered agent required. All licensed establishments must have and continuously maintain in Fulton County, Georgia, a registered agent upon whom any process, notice or demand required or permitted by law or under this chapter to be served upon the licensee or owner may be served. This person must be a resident of the county. The licensee shall file the name of such agent, along with the written consent of such agent, with the city manager and shall be in such form as her or she may prescribe. Sec. 4-97. Display of license at place of business required. The city alcoholic beverage license shall at all times be kept plainly exposed to view to the public at the place of the business of the licensee. Sec. 4-98. Notice of change in management required. If the manager of the licensed premises changes, the licensee must furnish the city treasurer’s office with the name and address of the new manager and other information as may be required by the city council within ten days of such change. Sec. 4-99. Transferability of license. (a) No license for the sale of alcoholic beverages shall be transferable, except as otherwise provided in this section. (b) In case of the death of a licensee, the establishment shall be allowed to continue to sell alcoholic beverages, or allow for brown bagging, for a period of 45 days from the date of death, or until the expiration of the license, or until approval of a new licensee, whichever shall first occur; provided that no sale of alcoholic beverages shall be allowed until such time as a personal representative of the estate, appointed by a probate court of competent jurisdiction, shall make an application for authorization with the city manager. (c) If a licensed establishment is sold to a new owner, the license of the establishment shall be immediately void. If a license is surrendered or a licensee severs his or her association with a licensed establishment but there is no change in ownership, the establishment may continue to sell alcoholic beverages, or allow brown bagging, for 11 a period of 45 days from the date of surrender, or from the date determined by the city manager to be the date of severance; provided no such sale, or brown bagging shall be authorized until such time as a new application for a license is made. The application shall indicate that no change of ownership has occurred, except as excepted in this section. Upon issuance of a new license, the authorization to sell or allow brown bagging under the previous license shall be revoked by operation of law. No additional license fees shall be required during the period for which the original license was issued. (d) Nothing in this section, however, shall prohibit one or more of the partners holding a license to withdraw from the partnership in favor of one or more of the partners who were partners at the time of the issuance of the license. This section shall not prohibit transfer of stock between persons who held stock in the corporation at the time of issuance of the license nor shall it prohibit transfers of stock which do not result in any person increasing his or her stock holdings to a total of ten percent or more of any class of stock. (e) Except as provided in subsections (a) through (d) of this section, any change in the ownership of any entity owning a licensed establishment shall cancel and revoke any license pursuant to this chapter automatically, without the necessity of any hearing. (f) Violation of this section shall result in the revocation of the license being used and a fine on the new ownership and the old ownership as provided in this chapter. (g) No license will be issued to the old or the new owner in the city for one year from the date of the violation of this section. (h) Should a licensee make application to the city manager for a transfer of location and should such a transfer of a location be approved, with no change of ownership of the business, the license fee paid for the previous license shall be applied to the new location. Each applicant for a transfer of location shall pay a transfer fee as set forth from time to time by city council resolution. Sec. 4-100. Audits. (a) If the city manager deems it necessary to conduct an audit of the records and books of the licensee, he or she shall notify the licensee of the date, time and place of the audit. The city manager may designate the city’s internal auditor or other designated person to perform any audit authorized in this Code. The licensee shall cooperate with the audit or forfeit any license issued under this chapter. (b) All establishments possessing a retail consumption, retail package, and/or wholesale license must maintain the following records for three years and make them available for audit at the licensed premises: (1) Monthly income or operating statements. (2) Daily sales receipts showing liquor, beer, wine and food sales separately (this requirement does not apply to package beer and wine licensees). (3) Daily cash register receipts such as Z Tapes or guest tickets. (4) Monthly state sales and use tax reports. (5) Federal income tax return with all Form 1099s. (c) The city manager can waive all or some of the requirements of subsection (b) of this section if the city manager finds that no such records exist and it is not financially 12 practically-based on the net income of the licensed establishment to require them to keep such records. Sec. 4-101. Expiration; renewal. (a) All licenses granted under this chapter shall expire on December 31 each year. Licensees shall be required to file a renewal application with the requisite fee with the city manager on the form provided for a new or renewal license for the ensuing year. (b) The applicant for renewal shall be required to comply with all rules and regulations for the granting of licenses each year, including the submittal of the required data in order to meet criminal investigative compliance each renewal year. (c) Alcoholic beverage license renewal applications and payments are due on or before November 15 of each year. Renewal applications and payments received between November 16 and December 15 are subject to a ten percent late fee. (d) Businesses failing to renew their alcoholic beverage licenses prior to December 15 must reapply for an alcoholic beverage license in which the application will be treated as if no previous license had been held, including the need to review the investigative, zoning, and distance requirements. Applicant shall pay the ten percent penalty along with other fees associated with a new application. Sec. 4-102. Automatic forfeiture of license for nonuse. (a) All holders of licenses permitting the sale of alcoholic beverages must within six months after the issuance of said license, open for business the establishment referred to in the license. Failure to open the licensed establishment within six months after the issuance of such license shall serve as cause for the revocation of such license, and no refund of license fees shall be made to the license holder. A three-month extension to the six-month period may be granted by the city manager if requested within the said six-month period. (b) Any holder of any license under this chapter who shall for a period of three consecutive months after the license has been issued cease to operate the business and sale of the products authorized shall, after the three month period, automatically forfeit the license without the necessity of any further action. Secs. 4-103 – 4-121. Reserved. DIVISION 5. ENFORCEMENT Sec. 4-122. Suspension or revocation of license. (a) The term “due cause,” for the purpose of suspension or revocation of a license means: (1) The violation of any laws or ordinances regulating the business; (2) The violation of any local, state or federal law; (3) Any reason which would authorize the city to refuse the issuance of a license; or (4) Any violation of this chapter. (b) No alcoholic beverage license having been issued shall be suspended or revoked except for due cause. 13 (c) The city council shall be authorized to suspend or revoke an alcoholic beverage license or impose other penalties upon the licensee under the conditions set forth in this section. (d) Prior to suspending or revoking a license (except as provided in Sec. 4-127 of this chapter), the city manager shall give at least ten days’ prior written notice to the licensee of the time, place, and purpose of the hearing, and a statement of the charges upon which the hearing before the city council shall be held in accordance with subsection (e) of this section. Service of such notice shall be by personal service on the registered agent by a city police officer or code enforcement officer. If personal service fails, the notice shall be mailed by certified mail to the registered agent at the address provided and to the named licensee at the licensed premises. Delivery shall be deemed to take place on the third day following deposit in the United States mail. (e) Sufficient grounds for the immediate suspension or revocation of a license, or the imposition of other penalties include, but are not limited to, the following: (1) A licensee has failed to open for business within six months after approval of the license. (2) A licensee has ceased to operate the business for a period of three consecutive months. (3) A licensee’s state license or permit for the sale of alcoholic beverages has been revoked. (4) A licensee, or such licensee’s employee or agent, has sold alcoholic beverages or allowed brown bagging during a period of suspension. (5) A licensee gave fraudulent or untruthful information in the original application or renewal process for an alcoholic beverage license. (6) A licensee has failed to maintain any and all of the general qualifications applicable to the initial issuance of a license as set forth in this chapter. (7) A licensee, or such licensee’s employee or agent, has been convicted or plead guilty or nolo contendere to a crime involving: a. Moral turpitude; b. Illegal gambling; c. Illegal possession or sale of controlled substances; d. Illegal possession or sale of alcoholic beverages (including the sale or transfer of alcoholic beverages and the sale or transfer of alcoholic beverages to minors in a manner contrary to law); e. Keeping a place of prostitution; f. Pandering; g. Pimping; h. Public indecency; i. Prostitution; j. Solicitation of sodomy; or k. Any sexual related crime. Sec. 4-123. Enforcement of this chapter. (a) If a licensee violates any provision of this chapter, excluding sales to underage persons, allows brown bagging or serves or sells any alcoholic beverage to any 14 person that the licensee or the licensee’s employee or agent knew or should have known was in a state of intoxication, or failure of any licensee to pay any tax, license fee, fine or other amount due to the city under this chapter or any other licensing ordinance of the city shall subject the licensee to the following progressive actions by the city council, except for those violations and occurrences set forth in section 4-122 above that provide for immediate suspension or revocation upon notice and hearing: (1) The first violation in a twelve month period shall result in a mandatory hearing before the city council and a warning or a license suspension for a period of up to 30 days. (2) The second violation within a consecutive twelve-month period shall result in a mandatory hearing before the city council and a license suspension for a period of up to 60 days. (3) The third violation within a consecutive twelve-month period shall cause the revocation of the license and result in a mandatory hearing before the city council and the inability of the licensee to obtain a license from the city for a term of three years from the date of revocation. (b) If a licensee or employee of such licensee is convicted for the violation of O.C.G.A. § 3-3-23 or section 4-558 relating to the sale of alcoholic beverages to any person under 21 years of age, the following penalties shall apply. For purposes of this paragraph, a plea of nolo contendere or the forfeiture of bond shall constitute a conviction. (1) The first offense shall result in a mandatory hearing before the city council, a license suspension for a period of up to 30 days and a minimum fine in magistrate court of $500.00. (2) The second offense within a consecutive 24-month period shall result in a mandatory hearing before the city council, a license suspension for a minimum period between seven and 60 days, and a minimum fine in magistrate court of $750.00. (3) The third offense within a consecutive 24-month period shall result in a mandatory hearing before the city council, revocation of the license absent a showing of mitigating circumstances deemed sufficient in the discretion of the city council to allow retention of the license, and a minimum fine in magistrate court of $1,000.00. (c) For any license suspension of less than 30 days, the licensee will not be required to remove alcoholic beverages from the premises, but shall be required to secure with lock and chain all refrigeration units containing alcoholic beverages, and remove non-refrigerated alcoholic beverages to an on-premise locked storage area out of view of the public. (d) Nothing contained in this chapter shall be construed to preclude the city council from suspending or revoking an alcoholic beverage license or pouring permit for a period exceeding those periods as described in this section if the city council determines in their discretion that such action is necessary and in the best interest of the public health, safety and welfare of the city. (e) In addition to the available actions to be taken by the city council, individuals who violate this chapter shall be subject to criminal citation and prosecution by the city. Each violation of this chapter shall constitute a separate offense subject to a 15 separate citation and penalties. The criminal penalties may result in a fine not to exceed $1,000.00, imprisonment not to exceed 60 days, or both. Sec. 4-124. Hearing procedures on denial, suspension or revocation. (a) Applicants shall be given a hearing on the following grounds: (1) The application for a license or renewal of a license has been denied by the city manager. (b) Any denial of any such license or permit by the city manager shall be appealable to the city council by the applicant's filing a notice of appeal with the city manager or designee within 30 days of receiving notice of such denial. Any such appeal shall be subject to de novo review. A hearing before the city council shall be scheduled within 30 days following the receipt by the city manager or designee of the applicant's notice of appeal. (c) The decision of the mayor and council in the hearing provided for in this section shall be final unless the licensee applies to the Superior Court of Fulton County by filing a petition for a writ of certiorari within 30 days of the decision rendered by the council. Sec. 4-125. Mitigating factors. The penalties for the licensee may be mitigated by the city council upon presentation of evidence that the licensee established practices and procedures to prevent the violation from occurring. Such mitigating factors may include: (a) Whether the licensee conducts its own “secret shopper” or internal “sting” operations. (b) The degree to which the licensee has procedures in place to monitor its servers for compliance with the ordinance. (c) Whether the licensee enforces a zero-tolerance policy in which employees are terminated for any violation of this ordinance. (d) Other evidence demonstrating the licensee’s efforts to comply with the ordinance and prevention of underage drinking in the licensed establishment and the community at large. Sec. 4-126. Inspection of licensed establishment by police department. (a) Sworn officers of the police department shall have the authority to inspect establishments licensed under the city’s alcoholic beverages ordinance during the hours in which the premises are open for business. These inspections shall be made for the purpose of verifying compliance with the requirements of this chapter and state law. (b) This section is not intended to limit the authority of any other city officer to conduct inspections authorized by other provisions of this ordinance. Sec. 4-127. Emergency suspension of sales. The city manager and chief of police are each authorized to suspend the sale of alcoholic beverages under any license for any emergency situation when it deems such suspension necessary for the protection of the public health, safety or welfare. Such suspension may be 16 made effective immediately and shall remain in force until the city manager or chief of police determine the emergency is over or until the next meeting of the city council, at which time the mayor and city council shall decide whether the suspension shall cease or be extended. Sec. 4-128. Licensee and employees to be familiar with terms. Each alcoholic beverage dealer licensed under this chapter shall keep a copy of this chapter in the licensed premises and shall instruct any person working there with respect to the terms of this chapter; and each licensee, the licensee’s agents and employees selling alcoholic beverages shall at all times be familiar with the terms of this chapter. Secs. 4-129 – 4-166. Reserved. ARTICLE III. TEMPORARY AND SPECIAL EVENTS LICENSES Sec. 4-167. Temporary licenses. (a) Authority. The city manager is hereby authorized to issue temporary licenses for the sale of alcoholic beverages, either malt beverages, wine and/or distilled spirits, subject to the conditions set forth in this section. (b) Not to exceed 60 days; requirements. Temporary licenses may be issued for such period as may be determined by the city manager, not to exceed 60 days. No such license shall be issued unless: (1) An application for a permanent license is filed with the city manager and payment in full of the fee thereof has been deposited with the city. (2) The city manager is satisfied that the location for the proposed license substantially complies with the provisions of this section authorizing such license in the city. (3) The denial of a temporary license would create undue hardship upon the applicant, such as the closing of an existing business or delaying of the opening of a new business. (4) There is an agreement by the applicant that the temporary license may be revoked, with or without cause, by the city manager at any time. (c) Fee. The fee for issuance of a temporary license under this section shall be established from time to time by the city council. (d) No bearing on decision for permanent license. The grant or denial of a temporary license under the provisions of this section shall not affect or have any bearing upon the grant or denial of a permanent license. Sec. 4-168. Special event permit. (a) For currently licensed consumption-on-premises establishments. A special event permit may be issued to any establishment duly licensed by the city to sell alcoholic beverages for consumption on the premises to allow such establishment to sell alcoholic beverages for consumption within the fixed boundaries of the physical area where a special event is held; provided the term of such permit shall not exceed ten days in any one year for an approved special event. The licensee must submit an application and pay the non-refundable fee that may be required from time to time by ordinance and, in relation to the special event permit, shall be required to comply with all of the general ordinances and the licensing and 17 regulations associated with its consumption on premises license with the exception of the full service kitchen requirement. Notwithstanding any other term or prohibition in this article, the holder of the special event permit may be authorized, upon terms and conditions identified by the city manager, to pour alcohol at the special event and allow open container consumption within the fixed boundaries of the physical area where the special event is to be held. The special event must meet the following criteria prior to the issuance of a license to sell alcoholic beverages: (1) The event must have been permitted as an approved special event, as described in Section 64-1596 of Chapter 64 prior to the issuance of a special event permit. (2) The special event must receive approval from the city police department on crowd control and security measures. (3) The special event must receive approval from the city public works department on traffic control measures. (b) For non-profit civic organizations. A special event permit may be issued to any bona fide non-profit organization for a period not to exceed ten days in any one year for an approved special event. The person must submit an application and pay the nonrefundable fee that may be required from time to time by ordinance and shall be required to comply with all of the general ordinances and the licensing and regulations for a consumption on the premises establishment with the exception of the full-service kitchen requirement. Notwithstanding any other term or prohibition in this article, the holder of a special event permit may be authorized, upon terms and conditions identified by the city manager, to pour alcohol at the special event and allow open container consumption within the fixed boundaries of the physical area where the special event is to be held. In the event that open container consumption is so authorized within the fixed boundaries of the physical area where the special event is to be held, any other holder of an on-premises consumption license whose licensed premises is located entirely within the fixed boundary of the special event site shall likewise be authorized to allow open container alcohol consumption within the special event boundary. This open container consumption accommodation shall only be authorized, if at all, during the term of the special event. Any employee or volunteer of the special event licensee, working the special event in any position dispensing, selling, serving, taking orders or mixing alcoholic beverages shall not be required to obtain a pouring permit for the special event. The special event must meet the following criteria prior to the issuance of a license to sell alcoholic beverages: (1) The event must have been permitted as an approved special event, as described in Section 64-1596 of Chapter 64, prior to the issuance of a special event permit. (2) The special event must receive approval from the city police department on crowd control and security measures. (3) The special event must receive approval from the city public works department on traffic control measures. 18 (4) The special event must be associated with and benefit the cause of a charitable or civic organization. (c) Not to be issued for brown bagging. Brown bagging is not allowed at any special event as defined in this chapter. (d) Police chief’s authority to revoke. The police chief or his or her designee may immediately revoke any temporary license for a special event if it is determined continued alcohol sales may endanger the health, welfare or safety of the public. (e) Indemnification required. As a condition on the issuance of a special event permit, the licensee shall indemnify and hold the city harmless from claims, demand or cause of action which may arise from activities associated with the special event. Secs. 4-169 – 4-177. Reserved. ARTICLE IV. RETAIL PACKAGE SALES DIVISION 1. GENERALLY Secs. 4-178 – 4-187. Reserved. DIVISION 2. MALT BEVERAGES AND WINE Sec. 4-188. Type of retail establishment. No packaged beer, wine or malt beverage shall be sold at retail except in: (a) Establishments duly licensed by the city to sell packaged beer, malt beverages and/or wine, or (b) Establishments maintaining 50 percent of the floor space and storage area in a manner which is devoted principally to the retail sale of grocery products and located in zoning districts in which these establishments are permitted as a conforming use or in districts where existing establishments exists as a non- conforming use. Sec. 4-189. Hours and days of operation. (a) Retail package licensees shall not engage in the sale of beer or malt beverages and/or wine except between the hours of 7:00 a.m. and 12:00 midnight Monday through Saturday and on Sundays between the hours of 12:30 p.m. and 11:30 p.m. (b) Retail package beer and/or wine shall not be sold at any time in violation of any local ordinance or regulation or of any special order of the governing authority. Sec. 4-190. Use of tags or labels to indicate prices. Retailers shall indicate plainly, by tags or labels on the bottles or containers or on the shelf immediately below where the containers are placed, the prices of all beer and wine exposed or offered for sale. Sec. 4-191. Single cans/bottles or other containers permitted for sale. Single cans or bottles or other containers of alcoholic beverages may be sold at retail. 19 Sec. 4-192. Growlers. (a) The sale of growlers is authorized in establishments authorized to sell beer, malt beverages, and wine by the package, but shall not occur in establishments that also sell distilled spirits by the package. (b) The filling of growlers by means of a tapped keg shall not constitute the breaking of a package as contemplated by O.C.G.A. § 3-3-26 or this section. (c) Growlers may only be filled from kegs procured by the licensee from a duly licensed wholesaler. (d) Only professionally sanitized and sealed growlers may be filled and made available for retail sale. (e) Each growler must be securely sealed and removed from the premises in its original sealed condition. (f) Consumption on the premises is strictly prohibited; however, samples of beers available for sale in a growler may be made available, but shall not exceed one ounce nor shall any one individual be offered more than three samples within a calendar day. Sec. 4-193. Ancillary wine tasting. (a) The holder of a wine-only package store license shall be eligible for an ancillary wine tasting license to provide samples of wine offered for sale to customers under the conditions set forth in this section. (b) Wine sampling shall be on limited occasions when a customer requests a sample of a wine offered for sale within the premises or in conjunction with wine education classes and sampling designed to promote wine appreciation and education. (c) Wine tasting for customers shall only be conducted at a wine counter area constituting no more than ten percent of the entire floor area of the premises. (d) Wine sampling for customers shall be limited to one consecutive two -hour period in any one day. Samples shall not exceed two ounces, and no customer shall consume more than eight ounces in any two-hour period. (e) Wine bottles shall be opened only by the licensee or an employee, and samples shall only be poured by the licensee and/or an employee. (f) No open containers of wine shall be removed from the licensed premises. (g) Not more than one time per week for a period of not to exceed two consecutive hours on any given day, the holder of an ancillary wine tasting license may conduct educational classes and sampling for classes. All conditions of sampling set forth in this section shall apply to such classes, except for the limitation on floor areas where the classes can be conducted. (h) Holders of an ancillary wine tasting permit shall not charge for samples or tastings, but may accept donations for a charitable organization of their choice. (i) Wine sampling and tasting is only permitted within the enclosed portion of the premises. (j) There will be an annual fee to obtain an ancillary wine tasting permit as set forth from time to time by the city council. Secs. 4-194 – 4-210. Reserved. 20 DIVISION 3. DISTILLED SPIRITS Sec. 4-211. Type of retail establishment. (a) No distilled spirits by the package shall be sold at retail except in: (1) Retail establishments devoted exclusively to the retail sale of alcoholic beverages by the package; (2) Retail establishments in which space has been set aside devoted exclusively to the retail sale of distilled spirits by the package, with ingress and egress provided directly to and only to the exterior of the building in which the facility is located and not to any other enclosed part of the building in which the facility is located. (b) Nothing in this section shall prohibit the retail sale within these establishments of liquid commodities and mixes normally used in the preparation and serving of distilled spirits. Sec. 4-212. Distance requirement. (a) No retail package liquor licensed place of business shall be licensed to operate within 500 yards of any other business licensed to sell package liquor at retail, as measured by the most direct route of travel on the ground. (b) The distance provision shall not apply to any hotel licensed under this chapter. (c) The restriction provided for in this section shall not apply to any location (i) for which a license has been issued prior to July 1, 1997, nor the renewal of such license or (ii) for which a new license is applied for if the sale of distilled spirits was lawful at such location at any time during the 12 months immediately preceding such application. Sec. 4-213. Hours and days of operation. (a) Retail package licensees shall not engage in the sale of distilled spirits except between the hours of 7:00 a.m. and 12:00 midnight Monday through Saturday and on Sundays between the hours of 12:30 p.m. and 11:30 p.m. (b) Retail package distilled spirits shall not be sold at any time in violation of any local ordinance or regulation or of any special order of the governing authority. Sec. 4-214. Use of tags or labels to indicate prices. Retailers shall indicate plainly, by tag or labels on the bottles or containers or on the shelf immediately below where the bottles or containers are placed, the prices of all distilled spirits exposed or offered for sale. The retailer shall not display prices or brand names in such a way as to be visible from the outside of the establishment. Secs. 4-215 – 4-221. Reserved. DIVISION 4. SPECIALTY GIFT SHOPS Sec. 4-222. General provisions. 21 (a) Notwithstanding any other provision of this chapter to the contrary, a limited exception to the provisions of sections 4-47 and 4-188 shall exist for the owners of specialty gift shops provided that the owner shall first obtain a specialty gift shop alcohol permit as hereinafter provided and the only sale of alcohol by the owner is through the sale of gift items, as described in the definition of “specialty gift shop” provided in section 4-1, and not for consumption on the premises. (b) All persons desiring to engage in activities permitted by this section shall submit a written application to the city manager for a specialty gift shop alcohol permit on forms prescribed by the city. All applications shall be accompanied by the payment of the fee as set forth from time to time by the city council. If the application is denied, or if the applicant withdraws the application prior to its approval, any sums deposited as license fees will be refunded (without interest) less applicable processing fees for completed tasks. The application shall include the name and address of the applicant, the address of the business location, and the name and address of the manager. If the manager changes, the applicant must furnish the city manager with the name and address of the new manager and any other information, as requested, within ten days of such change. The applicant must meet the character requirements of this article. All applications shall be sworn to by the applicant before a notary public or other officer authorized to administer oaths. (c) Any untrue or misleading information contained in, or material statement omitted from, an original or renewal application for a specialty gift shop alcohol permit shall be cause for the denial or revocation thereof. (d) Except as set forth in this section, a holder of a specialty gift shop alcohol permit must comply with all eligibility requirements set forth in this chapter. Secs. 4-223 – 4-230. Reserved. ARTICLE V. SALES FOR CONSUMPTION ON PREMISES DVISION 1. GENERALLY Sec. 4-231. Locations where permitted (a) No alcoholic beverages may be sold by the drink for consumption on the premises where sold except: (1) In eating establishments regularly serving prepared food, with a full-service kitchen (as defined in section 4-1), prepared to serve food every hour they are open; or (2) At a publicly-owned golf course. (b) This section shall not apply to private clubs or establishments that solely allow brown bagging. Sec. 4-232. Hours and days of sale. Alcoholic beverages for consumption on premises shall be permitted only during the following hours and days of the week, as indicated: (a) Monday through Saturday, from 9:00 a.m. until 2:00 a.m. of the following day. 22 (b) Sunday from 12:30 p.m. until 2:00 a.m. of the following day; provided, however, any licensed establishment which serves alcohol on Sunday shall derive at least 50 percent of its total annual gross sales from the sale of prepared food or meals. (c) All licensed premises shall close their premises to the public and clear the premises of patrons within 30 minutes after the time set in this section for discontinuance of the sale of alcoholic beverages on the premises. (d) The licensed business shall open its business each day it is open by not later than 5:00 p.m. This section shall not apply to private clubs. Sec. 4-233. Promotions and sales. (a) No licensee or employee or agent of a licensee, in connection with the sale or other disposition of alcoholic beverages for consumption on the premises, shall: (1) Offer or deliver any free alcoholic beverage to any person or group of persons. (2) Deliver more than two alcoholic beverages to one person at a time, however, nothing herein shall prohibit a brewpub from offering a sampler of malt beverages in containers not exceeding four ounces. Each sampler shall not exceed four different types of malt beverages. (3) Sell, offer to sell, or deliver to any person or group of persons any alcoholic beverage at a price less than the price regularly charged for such alcoholic beverage during the same calendar week, except at private functions not open to the public. (4) Sell, offer to sell, or deliver to any person or group of persons an unlimited number of alcoholic beverages during any set period of time for a fixed price, except at private functions not open to the public. (5) Sell, offer to sell, or deliver to any person or group of persons any alcoholic beverages on any one day at prices less than those charged the general public on that day, except at private functions not open to the public. (6) Sell, offer to sell, or deliver alcoholic beverages, including malt beverages, in any container which holds more than 32 fluid ounces (0.947 liters), except to two or more persons at any one time. (7) Increase the volume of alcohol contained in a drink without increasing proportionately the price regularly charged for such alcoholic beverage during the same calendar week. (8) Encourage or permit on the licensed premises any game or contest which involves the drinking of alcoholic beverages or the awarding of alcoholic beverages as a prize. (b) Each licensee shall maintain a schedule of the price charged for all alcoholic beverages to be served and consumed on the licensed premises or in any room or part thereof. The licensee shall not vary the schedule of prices from day-to-day or from hour-to-hour within a single day. The schedule of prices shall be posted in a conspicuous manner so as to be in view of the paying public, and the schedule shall be effective for not less than one calendar week. (c) No licensee shall advertise or promote in any way, whether within or without the licensed premises, any of the practices prohibited under this section. (d) No provision of this section shall be construed to prohibit licensees from : 23 (1) Offering free food or entertainment at any time; (2) Including an alcoholic beverage as part of a meal package; or (3) Selling or delivering wine by the bottle or carafe when sold with meals or to more than one person. (e) It is the intent of this section to prohibit activities typically associated with promotion referred to as “happy hour” or similarly designated promotions. (f) The police department shall have the responsibility for the enforcement of this chapter. (g) No licensee may require the purchase of any alcoholic beverage as a part of or prerequisite to the purchase of any other product or service. If alcoholic beverages are included as part of a package of other goods and services, the alcoholic beverages must be priced separately and all customers must be allowed to purchase the remaining goods and services without the alcoholic beverages at a price from which the full price of the alcoholic beverages has been deducted. (h) It shall be unlawful for any sales to be made outside of area on or about the premises, or place of business licensed for such sale except as permitted herein. (i) It shall be unlawful for any person except a licensee, his or her manager, or agent in charge of the licensed premises, to carry into or have in his or her possession on any licensed premises, any alcoholic beverages in the original package the seal of which has been broken or the original package opened; provided that this section shall not apply to private clubs or brown bagging. Sec. 4-234. Store inventory only on premises. No retail consumption dealer licensed under this chapter shall keep any alcoholic beverage at any place except the licensed place of the business. No retail consumption dealer shall be permitted to enter into any type of arrangement whereby alcoholic beverages ordered by a licensee are stored by a licensed wholesaler. Sec. 4-235. Pouring permits required. The following regulations shall apply to all establishments holding a license for consumption of alcoholic beverages on the premises: (a) No person shall be employed to dispense, sell, serve, take orders, mix alcoholic beverages, or serve in any managerial position, by an establishment holding a license under this chapter until such person has been cleared by the chief of police or his or her designee, indicating that the person is eligible for such employment. (b) This section shall not be construed to include volunteer groups with nonprofit tax exempt status from the Internal Revenue Service whose volunteer efforts financially benefit a nonprofit organization with no direct financial benefit, either by wages, tips or donations, to the individual volunteer. No volunteer under the age of 18 years shall be allowed to dispense, sell, serve, take orders or mix alcoholic beverages. Employees of a licensed establishment whose duties are limited solely to those of busboy, cook, or dishwasher shall also be excluded from this section. (c) No pouring permit shall be issued until such time as a signed application has been filed with the city manager or his or her designee and upon paying a fee which shall be established by the mayor and city council, and a search of the criminal record o f the applicant completed. The application shall include, but not be limited to, name, 24 date of birth, and social security number. These applications and the resulting criminal investigative report shall be regarded as confidential and shall not be produced for public inspection without a court order. (d) The chief of police or his or her designee shall have a complete and exhaustive search made relative to any police record of the applicant. If there is no record of a violation of this chapter, the chief of police or his or her designee shall approve the issuance of a permit to the person, stating that the person is eligible for employment. If it is found that the person is not eligible for employment, the chief of police or his or her designee shall notify the person, in writing, that they are not eligible for employment, the cause of such denial and their right to appeal. (e) Crimes preventing the possession of a pouring permit: (1) No person shall be granted a pouring permit who has, within five years of the date of applying for a pouring permit, been convicted of or pled guilty or entered a plea of nolo contendere to any crime involving: a. Moral turpitude; b. Illegal gambling; c. Illegal possession or sale of controlled substances; d. Illegal possession or sale of alcoholic beverages (including the sale or transfer of alcoholic beverages to minors in a manner contrary to law); e. Keeping a place of prostitution; f. Pandering; g. Pimping; h. Public indecency; i. Prostitution; j. Solicitation of sodomy; or k. Any sexual related crime. Or, at the time of applying for a pouring permit, is then on parole or probation for any of the criminal offenses identified in this subsection. (2) No person shall be granted a pouring permit who has been convicted, plead guilty or entered a plea of nolo contendere to any federal, state, or local law for any felony within five years of the date of conviction and has not been released from parole or probation prior to the filing for application for such permit. For purposes of this chapter, a conviction or plea of guilt or nolo contendere shall be ignored as to any offense for which defendant who was allowed to avail himself or herself of the state first offender provisions, O.C.G.A. §48-8-98 et seq. Except, however, that any such offense shall not be ignored where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and the sentence in court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender. (f) An alcoholic beverage pouring permit shall be issued for a period of one calendar year from the date of the original application. As noted in subsection (l) of this section, the alcoholic beverage pouring permit must be in the possession of the employee while the employee is working at the licensed establishment and shall be available for inspection by members of the police department or the city manager’s staff. 25 (g) All persons employed to dispense, sell, serve, take orders, mix alcoholic beverages or serve in any managerial position in any establishment licensed under this chapter shall be required to complete an alcohol awareness training program to become a certified alcohol awareness server, as defined in section 4-236, as a condition to the privilege of continuing to maintain a valid alcohol pouring permit. (h) No person shall be issued a permit if it is determined that the person falsified, concealed or covered up any material fact by any device, trick or scheme while making application to the city for an alcoholic beverage pouring permit under this section. If it is determined that a person is in violation of this subsection and a permit is denied for this reason, then 30 calendar days must elapse from the date of notification per certified mailing before a new application and fee may be resubmitted. (i) All permits issued through administrative error can be terminated and seized by the chief of police or his or her designee or the city manager or his or her designee. (j) A replacement permit will be issued within 30 days of the original date, upon paying one-half of the fee charged for an original alcoholic beverage pouring permit. After 30 days of original application date, a new application and fee must be submitted. (k) All permits issued under this chapter remain city property and shall be produced for inspection upon demand of any city police officer or code enforcement officer. (l) No licensee shall allow any employee or manager required to hold a permit to work on the premises unless the employee or manager has in his or her possession a current valid city pouring permit. For new employees, an application for a permit must be made within five calendar days of date of initial employment. Licensees are required by this chapter to inspect and verify that each employee has in his or her possession a valid city alcoholic beverage pouring permit. (m) Any person convicted of any violation of this section shall receive a fine or license suspension or revocation as defined in section 4-123 of this chapter. Sec. 4-236. Alcohol awareness training required. (a) Required. Any person to whom an alcoholic beverage pouring permit is issued and all licensee’s managerial staff shall be required to complete an alcohol awareness training program within 30 days from the date the person is issued an alcoholic beverage pouring permit. (b) City treasurer to maintain list of approved programs. The city treasurer shall maintain a list of schools, training facilities and trade associations located in Fulton County, Georgia, that are authorized and approved by the city manager to conduct alcohol awareness programs for the purpose of training servers of alcohol in intervention procedures when customers become intoxicated. (c) Certificate. The training facilities shall issue, upon completion of the course, a certificate which shows the individual has fulfilled the requirement for the course and is certified as an alcohol awareness server. The cost of the course will be the responsibility of the licensed establishment that employs such server. (d) Establishment to maintain certificates in employees’ files and forward copy to city treasurer. The establishment employing individuals required to complete an alcohol awareness program shall obtain the certificates stating the employees have successfully completed the course and have the same delivered to the city treasurer 26 to be kept with the records of the employees having an alcoholic beverage pouring permit. (e) Failure to obtain certificate cause for suspension of pouring permit. The privilege of a person to continue having a valid alcoholic beverage pouring permit is conditioned upon completing an alcohol awareness program and having a certificate of course completion provided to the city in a timely manner. Failure to do so is cause for suspension of the person’s alcoholic beverage pouring permit. Sec. 4-237. Licensee to provide list of all employees involved with sale and/or handling of alcoholic beverages. It shall be the duty of the licensee to file with the city a list of the names, license numbers, addresses and telephone numbers of all present and prospective employees who are involved with the sale and/or handling of alcoholic beverages. The list is due twice annually during the month of June and again during the month of December. Sec. 4-238. Open area and patio sales regulations.The consumption and/or sale of alcoholic beverages may be allowed in open areas, sidewalks, decks, patios or similar unenclosed spaces on or about the premises of an establishment licensed to sell alcohol for consumption on the premises if written application is made to and approved by the city manager, or his or her designee, under such conditions as the city manager, or his or her designee, may deem appropriate for the protection of public health, safety and welfare including, but not limited to, maximum capacity, ingress and egress. The provisions of this article shall not be deemed to abrogate or otherwise impact any state law or local ordinance pertaining to public drunkenness, disorderly conduct, or similar laws. Sec. 4-239. Consumption outside premises prohibited; brown bagging. (a) Except as allowed by O.C.G.A. § 3-6-4, “Removal of partially consumed bottle of wine from premises,” or Article IX of this chapter, it is prohibited for customers with open alcoholic beverages to leave the area on or about the premises of an establishment licensed to sell alcohol for consumption on premises, and it is the licensee’s responsibility to ensure that no open beverages purchased at the establishment are carried beyond that area. In the event of brown bagging in accordance with this chapter, a partially consumed bottle of wine must be sealed by the licensee prior to removal from the premises and transported in accordance with O.C.G.A. § 40-6-253, “Consumption of alcoholic beverage or possession of open container of alcoholic beverage in passenger area.” However, nothing in this section shall be construed to prohibit the carrying out of wine or malt beverages for consumption at a publicly-owned or privately-owned golf course. (b) No entity may allow brown bagging without a license, and brown bag licensees must post notice stating “A partially consumed bottle of wine must be sealed by the licensee prior to removal from the premises and transported in accordance with O.C.G.A. § 40-6-253 in a conspicuous place at the main exit of the establishment.” Sec. 4-240. Physical requirements of premises. (a) The licensed premises shall be kept clean and shall be in full compliance with all city regulations governing the conditions of the premises. 27 (b) The licensee is required to maintain the exterior of the licensed premises, parking lot and all parts of the premises abutting public rights-of-way during all hours the business is open and to do an inspection of the premises within three hours after closing. The term “maintain” means keeping the defined areas free of bottles, cans, cups, trash and other litter. (c) All lounge and restaurant areas, including all tables, booths, and other areas where customers are served and including all passageways for customers, shall be kept clean and shall be sufficiently well illuminated so that they may be viewed by those on or about the premises. (d) The Fulton County Health Department shall regularly inspect such licensed premises to determine that such licensed premises are in compliance with all Fulton County and state health rules and regulations and report any violations to the city manager or his or her designee. (e) City fire personnel shall regularly inspect the premises to see that they are in compliance with all city, Fulton County and state fire regulations and report any violation to the city manager or his or her designee. (f) The city community development department shall regularly inspect the licensed premises to determine if the premises are in compliance with all technical codes of the city and Fulton County and report any violation to the city manager or his or her designee. (g) City police personnel shall periodically inspect the premises to determine if the licensed premises are in compliance with all provisions of this chapter and report any violation to the city manager or his or her designee. Sec. 4-241. Contents of bottles. It shall be unlawful for licensees hereunder to add to the contents of a bottle or to refill empty bottles or in any other manner to misrepresent the quantity, quality or brand name of any alcoholic beverage. Sec. 4-242. Indication of prices. All licensees hereunder, except private clubs, shall display in prominent places or on their menus, their current prices of alcoholic beverages by the drink. The licensee shall furnish to any customer that so desires an itemized bill of charges which shall not exceed the established price list. The city manager or his or her designee shall regularly inspect the records of all sales of alcoholic beverages for consumption on the premises and the total sales to determine that the licensee is in compliance with this article. Sec. 4-243. Conflicts with wholesaler or manufacturer prohibited. No financial aid or assistance to any licensee hereunder from any wholesaler or manufacture of wine or malt beverages or other alcoholic beverages shall be permitted. Sec. 4-244. Solicitation prohibited. No retail consumption dealers licensed under this chapter shall require, permit, suffer, encourage, or induce any employee or person to solicit in the licensed premises for himself or herself, or for any person other than the patron and guest of the patron, the purchase by the patron of any drink, whether an alcoholic beverage or nonalcoholic beverage or money with 28 which to purchase the beverage; nor shall any licensee pay a commission or any other compensation to any person frequenting his or her establishment or to his or her agent or manager to solicit for himself or herself or for the others, the purchase by the patron of any drink, whether an alcoholic beverage or nonalcoholic beverage or money with which to purchase the beverage. Secs. 4-245 – 4-253. Reserved. DIVISION 2. BREWPUBS Sec. 4-254. General provisions. (a) A brewpub license authorizes the holder of such license to: a. Manufacture on the licensed premises not more than 5,000 barrels of beer in a calendar year solely for retail on the premises and solely in draft form in an open container; b. Operate a restaurant that shall be the sole retail outlet for such beer. Such outlet may offer for sale any other alcoholic beverages produced by other manufacturers which are separately authorized for consumption on the premises by this article, including wine, distilled spirits, and malt beverages, provided that such alcoholic beverages are purchased from a licensed wholesaler for consumption on the premises only; and, provided, further, that in addition to draft beer manufactured on the premises, each brewpub licensee shall offer for sale commercially available canned or bottled malt beverages from licensed wholesalers for consumption on the premises only; and c. Notwithstanding any other provision of this section, sell up to a maximum of 500 barrels annually of such beer to licensed wholesale dealers for distribution to retailers and retail consumption dealers. (b) Possession of a brewpub license shall not prevent the holder of such license from obtaining another license authorized under this chapter for the same premises. (c) A brewpub license does not authorize the holder of such license to sell alcoholic beverages at retail by package for consumption off the premises. (d) A brewpub licensee shall not offer or permit any free sampling of beer by its customers on the premises. (e) A brewpub licensee shall pay all state and local license fees and excise taxes applicable to individuals licensed as manufacturers, retailers, and, where applicable, wholesalers. (f) Except as set forth in this section, a brewpub license holder shall be subject to all provisions of this chapter. Secs. 4-255 – 4-276. Reserved. DIVISION 3. PRIVATE CLUBS Sec. 4-277. General provisions. (a) Private clubs may sell and dispense alcoholic beverages upon compliance with all applicable city ordinances and regulations governing the sale of such beverages and 29 upon payment of such license fees and taxes as may be required by the existing ordinances, rules and regulations of the city. (b) No alcoholic beverage license shall be granted to a private club organized or operated primarily for the selling or serving of alcoholic beverages. (c) Veterans’ organizations, fraternal organizations, and other nonprofit organizations currently having tax exempt status under either the United States Internal Revenue Code or the state income tax law shall not be required to operate a food establishment serving prepared food. However, any such organization selling or dispensing alcoholic beverages, or allowing brown bagging, shall be subject to all ordinance regulations dealing with general licensing and consumption on the premise establishments. Secs. 4-278 – 4-296. Reserved. DIVISION 4. HOTEL AND HOTEL IN-ROOM SERVICE Sec. 4-297. General provisions. (a) A hotel is eligible to obtain a consumption on the premises only if the following requirements are met. The hotel must: (1) Be used and held out to the public as a place where food is served and consumed and sleeping accommodations are offered to guests for adequate pay; (2) Contain 50 or more rooms used for the sleeping accommodations of guests; and (3) Contain one or more public dining rooms, with adequate and sanitary full- service kitchen facilities. (b) A hotel may consist of a single building or may consist of two or more buildings located on the same premises and used in connection with the hotel operation. (c) A facility which is styled as a motel, motor lodge, inn, or other similar appellation may be licensed as a hotel if it meets the requirements of this section. (d) Notwithstanding any other provisions of this chapter to the contrary, any hotel (as the term “hotel” is commonly used and without regard to the requirements of this section), inn, or other establishment which offers overnight accommodations to the public for hire, may provide “in-room service” of alcoholic beverages if such establishment: (1) Holds a valid city consumption on premises license; and (2) Has been authorized to provide in-room service by the state. (e) For the purposes of this section, the term “in-room service” consists of: (1) The delivery of alcoholic beverages in unbroken packages by an employee of the hotel to a registered guest’s room or to a registered guest at any other location in the same building as the hotel when such alcoholic beverages have been ordered by the guest and when the guest shall be billed for the cost of such alcoholic beverages at the time of delivery and when the sale of such alcoholic beverages is completed at the time of delivery; and (2) The provision of a cabinet or other facility located in a hotel’s guest room which contains alcoholic beverages and which is provided upon request of the guest and which is accessible by lock and key only to the guest and for which the sale of alcoholic beverages contained therein is final at the time 30 requested except for a credit which may be given to the guest for any unused portion. (f) Except as otherwise provided in this section, in-room service of alcoholic beverages shall be subject to all restrictions and limitations in this chapter relative to the sale of alcoholic beverages. In-room service sales shall be authorized only on such days and only during such hours as indicated in section 4-232. (g) Distilled spirits sold pursuant to this section shall not be sold in packages containing less than 50 milliliters each. (h) All alcoholic beverages sold pursuant to this section shall be purchased from a licensed wholesale dealer and shall be subject to all taxes imposed under this chapter, including the excise tax on the retail sale of by the drink of alcoholic beverages containing distilled spirits. Secs. 4-298 – 4-316. Reserved. DIVISION 5. ALCOHOLIC BEVERAGE CATERERS Sec. 4-317. General provisions. (a) License requirements for resident caterers. (1) Annual Permit. i. Any caterer who possesses a valid city license to sell or otherwise dispense malt beverages, wine or distilled spirits by the drink for consumption on the premises within the city may apply for an off- premises license that permits sales of the same off premises at authorized catered events or functions other than “special events” as discussed in Sec. 4-168, which are separately licensed. ii. Any caterer who possesses a valid city license to sell malt beverages, wine or distilled spirits by the package for consumption off the premises within the city may apply for an off-premises license that permits sales of the same class of alcoholic beverages by the drink off premises at authorized catered events or functions. iii. Each off-premises catering license, authorized herein, shall be valid through December 31 for the year for which they are issued. The fee for each license (which shall not exceed $5,000) shall be set by resolution of the mayor and city council, and this fee shall remain in effect until modified or amended by subsequent resolution. (2) Authorized Event Permit. i. In order to distribute or sell malt beverages, wine or distilled spirits at an authorized catered function, a licensed alcoholic beverage caterer shall file an application for an off-premises event permit with the city manager or his or her designee at no additional fee. The application shall include the name of the caterer, the date, address and time of the event, the caterer’s license number and any other information the city deems necessary to review a request for such permit. (3) It shall be unlawful for any person to engage in, carry on or conduct the sale or distribution of alcoholic beverages off premises and in connection with 31 the catered event or function without first having obtained a license and event permit as provided herein. (b) Authorized Event Permit requirements for non-resident caterers. (1) A non-resident alcoholic beverage caterer shall submit an application for an off-premises event permit to the city manager or his or her designee. The fee for each such permit shall be $50.00 as authorized by O.C.G.A. § 3-11-3 (or such fee as may be authorized by any future amendment or revision thereto). (2) An application for an off-premises event permit shall include the name of the caterer, the date, address and time of the event, the licensed alcoholic beverage caterer’s state and local license number and expiration date, and name of the event and the quantity and type of alcoholic beverages to be transported from the licensee’s primary location to the location of the authorized catered event or function. (3) The original off-premises event permit shall be kept in the vehicle transporting the alcoholic beverages to the catered event or function. (4) It shall be unlawful for a licensed alcoholic beverage caterer to distribute, sell, or otherwise dispense alcoholic beverages off-premises except as authorized by the off-premises event permit. (c) A licensed alcoholic beverage caterer may sell or otherwise dispense only that which is authorized by its alcoholic beverage license. For example, if the alcoholic beverage caterer possesses a valid license to sell malt beverages, it may sell or otherwise dispense only malt beverages at the authorized catered event or function. (d) Excise taxes are imposed upon the sale of alcoholic beverages by resident caterers as provided in this chapter. Excise taxes are imposed upon the total of individual alcoholic beverages served by a non-resident caterer in the amount set forth in this chapter and shall be paid within 30 days after the conclusion of the catered event or function. Secs. 4-318 – 4-336. Reserved. DIVISION 6. SPECIAL EVENTS FACILITY Sec. 4-337. General provisions. (a) Where staff for a special events facility, or contractors hired by that facility who are not separately licensed caterers, will be dispensing or serving alcohol, the special events facility must obtain a separate license for consumption on the premises. (b) Where a caterer is hired and separately licensed, and where that caterer will be the only entity dispensing or serving alcohol, the special events facility need not obtain a separate license for consumption on the premises. (c) In order to be eligible for a consumption on the premises license, a special events facility must: (1) Be available to public or private groups of persons; (2) For monetary consideration on a rental, fee, percentage, or similar basis, be used primarily for special occasions, including but not limited to, receptions, meetings, banquets, conventions, parties, catered events, or similar gatherings; and (3) Be open to or attended by invited or selected guests or paying patrons; or 32 (4) Be a sports complex situated in conformance with the city's zoning ordinances. Secs. 4-338 – 4-358. Reserved. DIVISION 7. PUBLICLY OWNED FACILITIES Sec. 4-359. General provisions. (a) Notwithstanding any other provision of this chapter to the contrary, a limited exception to sections 4-47 and 4-231 of this chapter, shall exist for that person or entity possessing a public facilities permit, as hereinafter defined. (b) For all purposes of this section, "public facilities" shall mean all facilities owned or leased by the City of Milton, except: (1) City Hall; and (2) Any fire station; and (3) Any public safety facility. (c) Any person or entity desiring to engage in activities permitted by this section, shall make written application to the city manager or his or her designee for the appropriate public facilities permit on forms prescribed by the city. All applications shall be accompanied by a public facilities permit fee as set forth by city council resolution. Further, all applicants shall be required to provide a release and meet any other requirements set forth by the city manager as conditions of obtaining the public facilities permit. (d) The city manager or his or her designee shall consider the following factors in determining whether to approve or deny an application for a public facilities permit: (1) Expected time period in which the event will occur; (2) Whether the event will occur during daylight hours; (3) The number of people expected to attend the event; (4) Other activities scheduled to occur in the structure, facility or property at the time of the event; and (5) Any other factor weighing upon the health, safety or welfare of others. (e) If the application is denied, which denial shall be based upon the factors described above, or if the applicant withdraws the application prior to its approval, the license fee (without interest) shall be refunded. The application shall include, but shall not be limited to: The name and address of the applicant, the date, address and times of the proposed event and the location of the public facility. All applications shall be sworn to by the applicant before a notary public or other officer authorized to administer oaths. (f) If such public facilities permit is granted by the city manager or his or her designee, it shall be good only for the specified event at the specified address and times set forth in the application, not to exceed two days for a public park and one day for any other public facility. (g) A public facilities permit for a public park shall only permit the permit holder to serve (not sell) alcoholic beverages in a hospitality tent or similar structure previously approved by the fire marshal, and the alcoholic beverages may only be consumed on the premises of such hospitality tent or similar structure. (h) A public facilities permit for a public facility shall only permit the holder to serve (not sell) alcoholic beverages within the premises of the public facility . 33 (i) A public facilities permit shall only be issued to a caterer licensed under the provisions of this chapter, or to an individual who meets the character requirements of this chapter, provided, however, that no more than two permits per calendar year shall be issued to an individual who is not a licensed caterer. (j) The city manager shall have authority to prescribe forms for applications. Failure to furnish any requested data shall automatically serve to dismiss the application with prejudice. (k) Any untrue or misleading information contained in, or material statement omitted from, an original or renewal application for a public facilities permit shall be cause for the denial or revocation thereof. (l) Except as set forth above in this section, a public facilities permit holder must comply with all of the provisions set forth in this chapter. Secs. 4-360 – 4-378. Reserved. ARTICLE VI. SALES BY FARM WINERIES Sec. 4-379. Permitted sales. A farm winery may sell its wine and the wine of any other Georgia farm winery licensee at retail in a tasting room or other facility on the premises of the winery for consumption on the premises and in closed packages for consumption off the premises. Sec. 4-380. Licenses. (a) Licensee qualifications. The qualifications for the license for sale by farm winery tasting room shall be the same as set forth in this section. (b) The alcoholic beverage licenses which may be issued to farm wineries under this chapters are: (1) Wholesaler of farm winery production. A farm winery shall be granted a wholesale license for sale and distribution as provided by O.C.G.A. § 3-6- 21.1. Such license shall be issued upon application and payment of established fees and upon presentation of a receipt for payment of the state annual license tax as provided by the referenced code provisions in this section. (2) Retail package sales of wine. Each retail package sales license shall require that all sales shall be by and through the farm winery tasting room at the site which said license is issued. (3) Consumption on premises sales of wine. Each license for the sale of wine for consumption on the premises shall require that all consumption shall be at the farm winery site for which said license is issued. This site shall include any wedding or dining facilities associated with the farm winery. (4) Multiple farms winery licenses. A farm winery may apply for and, if approved, may be issued multiple farm winery licenses as provided in subsections (1) through (3) of this section for any single site. At the primary farm winery facility where the wine is produced, such site may be licensed for wholesale, retail package sales and consumption on premises sales. For any site other than the primary farm winery facility where the wine is produced, up to the maximum number of such sites as may be permitted by 34 state statute, such site may be licensed for retail package sales and consumption on premises. (c) Ratio of sales. There shall be no specified or required ratio of alcohol sales to any other income for farm winery operations. (d) Hours and days of sale. Farm wineries shall be permitted to operate only during the following hours and days of the week, as indicated: (1) Monday through Saturday, from 9:00 a.m. until 12:00 midnight. (2) Sunday from 12:30 p.m. until 12:00 a.m. of the following day. (1) The licensed business shall open its business each day it is open by not later than 5:00 p.m. (e) Applicable provisions. The following provisions of this chapter regarding qualifications of the licensee and other matters shall apply to the issuance of the license for sale by a farm winery tasting room and the operation thereof: Article I, definitions. Article II, licensing. Article V, sales for consumption on premises – general provisions, except as specifically noted in this section. Article X, regulations. (f) License fees. Any applicant for a license for the sale of wine and operation of a farm winery shall pay the license fee as set forth in the fee schedule. (g) Licensing limitations. The license created in accord with this article shall be limited to farm winery tasting rooms licensed by the State of Georgia in accord with O.C.G.A. § 3-6-21.1 et seq., and the licensee shall be permitted to perform only acts allowed in accord with such statutes. No license is hereby created authorizing any other use. (h) Renewals. All applications for renewal of a farm winery license or licenses shall be accompanied by a copy of the current state license. Failure to present a valid copy of a current and valid state license will result in a refusal to renew the license. (i) Consumption on the premises sale of distilled spirits, wine and malt beverages. A farm winery may apply for a license for consumption on premises of wine, malt beverages and/or distilled spirits (not produced under the Georgia Farm Winery Act O.C.G.A. § 36-6-21.1 et seq.) under the terms as provided under article V, sales for consumption on premises. Secs. 4-381 – 4-399. Reserved ARTICLE VII. WHOLESALERS DIVISION 1. GENERALLY Sec. 4-400. License required. (a) Any wholesale dealer in alcoholic beverages who is licensed by the State of Georgia and who has a place of business in the city shall procure a license under the same distance requirements and required hours and days of operation applicable to retail package licensees. The license fee for a resident wholesale dealer's license shall be set by mayor and council and approved by resolution. (b) Any wholesale dealer in alcoholic beverages who is licensed by the State of Georgia, who does not have a place of business in the city but who does business in the city, 35 shall be registered in the city and subject to excise tax due from wholesale dealers pursuant to article VIII. Such registration shall be renewed annually with: a. Submittal of annual renewal affidavit; b. The presentation of satisfactory evidence that he understands the alcoholic beverage rules and regulations of the city and the conditions under which retail licenses are issued; and c. A registration fee of $100.00 as authorized by O.C.G.A. § 3-5-43. Sec. 4-401. Special provisions applicable to wholesale license. (a) No person who has any direct financial interest in any license for retail sale of any alcoholic beverages in the city shall be allowed to have any interest or ownership in any wholesale alcoholic beverage license issued by the city. (b) No retailer shall purchase any alcoholic beverage from any person other than a wholesaler licensed under this article. No wholesaler shall sell any alcoholic beverage to any person other than a retailer licensed under this chapter; provided, however, that this section shall not prohibit the purchase by one retailer of another retailer’s entire stock in a bona fide purchase of an ongoing business. (c) No alcoholic beverage shall be delivered to any retail sales outlet in the city except by a duly licensed wholesaler. The name of the wholesale distributor shall be clearly marked on the delivery vehicle. Sec. 4-402. Hours and days of operation. Wholesalers shall not engage in the sale of alcoholic beverages except between 7:00 a.m. and 6:00 p.m., Monday through Saturday. There shall be no sales of alcoholic beverages on Sunday by wholesalers. Sec. 4-403. Audits. If the city manager deems it necessary to conduct an audit of the licensee’s records and books, he or she shall notify the licensee of the date, time and place of the audit. Secs. 4-404 – 4-422. Reserved. ARTICLE VIII. EXCISE TAXES DIVISION 1. GENERALLY Secs. 4-423 – 4-441. Reserved. DIVISION 2. SALES OF DISTILLED SPIRITS BY THE DRINK Sec. 4-442. Tax imposed. There is imposed upon the retail sale of drinks containing distilled spirits in the city an excise tax. The rate of such tax shall be set forth by city council resolution and shall not exceed three percent of the purchase price of the drink to the consumer. A record of each sale shall be made in writing and maintained for inspection by any authorized agent of the city. Sec. 4-443. Licensee to collect and remit. 36 Every consumption on the premises licensee shall collect the tax imposed by this section from purchasers of drinks containing distilled spirits. The licensee shall furnish such information as may be required by the city manager to facilitate the collection of the tax. Sec. 4-444. Customer receipts; credit sales. A consumption on the premises licensee shall give to the purchaser a receipt on which the purchase price and the tax imposed by this section shall be itemized separately. In all cases where the purchase is by deferred payment or credit, the licensee becomes liable for the collection and payment of the tax at the time of delivery of the drink to the purchaser. Sec. 4-445. Payment and returns by licensee. (a) Each licensee shall pay over the amount of taxes collected and coming due under this article in any calendar month to the city not later than the 20th day of the following calendar month. (b) On or before the 20th day of each month, a return for the preceding month shall be filed with the city treasurer or his or her designee by each licensee liable for the payment of tax under this article. Returns shall be in such form as the city may prescribe or authorize and signed by the licensee liable for the payment of tax hereunder. (c) Returns shall show the licensee’s gross receipts from the sale of food, if applicable, alcoholic beverages containing distilled spirits, indicating the number sold by the drink, amount of tax collected or authorized due for the related period, and such other information as may be required by the city. Any amounts collected in excess of the excise tax rate set by the city council for the taxable sales shall be reported and paid to the city. (d) Any licensee who shall neglect, fail, or refuse to pay the tax herein provided upon all retail sales by the licensee of alcoholic beverages containing distilled spirits by the drink, shall be liable for and pay the tax himself or herself. (e) Licensees collecting the tax shall be allowed three percent of the first $3,000.00 of tax due and one-half percent of the amount in excess of $3,000.00 as a vendor’s credit under this section and shall be reimbursed in the form of a deduction in submitting, reporting and paying the amount due, if said amount is not delinquent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from state law as now or hereafter amended. Secs. 4-446 – 4-464. Reserved. DIVISION 3. WHOLESALE TAXES Sec. 4-465. Tax imposed. (a) There is imposed by the city an excise tax on the first sale or use of malt beverages in the city and is set at the rate set forth by city council resolution. (b) There is imposed by the city an excise tax on the first sale or use of wine by the package in the city and is set at the rate set forth by city council resolution. (c) There is imposed by the city an excise tax on the first sale or use of distilled spirits by the package in the city and is set at the rate set forth by city council resolution. 37 Sec. 4-466. Wholesaler to collect and remit. The excise tax imposed shall be collected by all wholesalers selling alcoholic beverages to persons holding retail licenses for sale to the same, in the city. Said excise taxes shall be collected by the wholesalers at the time of the wholesale of such beverages. Sec. 4-467. Payment and returns by wholesaler. (a) It shall be the duty of each wholesaler to remit the proceeds so collected to the finance department of the city, on or before the 15th day of each month, for the preceding calendar month. (b) This remittance shall be submitted on forms as prescribed or authorized by the city. Remittances shall be accompanied by a statement under oath from a responsible person employed by the wholesaler showing the total sales of each type of alcoholic beverage, by volume and price, disclosing for the preceding calendar month the exact quantities of alcoholic beverages, by size and type of container, constituting a beginning and ending inventory for the month, sold to every person holding a retail license for the sale of alcoholic beverages in the city. (c) Failure to file such a statement, or to remit the tax collected on or before the 15th day of each month, shall be grounds for suspension or revocation of the license provided for by this chapter. Secs. 4-468 – 4-486. Reserved. DIVISION 4. BREWPUBS Sec. 4-487. Tax imposed. There is hereby levied an excise tax on all beer and malt beverages produced by a brewpub at the rate set forth by city council resolution. Sec. 4-488. Payment and returns by licensee. (a) The excise tax shall be paid to the city’s finance department no later than the 20th day of each month for the preceding month’s production. (b) A late payment penalty not to exceed ten percent of the tax otherwise due shall be added to the amount due for any payment not received by the due date. Secs. 4-489 – 4-507. Reserved. DIVISION 5. TAX RETURNS AND COLLECTIONS Sec. 4-508. Deficiency assessment. (a) If the city has cause to believe that a return or the amount of tax paid to the city by a licensee is not proper, the city may compute and determine the amount due on the basis of any information available. One or more deficiency determinations may be made of the amount due for any month. (b) The amount of deficiency determination shall bear interest at a rate of one percent per month, or fraction thereof, from the 15th day of the month after the close of the period for wholesale tax due, or from the 20th day after the close of the period for 38 retail tax due, which the amount or any portion thereof should have been returned until paid, in addition to any other penalties which may be imposed. (c) For any deficiency which is determined to be made due to fraud, or an intent to evade any provisions of this article, a penalty of 25 percent of the deficiency shall be added thereto. (d) The city shall give notice of a deficiency determination to the licensee. The notice shall be served by personal service on the registered agent by a city police officer or code enforcement officer. If personal service fails, the notice shall be mailed by certified mail to the registered agent at the address provided and to the named licensee at the licensed premises. Delivery shall be deemed to take place on the third day following deposit in the United States mail. (e) Except in the case of fraud, intent to evade this chapter, or failure to make a return, every notice of deficiency determination shall be mailed within three years after the 20th day of the calendar month following the monthly period for which the amount is proposed to be determined, or within three years after the return is filed, whichever period should last expire. Sec. 4-509. Failure to file return. (a) If any licensee fails to make a return, the city shall make an estimate of the amounts of the gross receipts of the licensee, or as the case may be, of the amount of the total sales in the city which are subject to the tax. The estimate shall be made for the period in respect to which the licensee failed to make the return and shall be based upon any information which is or may come into the city’s possession. Upon the basis of this estimate, the city shall compute and determine the amount required to be paid the city. One or more determinations may be made for each period. (b) If the failure of any person to file a return is due to fraud or intent to evade this chapter, a penalty of 25 percent of the amount required to be paid by the party shall be added thereto in addition to any other penalties which are imposed under this chapter. (c) The city shall promptly give to the party written notice of the deficiency in the manner specified by subsection 4-508(c). (d) In the event that any person holding a retail license shall fail to file the required return or to pay the taxes imposed by this chapter, it shall be grounds for suspension or revocation of any retail license to sell alcoholic beverages in the city. Sec. 4-510. Penalties and interest. (a) Any party who fails to pay the tax herein imposed by the city, or fails to pay any amount of such tax required to be paid by the party shall, in addition to the tax, pay interest on the outstanding tax obligation at the rate of one percent per month, or fraction thereof, from the date the tax payment was last due until payment is made. (b) Any party who fails to pay the tax herein imposed by the city, or fails to file any required tax return to the city, within the time required, shall pay a penalty of 15 percent of the tax, or amount of the tax and interest, due the city. (c) In the event that any person holding a retail license shall fail or refuse to pay to the wholesaler selling to him or her alcoholic beverages the tax imposed by the city, the wholesaler shall immediately report such failure to pay to the finance department 39 of the city and shall make no further sales of any alcoholic beverages whatsoever to said retailer until receipt of written notification to do so from the city. In such event, the tax may be collected by the city by an action at law against the retailer. Sec. 4-511. Actions for collections; overpayment. (a) At any time within three years after the delinquency of any amount due under this article, the city may bring an action in the courts of this state, any other state, or the United States in the name of the city to collect the amount delinquent, together with penalties, interest, court fees, filing fees, attorneys’ fees, and other legal fees incident thereto. (b) Whenever any tax, penalty, or interest has been paid more than once or has been erroneously or illegally collected or received by the city, it may be offset against any future liability for the tax. (c) If the licensee determines that he has overpaid or paid more than once and such fact has not yet been determined by the city, the licensee shall have three years from the date of payment to file a claim with respect to such overpayment or double payments. Such claim shall be in writing and shall state the specific grounds upon which it is based. The claim shall be audited. If the city approves the claim, the excess amount paid may be credited against other amounts due from the licensee or refunded. Sec. 4-512. Administration and enforcement of article. (a) The city treasurer or his or her designee shall administer and enforce the provisions of this Article VIII. (b) The city manager or his or her designee may promulgate rules and regulations for the enforcement of this article. (c) Every licensee engaging in the sale of mixed drinks shall keep such records, receipts, invoices, and other pertinent papers in such form as may be required by the city. (d) The city manager or his or her designee may examine the books, papers, records, financial reports, equipment, and facilities of any licensee engaging in the sale of any alcoholic beverage, retail or wholesale, in order to verify the accuracy of any return, or if no return is made to ascertain the amount of tax due. (e) In the administration of the provisions of this article, the city manager or his or her designee may require the filing of reports by any person or class of persons having in their possession or custody any information relating to purchases subject to taxation under this article. Secs. 4-513 – 4-531. Reserved. ARTICLE IX. SPECIAL PROVISIONS AND EXCEPTIONS WITHIN THE CRABAPPLE DISTRICT Sec. 4-532. General provisions. The provisions of this article are intended to set forth certain exceptions and provisions applicable only to licensees whose establishments are located within the area identified in the Crabapple District (as hereinafter defined) holding licenses to sell alcoholic beverages for consumption on the premises. Except as specifically set forth in this article, all such licenses remain subject to all other provisions of this chapter. 40 Sec. 4-533. Definition of Crabapple District For the purposes of this article only, the Crabapple District (as shown in the attached map) is defined as follows: The area of the city identified as T4, T4 Open, T4 Restricted and T5 transect zones in the Crabapple Regulating Plan, excluding those parcels fronting Green Road and Arnold Mill Road. Sec. 4-534. Outside consumption of alcoholic beverages permitted. (a) One drink on-street limit. Any establishment licensed to sell alcoholic beverages by the drink for consumption on the premises is authorized to dispense an alcoholic beverage in a paper or plastic cup, or other contain er other than a can, bottle, or glass, for removal from the premises; provided, however, that no establishment shall dispense to any person more than one such alcoholic beverage at a time for removal from the premises, and no person shall remove at one time more than one such alcoholic beverage from the licensed premises. (b) Size limited to a maximum of 16 ounces. No container in which an alcoholic beverage is dispensed and removed from the licensed premises shall exceed 16 fluid ounces in size. No person shall hold in possession on the streets and sidewalks, in parks and squares, or in other public places within the defined area any open alcoholic beverage container which exceeds 16 fluid ounces in size. (c) Drinking from can, bottle, or glass prohibited. It shall be unlawful for any person to drink or attempt to drink any alcoholic beverage from a can, bottle, or glass, or to possess in an open can, bottle, or glass any alcoholic beverage on the streets, sidewalks, rights-of-way, and parking lots, whether public or private. (d) Purchase from licensed premises within Crabapple District. Alcoholic beverages consumed pursuant to this provision must be purchased from a licensed premise within the Crabapple District. (e) Consumption limited to certain areas in Crabapple District. No alcoholic beverage purchased pursuant to this provision may be consumed outside of the Crabapple District, upon any sidewalk adjacent to a church, school or park (unless specifically authorized by the city in conjunction with a city event or other event authorized by the city) or upon any private property without the express written consent of the property owners. (f) Consumption limited to lawful hours of operation. No alcoholic beverage purchased pursuant to this provision shall be consumed except within the authorized hours of sale of the establishment where purchased. (g) Festivals; special events. Unless otherwise specified by this article, the provisions of this article shall also apply to special events and festivals. Sec. 4-535. Alcohol/food sales ratio. A licensed establishment located within the Crabapple District shall derive a minimum of 50 percent of its total annual gross food and beverage sales from the sale or prepared meals or food. Sec. 4-536. No abrogation of other laws. 41 The provisions of this article shall not be deemed to abrogate or otherwise impact any state law or local ordinance pertaining to public drunkenness, disorderly conduct, driving with an open container or under the influence of alcohol, or similar laws. Secs. 4-537 – 4-555. Reserved. ARTICLE X. REGULATIONS Sec. 4-556. Days when sales are unlawful. (a) The sale of alcoholic beverages on election day is limited to provision of state law, pursuant to O.C.G.A. § 3-3-20. (b) It shall be unlawful for any person to sell alcoholic beverages within 250 feet of any polling place or of the outer edge of any building within which such polling place is established on primary or election days. Sec. 4-557. Distance requirement. (a) Beer, wine, and distilled spirits consumption on the premises license. In accord with the discretion afforded by O.C.G.A. 3-3-21(b)(3), no permit for brown bagging or the retail sale of alcoholic beverage for consumption on the premises shall be issued to any business that is within 20 yards of a church, school building, education building, school grounds, or college campus. (b) Wine and malt beverages retail package sales. No person may sell or offer to sell any wine or malt beverage within 100 yards of any school building, school grounds, or college campus. (c) Distilled spirits retail package sales. No person may sell or offer to sell any distilled spirits in or within 100 yards of a church building or within 200 yards of any school building, educational building, school grounds, or college campus. (d) Most direct route used. For purposes of this section, the distance shall be measured by the most direct route of travel on the ground and shall be measured in the following manner: (1) From the main entrance of the establishment from which alcoholic beverages are sold or offered for sale; (2) In a straight line to the nearest public sidewalk, walkway, street, road or highway by the nearest route; (3) Along such public sidewalk, walkway, street, road or highway by the nearest route; (4) To the main entrance of the church building, or to the nearest portion of the school grounds. (e) Preexisting establishments. No location which is licensed to sell alcoholic beverages on the effective date of the ordinance from which this section is derived shall be denied continued operation under an existing license, nor shall any new owner of the location be denied a new license based upon the measurements set forth in subsections (a), (b), (c), and (d) of this section. (f) New church or schools. As to any location licensed in the future, if the distance requirements in this section are met at the time of issuance of any license, the subsequent opening and operation of a church or school within the distance prohibited in this section shall not prevent the continuance of an existing license or 42 the issuance of a new license to any subsequent owner of such property. Provided, however, that the distance requirements herein shall not apply at any location for which a new license is applied for if the sale of alcoholic beverages was lawful at such location at any time during the 12 months immediately preceding such application. Sec. 4-558. Sale to, purchase or possession by underage person. (a) No licensee shall allow brown bagging or sell or permit to be sold alcoholic beverages to a minor, as defined in O.C.G.A. § 3-3-23, and a violation of O.C.G.A. § 3-3-23, as may be amended, shall be cause for suspending or revoking a license in accordance with provisions of this chapter. Further, it shall be a violation not to require and properly check identification to ensure that an underage person is not sold, served, or does not have in his or her possession any alcoholic beverages while in a licensed establishment. No licensee shall allow or require a person in his or her employment under 18 years of age to dispense, serve, sell or take orders for any alcoholic beverage. This section shall not prohibit persons under 18 years of age who are employed in supermarkets, convenience stores, or drugstores from selling or handling alcoholic beverages which are sold for consumption off the premises. (b) Nothing in this Code section shall be construed to modify, amend, or supersede Chapter 11 of Title 15. (c) No person who holds a license to sell alcoholic beverages by the drink shall allow any minors to be in, frequent, or loiter about the licensed premises of the nightclub or lounge unless such minors are accompanied by a parent, legal guardian, or custodian; provided that: 1. Such minors shall be permitted in eating establishments or private clubs without being accompanied by a parent, legal guardian, or custodian. 2. This subsection shall not apply to minors who are employees under the terms of this article. Sec. 4-559. Advertising; signs. (a) No outdoor advertising or signs with respect to the promotions of the sale of alcoholic beverages, or the prices of such beverages, shall be permitted: (1) On the exterior of any retail package outlet; (2) On the premises of the consumption dealer; or (3) In the windows of any such establishment that may be viewed from outside. (b) No signs shall be erected anywhere in the city advertising or promoting the sale of alcoholic beverages, except that a store displaying its merchandise may in the same manner as such other merchandise is displayed, erect a sign indicating the counter on which the merchandise is displayed; provided the lettering of such signs does not exceed in size the lettering of such signs on other counters where other products are sold. The name, brand or type of alcoholic beverage served and the price per serving may be provided to customers on a regular printed menu. (c) Alcoholic beverages may not be priced on signs, menus or any place else allowed by this Code except as to single units or unbroken package quantities. 43 Sec. 4-560. Types of entertainment, attire and conduct prohibited. Pursuant to O.C.G.A. § 3-3-41: (a) No person shall perform on a premises licensed hereunder acts of or acts which constitute or simulate: (1) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law; (2) The touching, caressing, or fondling of the breast, buttocks, anus, or genitals; or (3) The displaying of any portion of the female breast below the top of the areola or the displaying of any portion of any person’s pubic hair, anus, cleft of the buttocks, vulva, or genitals. (b) No person shall use on licensed premises artificial devices or inanimate objects to perform, simulate, or depict any of the prohibited conduct or activities described in subsection (a) of this section. (c) It shall be unlawful for any person to show, display, or exhibit, on licensed premises, any film, still picture, electronic reproduction, or any other visual reproduction or image of any act or conduct described in subsections (a) and (b) of this section. Sec. 4-561. Requests for additional information. The city manager or his or her designee may request, from time to time, information concerning purchases and sales of alcoholic beverages from retailers and wholesalers. M ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 19, 2015 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 34, Article II — Regulation of Public Parks — Section 34-22 — Prohibited Acts. MEETING DATE: Monday, March 2, 2015 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: IWYES () NO CITY ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY CITY ATTORNEY 9APPROVED () NOTAPPROVED PLACED ON AGENDA FOR: b 3 0 2 t S REMARKS 14k You _ PHONE: 678.242.2500 1 FAX: 678.242.2499 ® Green *Certified* Piuu ��"u.ni.tFF $ oi`''°f info@cityofmiltonga.us j www.cityofmiltonga.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 February 25, 2015 for the March 2, 2015 Regular Council Meeting Agenda Item: Consideration of an Ordinance to Amend Chapter 34, Article II – Regulation of Public Parks – Section 34-22(a) – Prohibited Acts Department Recommendation: Approve the ordinance as written. Executive Summary: In the proposed amendment to Chapter 4, a section was added that allowed alcoholic beverages in the city’s public facilities (including parks) for authorized events. This change was in direct violation of Chapter 34, Article II, Section 34-22 that prohibited alcoholic beverages within the city’s parks. The proposed amendment to this ordinance addresses this discrepancy. Funding and Fiscal Impact: None Alternatives: Keep the current ordinance Legal Review: Elizabeth Whitworth – Jarrard & Davis (2/25/15) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Revised ordinance STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 34, ARTICLE II – REGULATION OF PUBLIC PARKS - SECTION 34-22(A), PROHIBITED ACTS BE IT ORDAINED by the Mayor and Council of the City of Milton, Georgia while in a regular called council meeting on the 16th day of March, 2015 at 6:00 p.m. as follows: SECTION 1. That the amendment to Chapter 34, Article II – Section 34-22(a) as reflected in the highlighted language, is hereby adopted and approved; and is attached hereto as if fully set forth herein; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. This Ordinance shall become effective upon its adoption. ORDAINED this the 16th day of March, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal) Chapter 34 – Parks, Recreation and Cultural Affairs Chapter 34 of the City of Milton’s Code of Ordinances, regarding Parks, Recreation and Cultural Affairs, shall be amended as follows: Paragraph (a) of Section 34-22, entitled “Prohibited acts,” shall be amended as follows: Alcoholic beverages. Unless a public facilities permit has been obtained under Chapter 4 of this Code, Iit shall be unlawful for any person to possess and consume any alcoholic beverage, or be under the influence of alcoholic, malt and vinous beverage, within any public park and within any building or facility under the supervision of the city recreation and parks department unless such usage is expressly permitted by signage or published rules of the particular park or recreation building. HOMEOF M ' I L ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 19, 2015 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Appendix A — Fees and Other Charges. MEETING DATE: Monday, March 2, 2015 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: YES APPROVAL BY CITY ATTORNEY 1(') APPROVED r PLACED ON AGENDA FOR: b 3o21S- REMARKS () NOT APPROVED () NO () NO () NOT APPROVED You...__. PHONE: 678.242.2500 1 FAX: 678.242.2499 EM t ,'°f NILDLIfE Communic}. info@cityofmiltonga.us l www.cityofmiltonga.us y h "io5' r 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - C(NT;"'. SAID, '�®<< To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on February 25, 2015 for the March 2, 2015 Regular Council Meeting Agenda Item: Consideration of an Ordinance to Amend Appendix A – Fees and Other Charges Department Recommendation: Approve the ordinance as written. Executive Summary: This revised fee schedule incorporates the revisions to Chapter 4 – Alcoholic Beverages. Funding and Fiscal Impact: None Alternatives: Keep the current ordinance Legal Review: Elizabeth Whitworth – Jarrard & Davis (2/25/15) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Revised ordinance STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND APPENDIX A – FEES AND OTHER CHARGES, CHAPTER 4 – ALCOHOLIC BEVERAGES BE IT ORDAINED by the Mayor and Council of the City of Milton, Georgia while in a regular called council meeting on the 16th day of March, 2015 at 6:00 p.m. as follows: SECTION 1. That the amendment to Appendix A, as reflected in the attached document, is hereby adopted and approved; and is attached hereto as if fully set forth herein; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. This Ordinance shall become effective upon its adoption. ORDAINED this the 16th day of March, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal) Chapter 4 - Alcoholic Beverages Section Description Conditions Amounts (in dollars) 4-47 (g)License fees Retail package Wine $400.00/year Malt beverages (including growlers)$400.00/year Wine and malt beverages $800.00/year Distilled spirits $3,000.00/year Wine, malt beverages and distilled spirits $3,800.00/year Brown bagging $100.00/year Consumption on Premises Wine $650.00/year Malt beverages $650.00/year Wine and malt beverages $1,300.00/year Distilled spirits $3,200.00/year Wine, malt beverages and distilled spirits $4,500.00/year Additional bar $1,000.00/year 4-47 (g) Prorated license fees (one-half of full license fee after July 1)Retail package Wine $200.00/year Malt beverages (including growlers)$200.00/year Wine and malt beverages $400.00/year Distilled spirits $1,500.00/year Wine, malt beverages and distilled spirits $1,900.00/year Consumption on Premises Wine $325.00/year Malt beverages $325.00/year Wine and malt beverages $650.00/year Distilled spirits $1,600.00/year Wine, malt beverages and distilled spirits $2,250.00/year Brown bagging $50.00/year Additional bar $500.00/year 4-49 Processing fee - administrative $100.00/year 4-49 Processing fee - investigative $35.00/ea/year 4-52 Publication costs $200.00 4-123 (b)Penalty for sale to underage persons For the first offense A minimum fine of $500.00 4-123 (b)Penalty for sale to underage persons For the second offense in 24-month period A minimum fine of $750.00 4-123 (b)Penalty for sale to underage persons For the third offense in 24-month period A minimum fine of $1,000.00 4-123 (e)Criminal penalties In addition to available actions, voilators of chapter could be charged criminal penalties Not to exceed $1,000.00 4-167 (c)Temporary license Included in license fees 4-168 (a)Special event permit For currently licensed consumption on premises establishments (not to exceed 10 days in any one year)$100.00 4-168 (b)Special event permit For non-profit civic organizations (not to exceed 10 days in any one year)$100.00 4-193 (j)Ancillary wine tasting permit $50.00/year 4-222 Specialty gift shops (beer/wine)$100.00/year 4-235(c)Pouring permit $20.00 background check + $15.00 administrative fee per person per year 4-235(j)Pouring permit replacement If within 30 days of the original issue date $7.50 4-235(j)Pouring permit replacement If after 30 days of the original issue date $20.00 background check + $15.00 administrative fee 4-254 Brewpub In addition to license fees in section 4-47(g)$250.00/year 4-277 Private clubs See section 4-49 4-297 Hotel and hotel in-room service See section 4-49 4-317 (a)Resident caterer permit For currently licensed consumption on premises or retail package establishments $150.00/year 4-317 (b)Non-resident caterer permit For authorized event $50.00/event 4-337 Special events facility If facility operater serves alcoholic beverages See section 4-49 4-359 Public facilities alcohol permit $50.00/event 4-380(b)(1)Farm winery - wholesale $400.00/year 4-380(b)(2)Farm winery - retail packages sales $400.00/year 4-380(b)(3)Farm winery - consumption on premises $650.00/year 4-380(i)Farm winery - consumption on premises For distilled spirits, wine and malt beverages not produced on the farm See section 4-49 4-400(a)Wholesaler license fee Located within the city limits Wine $400.00/year Malt beverages $400.00/year Wine and malt beverages $800.00/year Distilled spirits $3,000.00/year Wine, malt beverages and distilled spirits $3,800.00/year 4-400(b)Wholesaler license fee Located outside of the city limits Wine $100.00/year Malt beverages $100.00/year Wine and malt beverages $100.00/year Distilled spirits $100.00/year Wine, malt beverages and distilled spirits $100.00/year 4-442 Excise tax on distilled spirits by the drink 3% of the charge to the public for the beverage 4-465(a)Wholesale excise tax on malt beverages Container types When malt beverages are sold in or from a barrel or bulk container $6.00 on each container sold containing not more than 15 1/2 gallons When malt beverages are sold in bottles, cans, or other containers other than barrel or bulk containers $0.05 per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces 4-465(b)Wholesale excise tax on wine $0.22 per liter of wine, and a proportionate tax at the same rate on all fractional parts of a liter 4-465(c)Wholesale excise tax on distilled spirits $0.22 per liter of distilled spirits, and a proportionate tax at the same rate on all fractional parts of a liter 4-487 Excise tax on all beer and malt beverages produced by a brewpub $0.05 per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces 4-488 Penalty for late excise tax payment on beer and malt beverages produced by brewpub 10% of the tax otherwise due 4-508(b) Interest on deficiency of wholesale or retail excise tax 1% per month on the determined deficiency, or fraction thereof 4-508(c)Penalty on deficiency due to fraud 25% of the determined deficiency 4-510(b)Penalty on late tax return 15% of the tax due W HOME OF LTO N*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 19, 2015 FROM: City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Chad Thai, LLC dba Chad Thai, Located at 13087 Highway 9 N., Suite 901, Milton, Georgia 30004. MEETING DATE: Monday, March 2, 2015 Regular City Council Meeting BACKGROUND INFORMATION., (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: V APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES NO CITY ATTORNEY REVIEW REQUIRED: O YES NO APPROVAL BY CITY ATTORNEY () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0302 rs REMARKS 10 -1� © Your *** PHONE: 678.242.25001 FAX: 678.242.2499 ` Green- *C:ernfiecl oP,go info@cltyofmiltonga.us I www.cltyofmiltonga.us cru. MFCommunity 4 cm. of 13000 Deerfield Porkway, Suite 107 1 Milton GA 30004 �.�419- To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on February 10, 2015 for the March 2, 2015 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Chad Thai, LLC. dba Chad Thai, Located at 13087 Hwy 9 N. Suite 910, Milton, GA 30004. ____________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license to Chad Thai, LLC. dba Chad Thai for consumption on premises of wine and malt beverages. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application was submitted due to opening a new establishment. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Chad Thai, LLC. dba Chad Thai Contact Name: Chad Eby Business Address: 13087 Hwy 9 N. Suite 910, Milton, GA 30004 Type of License: Consumption on Premises – Wine and Malt Beverages Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager John A Huey, Interim Chief of Police Kathleen Field, Director of Community Development Attachment(s): None. / S. HOME OF' LTO N*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 19, 2015 FROM: City Manager AGENDA ITEM: Consideration of an Agreement for the Acquisition of Realty by the City of Milton from L. Gene Hyde, Comprised of 4.69 Acres Located at Fulton County Tax Parcel No. 22-5040-0535-038-9; Including all Personalty, Structures, Improvements, Buildings, Fixtures and Appurtenances, at a Purchase Price of $175,000. MEETING DATE: Monday, March 2, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages it necessary) See attached memorandum APPROVAL BY CITY MANAGER YAPPROVED O NOT APPROVED CITY A TTORNEY APPRO VAL REQUIRED: k YES O NO CITY ATTORNEY REVIEW REQUIRED: (XYES () NO YAPPROVEDAPPROVAL BY CITY ATTORNEY , \ (} NOT APPROVED PLACED ON AGENDA FOR: 302 t REMARKS © You(m PHONE: 678.242.25001 FAX. 678.242.2499 Green info@cityofmiltongp.us j www.cityofrniltonga.us"11� Co nr#y �� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 AGREEMENT FOR SALE OF REALTY THIS AGREEMENT FOR SALE OF REALTY (the "Agreement") is made and entered into this day of March, 2015, by and between the CITY OF MILTON, GEORGIA, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Georgia (the "Buyer"), and L. GENE HYDE (the "Seller"). AGREEMENT I. The Buyer agrees to buy, and the Seller agrees to sell, all that tract of land being known as Fulton County Tax Parcel No. 22-5040-0535-038-9 containing a total of 4.69 acres, more or less; and including all personalty, structures, improvements, buildings, fixtures and appurtenances attached thereto (hereinafter referred to as the "Property"). All items of personalty, fixtures, building, structures, improvements, and appurtenances to the Propet•ty shall become the property of the Buyer at closing. 2. Purchase Price. The purchase price ("Purchase Price") for the Property shall be One Hundred Seventy -Five Thousand Dollars and Zero Cents ($175,000.00) to be paid at closing. 3. Earnest Monev. Buyer, within five (5) business days of the execution of this Agreement by the parties, shall deposit with Power Realty Partners, LLC, 5 000.00 as earnest money. This earnest money shall be applied as part payment of the purchase price of the Propert y at the time of closing, and in the event the sale is not closed, then the earnest money deposit may be retained by the Seller, except as otherwise provided herein. 4. Marketable Title. Seller agrees to furnish good, insurable, and marketable title to the Property. For the purposes of this Agreement, "good, insurable, and marketable title" shall mean fee simple ownership which is: (i) free from all claims, liens, and monetary encumbrances of any kind or nature whatsoever other than permitted exceptions expressly agreed to in writing by the Buyer; and (ii) insurable by a reputable title insurance company at then -current standard rates under the standard form of ATLA owner's policy of title insurance with all standard or printed exceptions therein deleted and without exception other than for permitted exceptions expressly agreed to in writing by Buyer. The Property is sold subject only to the valid and agreed upon exceptions to title disclosed to the Buyer• as of the date of closing and as presented in accordance with this Agreement. 5. Inspection Period. Seller shall have thirty (30) days after the date of this Agreement (the "Inspection Period") to provide to Buyer an affidavit of descent from Michael Bell and Sheryl Bell Wilson renouncing any interest in the Property, a quit claim deed from them to Buyer for the Property and acknowledging the prior conveyance of the Property to Seller and the unrecorded, lost deed to Seller for the Property, and an affidavit from Seller reciting the facts surrounding Seller's purchase of the Property, the aforementioned lost deed and identifying the copy of the lost deed and attaching a copy of same to said affidavit. These documents will be prepared by Buyer for Seller's approval, and should Seller fail to provide such documentation within the Inspection Period, Buyer shall have the right to terminate this agreement and receive from Seller a refund of the entire amount of the earnest money deposit. 6. Due Diligence. Reserved. 7. Warranty. The Seller hereby affirmatively warrants that there are no latent or patent physical condition(s), hazard(s) or feature(s) of, on or below the Property that will in any material way impede or frustrate the reasonable use of the Property by Buyer. Moreover, the Seller further warrants that it has no knowledge of any condemnation or compelled acquisition of all or any part of the Propert y by any entity. 2 8I Public Hearing. Prior to closing on the Property, the Seller acknowledges that the Buyer may hold a public hearing with respect to this purchase wherein the details of said purchase maybe revealed in an open forum. 9. Closing Date. A closing shall be conducted no later than fifteen (15) days after the terrnination of the Inspection Period. At the closing, the Seller shall deliver to the Buyer a Warranty Deed to the Property conveying good, insurable, and marketable title to the Property, and all mineral rights, with the hereditaments and appurtenances, to the Buyer and its assigns, in fee simple, free and clear of all liens, encumbrances, or exceptions on all or any part of the Property, except for permitted exceptions, if any, easements, restrictions, and other exceptions of record, together with all right, title, and interest of the Seller in and to the Property. 10. Taxes. All taxes, assessments, and encumbrances which are a lien against the Property and are due and payable at the time of conveyance to the Buyer shall be satisfied of record by the Seller at or before the transfer of title. Real estate taxes which are a lien (but are not yet due and payable) will be prorated as of the date of closing. The Seller will pay the documentary revenue stamp tax or transfer, conveyance or recordation tax, assessment or charge, if any. 11. Risk of Loss. All risk of loss or damage to the Property will pass from the Seller to the Buyer at closing. In the event that loss or damage occurs to the Property prior to closing, the Buyer may, without liability and with an immediate refund of the full amount of the earnest money deposit from the Seller, refuse to accept the conveyance of title., or it alternatively may elect to accept the conveyance of title to the Propert y "AS IS." The Seller shall deliver possession of the Property to the Buyer at the time of closing. 7 12. Right of Entry. The Buyer may enter upon the Property at reasonable times for surveying and other reasonable purposes related to this transaction from the date of execution of this Agreement, through and including the time of delivery of possession of the Property to the Buyer by the Seller. The Buyer's entry upon the Property in accordance with this paragraph .ball be undertaken in such a manner so as to not unreasonably interfere with Seller's ongoing operations or do permanent or long-term damage to the Property. 13. Preservation of Property. The Seller agrees that the Property shall remain as it now is until the delivery of possession of the Property by the Seller to the Buyer, and that the Seller will make reasonable efforts to prevent and refrain from any use of the Property for any purpose or in any manner which would adversely affect the Buyer's use and enjoyment of the Property in the future. 14. Specific Performance. The parties agree that in the event of a breach hereof by the Seller (i.e. the refusal to execute the Warranty Deed at closing or to deliver possession of the Property to the Buyer at the appointed time), damages will be inadequate, and therefore the court having jurisdiction herein may award the Buyer specific performance in lieu of damages or any other remedies allowed by law. 15. Binding Effect. The agreements set forth herein are to apply to and bind the heirs, executors, administrators, successors, personal representatives and assigns of the Seller. 16. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. IT Severabilitv. If any paragraph, subparagraph, sentence, clause, phrase, or any portion of this Agreement shall be declared invalid or unconstitutional by any court of competent G! jurisdiction or if the provisions of any part of this Agreement as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Agreement not held to be invalid. It is hereby declared to be the intent of the parties to provide for separable and divisible parts, and they do hereby adopt any and all parts hereof as may not be held invalid for any reason. 18. Governing Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Georgia, without giving effect to its conflicts of laws principles. 19. Broker. Buyer and Seller covenant and agree that they have dealt with no real estate broker other than Power Realty Partners, LLC (the "Broker") in connection with the purchase and sale of the Property under the terms of this Contract and, to the extent, if any, allowed by law, shall hold each other harmless and indemnify one another against the claims of any other real estate broker arising by virtue of any act or alleged act of said party. Broker is acting as a Transaction Broker in this transaction and shall be paid by Seller a commission equal to six percent (6%) of the total Purchase Price which shall be due in cash at closing. Said commission shall be due only in the event of such closing. IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR SALE OF REALTY as of the day and year first above written. SELLER: L. GENE HYDE L. Gene Hyde [SIGNATURES CONTINUED ON THE FOLLOWIN G PAGE] 5 SIGNED, SEALED, AND DELIVERED in theStu, {prresenceof: V) Witness �J L_ n , A l Public Notary Public [NOTARY SEf My Coimuission BY: SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: BUYER: CITY OF MILTON, GEORGIA Joe Lockwood, Mayor [CITY SEAL] r, HOME OF' -JE BEST C LWITY OF LIFE IN GEORGIA' MILTON111 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 24, 2015 FROM: City Manager AGENDA ITEM: Consideration of the Reaffirmation of Resolution Number 14-08-310 (A Resolution by the City of Milton Electing to Acquire Providence Park from Fulton County in Accord with §O.C.G.A. 36-31-11.1). MEETING DATE: Monday, March 2, 2015 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 O NO CITY ATTORNEY REVIEW REQUIRED: OYES O NO APPROVAL BY CITY ATTORNEY (APPROVED O NOT APPROVED PLACED ON AGENDA FOR: �3oZtS REMARKS © Youn PHONE: 678.242.2500 1 FAX: 678.242.2499 „Gireen ;� ; CeRnr,ed I } „r infoC�cifyofmiltonga.us I www.cityofmiltonga.us o l if, Community �h��s ji 13000 Deerfield Parkway, Suite 107 1 Minor, GA 30004 "- '" a``J STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 14-08-310 RESOLUTION BY THE CITY OF MILTON ELECTING TO ACQUIRE PROVIDENCE PARK FROM FULTON COUNTY IN ACCORD WITH O.CG.A. 36-31-11.1 WHEREAS, Providence Park is a 42 acre park -presently owned by Fulton County ­ located entirely within the territorial limits of the City of Milton; WHEREAS, Providence Park has been under environmental remediation with the State Environmental Protection Division since before the creation of the City of Milton; WHEREAS, as of June 10,2014, the State EPD has determined that the environmental remediation of Providence Park is complete, and that Providence Park is "in compliance with residential risk reduction standards," is "not needing further action" and has been removed from the Hazardous Site Inventory list. (copy of June 10,2014 Judge Turner letter, attached); and WHEREAS, due to this successful environmental remediation of Providence Park, the City of Milton now wishes to exercise its rights pursuant to O.CG.A. 36-31-11.1 and provide notice to Fulton County of its election to purchase Providence Park at the statutorily established price of $1 00 per acre. NOW THEREFORE, BE IT RESOLVED by the Council for the City of Milton as follows: • That the Milton City Council does hereby declare its election pursuant to O.CG.A. 36­ 31-11.1 to assume ownership of Providence Park, effective October 1, 2014; • That the Milton City Council does hereby direct staff to provide notification to Fulton County of this election; • That the Milton City Council does further direct staff to issue City funds of $4,200 to Fulton County in payment for the park, as required by O.C.G.A. 36-31-11.1; and • That the Milton City Council does otherwise direct staff to work with Fulton County in preparing, executing and recording any additional documentation necessary to effectuate this property transfer to the City of Milton, with it understood that the transfer shall be effective no later than October 1, 2014 or as of the time the hazmat monitoring has been removed from the site. Page 1 of 2 BE IT SO RESOLVED, this 18 th of August, 2014, by the Council of the City of Milton, Georgia. Approved: Joe LOCk:;:;; Attest: Page 2 of 2 Georgia Department of Natural Resources Environmental Protection Division 2 Martin Luther King, Jr. Dr., Suite 1456, Atlanta, Georgia 30334-9000 Judson H. Turner, Director Fulton County c/o Mr. Anthony Spencer 141 Pryor Street Atlanta, Georgia 30303 Re: Removal from the Hazardous Site Inventory Providence Park, HSI# 10773 13440 Providence Park Drive Milton, Fulton County, Georgia 30009 Dear Mr. Spencer: The Georgia Environmental Protection Division (EPD) has reviewed the revised Compliance Status Report (CSR) dated October 27, 2004, the Soil Excavation and Groundwater Sampling Report dated August 2006, the Certification of Compliance with Risk Reduction Standards for Soil dated July 13, 2007, the 2013 Annual Report -Phase 2 dated May 13, 2013, and the 2014 Groundwater Corrective Action Plan Annual Report and Delisting Petition transmitted January 20, 2014 for the above referenced site. Based on that review, I have determined the CSR is complete and concur with your certification of compliance that this site is in compliance with residential risk reduction standards. Therefore, I am designating this site as not needing further action and I am removing this site from the Hazardous Site Inventory (HSI) in accordance with §391-3-19-.05(4)(b) of the Rules for Hazardous Site Response as of the date of this letter. After removal from the HSI, all wells at the property must be properly abandoned in accordance with the Water Well Standards Act and the Environmental Protection Agency's guidance document titled "Design and Installation of Monitoring Wells" (SESDGUID- 10 1 -RO). As required by §391-3-19-.06(5)(f) of the Rules, a public notice announcing this determination shall be published in The Daily Report. If you have any questions regarding this matter, please contact Jason Metzger of EPD's Response and Remediation Program at 404-657-8610. Si rely, 4 dson H. Turner Director c: Evan B. Perry, P.G., Atlantic Coast Consulting, Inc. File: HSI 10773, 261-0578