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HomeMy WebLinkAboutAgenda Packet CC - 03/16/2015 - 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 16, 2015 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Jeff Kane, C3 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. 15-062) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the February 9, 2015 City Council Work Session Minutes. (Agenda Item No. 15-063) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 16, 2015 Page 2 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of the February 18, 2015 City Council Regular Minutes. (Agenda Item No. 15-064) (Sudie Gordon, City Clerk) 3. Approval of a Contract Renewal between the City of Milton and AT&T for Telephone Services at City Hall. (Agenda Item No. 15-065) (David Frizzell, IT Manager) 4. Approval of the Acquisition of 121.63 SF of Right of Way, 449.00 SF of Construction and Maintenance Easement, and 2,251.65 SF of Construction Easement at 2425 Birmingham Road from Bruce and Susan Smitherman for a Combined Purchase Price of $11,792. (Agenda Item No. 15-066) (Carter Lucas, Assistant City Manager) 5. Approval of the Acquisition of 109.19 SF of Right of Way and 332.70 SF of Construction and Maintenance Easement at 15694 Hopewell Road from Brian and Julie Phillips for a Combined Purchase Price of $3,611. (Agenda Item No. 15-067) (Carter Lucas, Assistant City Manager) 6. Approval of the Acquisition of 0.015 AC of Right of Way and 0.249 AC of Construction and Maintenance Easement at 12624 Broadwell Road for a Combined Purchase Price of $94,075. (Agenda Item No. 15-068) (Carter Lucas, Assistant City Manager) 7. Approval of the Acquisition of 0.011 AC of Right of Way and 0.020 AC of Construction and Maintenance Easement at 12580 Crabapple Chase Drive from Crabapple Chase Homeowners Association, Inc. for a Combined Purchase Price of $35,575. (Agenda Item No. 15-069) (Carter Lucas, Assistant City Manager) 8. Approval of the Acquisition of 49.40 SF of Right of Way and 337.88 SF of Construction and Maintenance Easement at 15708 Hopewell Road from Kevin and Katherine Scott for a Combined Purchase Price of $3,665. (Agenda Item No. 15-070) (Carter Lucas, Assistant City Manager) 9. Approval of the Acquisition of 80.57 SF of Right of Way and 269.36 SF of Construction and Maintenance Easement at 15698 Hopewell Road from Hendrix Holmes for a Combined Purchase Price of $4,500. (Agenda Item No. 15-071) (Carter Lucas, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 16, 2015 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 10. Approval of a Professional Services Agreement between the City of Milton and Moreland-Altobelli Associates, Inc. for Final Design for Two Birmingham Road Bridges – Chicken Creek Tributaries 7 and 9. (Agenda Item No. 15-072) (Carter Lucas, Assistant City Manager) 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Olde Blind Dog. (Mayor Joe Lockwood) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATION 1. Consideration of the Issuance of an Alcohol Beverage License to Spice Afro Caribbean Cuisine, LLC Located at 13695 Highway 9 N. Suite 103 & 104, Milton, GA 30004. (Agenda Item No. 15-073) (Stacey Inglis, Assistant City Manager) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS 1. Consideration of an Ordinance to Amend Chapter 4, Alcoholic Beverages. (Agenda Item No. 15-054) (Discussed at December 8, 2014 and February 9, 2015 City Council Work Sessions) (First Presentation at March 2, 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) (First Presentation at March 2, 2015 Regular City Council Meeting) (Stacey Inglis, Assistant City Manager) 3. Consideration of an Ordinance to Amend Appendix A – Fees and Other Charges. (Agenda Item No. 15-056) (First Presentation at March 2, 2015 Regular City Council Meeting) (Stacey Inglis, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 16, 2015 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 11) NEW BUSINESS 1. Consideration of Amendments to the Personnel Policy Handbook to Modify the City of Milton Policies Regarding Social Media Policy. (Agenda Item No. 15-046) (Deferred at February 18, 2015 Regular Council Meeting) (Sam Trager, Human Resources Director) 2. Consideration of Providing Future Direction for the Milton Youth Tackle Football Program. (Agenda Item No. 15-060) (Deferred at March 2, 2015 Regular City Council Meeting) (Jim Cregge, Parks and Recreation Director) 3. Consideration of a Resolution of the City of Milton, Georgia Waiving City of Milton Building Permit Fees for Friends of the Milton Library for the Purpose of Building a Storage Facility to House Books for Book Sales Benefiting the Milton Public Library. (Agenda Item No. 15-074) (Chris Lagerbloom, City Manager) 4. Consideration of a Resolution Supporting an Application to the Atlanta Regional Commission for Funding of SR 372 Crabapple Road/Birmingham Highway Intersection Improvements. (Agenda Item No. 15-075) (Carter Lucas, Assistant City Manager) 5. Consideration of a Resolution Supporting an Application to the Atlanta Regional Commission for Funding of an Update to the Milton Comprehensive Transportation Plan. (Agenda Item No. 15-076) (Carter Lucas, Assistant City Manager) 6. Consideration of a Resolution Supporting an Application to the Atlanta Regional Commission for Funding of a Northeast Crabapple Connector Project. (Agenda Item No. 15-077) (Carter Lucas, Assistant City Manager) 7. Consideration of a Resolution Supporting an Application to the Atlanta Regional Commission for Funding of a Milton Multiuse Trail Connection to Big Creek Greenway. (Agenda Item No. 15-078) (Carter Lucas, Assistant City Manager) 8. Consideration of a Resolution Supporting an Application to the Atlanta Regional Commission for Funding of Bethany Road at Providence Road Intersection Improvements. (Agenda Item No. 15-079) (Carter Lucas, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 16, 2015 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 9. Consideration of a Resolution Supporting an Application to the Atlanta Regional Commission for Funding of a Study of SR 140 Including the Intersections of Ranchette Road and Green Road. (Agenda Item No. 15-080) (Carter Lucas, Assistant City Manager) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 15-081) The minutes were provided electronically HOME OF ' IN41--LTON't ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 5, 2015 FROM: City Manager AGENDA ITEM: Approval of a Contract Renewal between the City of Milton and AT&T for Telephone Services at City Hall. MEETING DATE: Monday, March 16, 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 () NO CITY ATTORNEY REVIEW REQUIRED: YES ONO APPROVAL BY CITY ATTORNEY (APPROVED PLACED ON AGENDA FOR: d 3 16 I REMARKS © Yo PHONE: 678.242.2500 1 FAX: 678.242.2499 info(Ocityofmiltonga.us I www.cityotmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 () NOT APPROVED 44 'Green 'V **Certified 70P 'Qu Community ' City u ILnLIFtEthics aec RE To: Honorable Mayor and City Council Members From: David Frizzell, IT Manager Date: Submitted on March 3, 2015 for the March 16, 2015 Regular Council Meeting Agenda Item: Approval of a Contract Renewal between the City of Milton and AT&T for Telephone Service at City Hall. ____________________________________________________________________________ Department Recommendation: The IT Manager recommends approval of this contract. Executive Summary: This contract provides for telephone service at City Hall. This is a renewal for the existing service, and neither adds nor removes features. Funding and Fiscal Impact: The cost for this service has been budgeted. Since the renewed contract also comes with a no- cost technology upgrade, plus 6900 included long-distance minutes, there will be a nominal cost savings over our current bills. Alternatives: Allowing our current contract to lapse would increase the city’s monthly cost for this service. Legal Review: Paul Higbee – Jarrard & Davis (2/26/2014) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): City of Milton IP Flex and MA Combined 2.20.15.pdf (combined Master Services Agreement and contract documentation) v u . AT&T MANAGED INTERNET SERVICE PRICING SCHEDULE Contract Id: 4474625 AT&T MA Reference No. 200912040012UA AT&T Contract ID MIS1178490 Customer AT&T City of Milton AT&T Corp. Street Address: 13000 Deerfield Parkway Name: City: Milton State/Province : GA Title: Zip Code: 30004 Country: United States Date: Customer Contact (for notices) AT&T Sales Contact Information and for Contract Notices Primary AT&T Contact Name: David Frizzell Name: SARA MARIE ZOCCOLA Title: IT Manager Street Address: 754 PEACHTREE Street Address: 13000 Deerfield Parkway City: ATLANTA State/Province: GA City: Milton Zip Code: 30308 Country: United States State/Province: GA Telephone: 4049869328 Fax: 7703605085 Zip Code: 30004 Email: sz872q@us.att.com Country: United States Sales/Branch Manager: HUTCHISON FRANK Telephone: 6782422517 SCVP Name: HUTCHISON FRANK Fax: Sales Strata: Retail Sales Region: SE Email: David.Fdzzell@cityofmiltonga.us With a copy to: Customer Account Number or Master Account Number. 1-QRSN- AT&T Corp. 1065 One AT&T Way Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast att.com AT&T Solution Provider or Representative Information (if applicable) ❑ Namel: Company Name: Agent Street Address: City: State: Zip Code: Country: Telephone: Fax: Email: Agent Code This Pricing Schedule is part of the Agreement between AT&T and Customer referenced above. Customer (by its authorized representative) AT&T b its authorized representative) B: By: Name: Name: Title: Title: Date: Date: AT&T and Customer Confidential Information Page 1 ASAP! eCRM ID 1-2W9XTXH PS MIS 2006 SITE SPECIFIC 9/12/2012 Contract Id: 4474625 AT&T MA Reference No. 200912040012UA AT&T Contract ID MIS1178490 AT&T MANAGED INTERNET SERVICE PRICING SCHEDULE This Pricing Schedule and any promotional discounts provided herein shall apply to the Services ordered at an eligible Customer Site(s) only. In the event Customer wishes to order additional Services to a Site(s) that is ineligible for such promotional discounts, Customer and AT&T will be required to execute a new AT&T Managed Internet Service Pricing Schedule for Services at such Site(s). 1. SERVICES Service Service Publication Location AT&T Managed Internet Service (MIS) htfp://serviceguidenew.aft.com/sg flash PlayerPage/MIS AT&T Bandwidth Services hftp://serviceguidenew.att.com/sq flashPIgyerPage/BWS 2. PRICING SCHEDULE TERM AND EFFECTIVE DATES Pricing Schedule Term 1 36 Pricing Schedule Term Start Date Effective Date of this Pricing Schedule Effective Date of Rates and Discounts I Effective Date of this Pricing Schedule 3. MINIMUM PAYMENT PERIOD Service Components Percent of Monthly Service Fees Due Upon Termination Minimum Payment Period Prior to Completion of Minimum Payment Period per Service Component All Service Components 50% Longer of 12 months or until the end of the Pricing Schedule Term 4. GRANDFATHERING AND WITHDRAWAL Availability of Service Components is subject to grandfathering and withdrawal per the Service Guide. AT&T and Customer Confidential Information Page 2 ASAP! eCRM ID 1-2VV9XTXH PS MIS 2006 SITE SPECIFIC 9/12/2012 AT&T MANAGED INTERNET SERVICE PRICING SCHEDULE 5. RATES (US Mainland, and HI only) Section I: AT&T Managed Internet Service Access Bandwidth - Table 1: Tiered T-1, NxT-1, E-1 And Frame Contract Id: 4474625 AT&T MA Reference No. 200912040012UA AT&T Contract ID MIS1178490 Access Method Speed MIS Monthly Service Fee List Price MIS w/ Managed Router Monthly Service Fee List Price Discount T-1 T-1 $470 $540 45.0% bpeea not avanaDle wan W-1-6 FN l t Speed available only with MPLS PNT Feature Table 2: DNS Services Option I Monthly Service Fee Additional Prima DNS available in increments of up to 15 zones with a maximum of 150 Kilobytes of zone file data $100 per DNS increment Additional Secondary DNS available in increments of up to 15 zones with a maximum of 150 Kilobytes of zone file data $100 per DNS increment Table 3: MIS Tele — Installation Discount: 100.0 % MISSpeed Undiscounted MIS Undiscounted MIS w/ Managed Router 56 Kbps $1,000 $1,000 128 Kbps -1.5 Mb s $1,000 $1,000 NxT-1 $2,500 $2,500 Tiered/Full T-3 $5,000 N/A Tiered OC -3, OC -12, OC -48 $10,000 N/A Ethemet $1,500# $1,500**# 10 Gig Ethernet* $10,000# N/A Service not available with MF'LS NN I **Pricing available for MIS speeds of 100 Mbps and below and with electrical interfaces only. # Pricing also applies to Service locations in Alaska Table 4: On -Site Installation Dicrnunt. 0 no/. MISSpeed Undiscounted MIS w/ Managed Router Only 56 Kbps $999 128 Kbps -1.5 Mb s $999 NxT-1 $999 Tiered/Full T-3 $1,000 Tiered OC -3, OC -12, OC -48 $10,000 Ethernet $1,500' Nnang also applies to Service locations in Alaska Table 5: Class Of Service Option - Tiered T-1, T-3 and Burstable Service - Monthly Service Fees Discount: 94.0 % Speed Class of Service Monthly Fee — List Price* w/ or w/out Managed Router 56 Kbps** $225 128 Kbps** $225 AT&T and Customer Confidential Information Page 3 ASAP! eCRM ID 1-2W9XTXH PS MIS 2006 SITE SPECIFIC 9/12/2012 Contract Id: 4474625 AT&T MA Reference No. 200912040012UA AT&T Contract ID MIS1178490 AT&T MANAGED INTERNET SERVICE PRICING SCHEDULE 256 Kbps** $225 384 Kbps** $225 512 Kbps** $225 768 Kbps $225 1024 Kb s** $225 1.5 Mb s $225 2xT-1 3 Mb s $225 3xT-1 4.5 Mb s $225 4xT-1 6 Mb s $225 5xT-1 7.5 Mb s $225 6xT-1 9 Mb s $225 7xT-1 10.5 Mb s $225 8xT-1 12 Mb s $225 10 Mb s $825 15 Mb s $1,075 20 Mb s $1,325 25 Mb s $1,575 30 Mb s $1,825 35 Mb s $2,100 40 Mb s $2,350 45 Mb s $2,750 155 Mb s $2,750 * Charges waived for Sites with AT&T BVoIP Service **no real-time class available (t)Speed not available with MPLS PNT # Pricing also applies to Service locations in Alaska Table 6: Class Of Service Option - Flexible Bandwidth Billing Option - Monthly Service Fees Discount: 94.0 % Speed Undiscounted MIS w/ or w/out Managed Router Monthly Service Fee** Up to 1.5 Mb s $225 2.0 Mb s $285 2.01 - 3.0 Mb s $360 3.01 - 4.0 Mb s $435 4.01 - 5.0 Mb s $510 5.01 - 6.0 Mb s $575 6.01 - 7.0 Mb s $640 7.01 - 8.0 Mb s $705 8.01 - 9.0 Mb s $765 9.01 to 10.0 Mb s $825 10.01 to 15.0 Mb s $1,075 15.01 - 20.0 Mb s $1,325 20.01 - 25.0 Mb s $1,575 25.01 - 30.0 Mb s $1,825 30.01 - 35.0 Mb s $2,100 35.01 - 40.0 Mb s $2,350 40.01 -45 Mb s $2,750 45.01-155 Mb s $5,000 200 - 250 Mb s $5,400 300 - 350 Mb s $5,800 AT&T and Customer Confidential Information Page 4 ASAP! eCRM ID 1-2W9XTXH PS MIS 2006 SITE SPECIFIC 9/12/2012 Contract Id: 4474625 AT&T MA Reference No. 200912040012UA AT&T Contract ID MIS1178490 AT&T MANAGED INTERNET SERVICE PRICING SCHEDULE 400 - 600 Mb s $6,200 622 Mb s $7,000 700 —1000 Mb s $7,800 1.5 Gb s** $7,900 2.0 Gb s** $8,000 2.5 Gb s** $8,100 3.0 Gb s** $8,200 3.5 Gb s** $8,300 4.0 Gb s** $8,400 4.5 Gb s** $8,500 5.0 Gb s** $8,600 5.5 Gb s** $8,700 6.0 Gb s** $8,800 6.5 Gb s** $8,900 7.0 Gb s** $9,000 7.5 Gb s** $9,100 8.0 Gb s** $9,200 8.5 Gb s** $9,300 9.0 Gb s** $9,400 9.5 Gb s** $9,500 10.0 Gb s** $9,600 *Charges waived for Sites with AT&T BVoIP Service ** Speed not available with MPLS PNT # Pricing also applies to Service locations in Alaska Table 7: Class Of Service Option - Installation Fees Discount: 100.0 % Class of Service Undiscounted Installation Fee"' $1,000 *Charges waived for Sites with AT&T BVoIP Service # Pricing also applies to Service locations in Alaska Section II: Additional Service Fees Moving Fee (during hours) 1 $1,000 per location` Additional Moving Fee (outside standard operating hours — 8:00 a.m. to 5:00 p.m. Monday through Friday) I Additional $500 per location* Suolect to avauaomty, pricing also applies to Service locations in Alaska This is the last page of the Pricing Document AT&T and Customer Confidential Information Page 5 ASAP! eCRM ID 1-2W9XTXH PS MIS 2006 SITE SPECIFIC 9/12/2012 AT&T IP FLEXIBLE REACH PRICING SCHEDULE Contract Id: 4474626 AT&T MA Reference No. 200912040012UA AT&T Contract ID. BVP1178491 Customer AT&T City of Milton AT&T Corp. Street Address: 13000 Deerfield Parkway Name: City: Milton State/Province : GA Title: Zip Code: 30004 Country: United States Date: Customer Contact (for notices) AT&T Sales Contact Information and for Contract Notices Primary AT&T Contact Name: David Frizzell Name: SARA MARIE ZOCCOLA Title: IT Manager Street Address: 754 PEACHTREE Street Address: 13000 Deerfield Parkway City: ATLANTA State/Province: GA City: Milton Zip Code: 30308 Country: United States State/Province: GA Telephone: 4049869328 Fax: 7703605085 Zip Code: 30004 Email: sz872q@us.att.com Country: United States Sales/Branch Manager: HUTCHISON FRANK Telephone: 6782422517 SCVP Name: HUTCHISON FRANK Fax: Sales Strata: Retail Sales Region: SE Email: David.Frizzell@cityofmiltonga.us With a copy to: Customer Account Number or Master Account Number: 1-QRSN- AT&T Corp. 1065 One AT&T Way Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast att.com AT&T Solution Provider or Representative information (if applicable) El Name: Company Name: Agent Street Address: City: State: Zip Code: Country: Telephone: Fax: Email: Agent Code This Pricing Schedule is part of the Agreement between AT&T and Customer referenced above. The undersigned, on behalf of Customer, acknowledges that Customer has received and understands the advisories concerning (i) the circumstances under which, and (ii) the non -US countries in which, emergency calling (including but not limited to E911 service or its equivalent in other countries) is not or may not be available, as stated and identified in the AT&T Business Voice over IP Services Service Guide found in the SG Library at hftp://serviceguidenew.aft.com. Such circumstances include, but are not limited to, relocation of the User's CPE, use of a non-native or virtual telephone number, failure in the broadband connection, loss of electrical power, and delays that may occur in updating the Customer's location in the automatic location information database. For additional Most of World advisories, see section "Additional Terms," sub -heading "Emergency Calling Most of World". Customer (by its authorized representative) AT&T b its authorized representative) B: B: Name: Name: Title: Title: Date: Date: AT&T and Customer Confidential Information Page 1 ASAP! eCRM ID 1-2W9XTXH V0U3 14 ps_bvoip_abscon_newstart AT&T IP FLEXIBLE REACH PRICING SCHEDULE 1. SERVICES Contract Id: 4474626 AT&T MA Reference No. 200912040012UA AT&T Contract ID. BVP1178491 Service Service Publication Location AT&T IP FLEXIBLE REACH http://servicequidenew.aft.com/sq flash PIayerPage/BVOIP Priorto Completion of Minimum Payment Period 2. PRICING SCHEDULE TERM AND EFFECTIVE DATES Pricing Schedule Term 36 months Pricing Schedule Term Start Date I Effective Date of this Pricing Schedule Effective Date of Rates and Discounts I Effective Date of this Pricing Schedule 3. MARC MARC under this Pricing Schedule None 4. MINIMUM PAYMENT PERIOD Service Components Percent of Monthly Service Fees Due Upon Termination Minimum Payment Period Priorto Completion of Minimum Payment Period per Service Component All Service Components 50% Longer of 12 months or until the end of the Pricing Schedule Term 5. ADDITIONAL TERMS AND CONDITIONS 5.1 Emergency Calling Most of World Emergency Calling Most of World At or before Service activation at a Most of World Site with outbound BVoIP calling, Customer certifies it has and agrees to continuously keep individual business lines and other appropriate facilities with a local service provider or other provider capable of, and responsible for, providing Customer access to three -digit emergency dialing services, if AT&T does not provide emergency dialing service and for as long as AT&T provides outbound BVoIP service to that Site. Customer is responsible to ensure that all calls to these emergency dialing service numbers are routed over appropriate facilities to ensure completion provided by that local service provider, or other provider. Customer agrees to indemnify and defend AT&T from and against any and all third -party claims and related loss, liability, damage and expense, arising from Customer's failure to perform Customer's obligations outlined in this Section. AT&Ts provisioning of outbound BVoIP service is conditioned upon Customers full compliance with these obligations, and failure to do so is a material breach of this Agreement. 5.2 White Pages, Yellow Pages, Directory Assistance White Pages, Yellow Pages and Directory Assistance database listings are subject to (1) rules, regulations, guidelines and requirements of Business Directory Publishers and Directory Assistance providers, including but not limited to AT&T Affiliates, relating to the information which may, may not or must be included in listings, and (2) federal, state and local laws, ordinances and regulations, including those relating to deceptive practices and deceptive advertising. Customer (not AT&T) is solely responsible for complying with (1) and (2). If Customer supplies information to AT&T that, according to the Business Directory Publisher or Directory Assistance provider or otherwise, AT&T and Customer Confidential Information Page 2 ASAP! eCRM ID 1-2W9XTXH V06.23 14 ps_Mip_abscon_newstart Contract Id: 4474626 AT&T MA Reference No. 200912040012UA AT&T Contract ID. BVP1178491 AT&T IP FLEXIBLE REACH PRICING SCHEDULE violates (1) or does or may violate (2), Customer understands that its listing information may, without advance notice, be rejected or removed from White Pages, Yellow Pages and Directory Assistance databases, and Customer will indemnify and hold AT&T and its Affiliates harmless from any and all losses, liability, damages, fines, claims, costs or expenses (including attorneys' fees) of any kind, suffered by AT&T, by any AT&T Affiliate, by Customer or by any third party as a result of Customer's breach of its obligation. 6. RATES Discounts are applied to the applicable Service Publication rates. AT&T and Customer Confidential Information Page 3 ASAP! eCRM ID 1-2W9XTXH V06.2314 ps_bvoip_abscon_newstart AT&T IP FLEXIBLE REACH PRICING SCHEDULE 7. DISCOUNTS MRC=monthly recurring charge OTC=one time charge 7.1 US DISCOUNTS Common Billable Elements Contract Id: 4474626 AT&T MA Reference No. 200912040012UA AT&T Contract ID. BVP1178491 Table A: Common Billable Elements (apply regardless of Underlying Transport Service) Item Type of Charge Element Discount US Off -Net Calling Charge (US Terminated Off -Net Calling Charge) Per Usage 20.0% Non -US Terminated Off -Net Calling Charge - fixed Per Usage 20.0% Non -US Terminated Off -Net Calling Charge - mobile Per Usage 20.0% AT&T IP Flexible Reach Enhanced Features Package Charge MRC, per Concurrent Call 100.0% It. Calling Plan Discounts Table C: Calling Plan C (IP Local and IP Long Distance Bundle) (apply only if AT&T MIS is the Underlying Transport Service, and Customer is using a TDM PBX) Item Type of Charge Calling Plan Discount AT&T IPTF Bundled Discount Calling Plan Setup Fee OTC per Site 100.0% Not available Calling Plan Charge MRC, per Concurrent Call 84.29 % N/A Telephone Number Charge MRC, per Number 100.0% Not available III. Underlying Transport Services Support Charges Table A: VolP Module Charges (apply only if AT&T MIS is the Underlying Transport Service, and Customer is using a TDM PBX) Item Type of Charge Element Discount VoIP Module Card (if applicable) MRC, per Concurrent Call (where the list price will 100.0% vary by number of Concurrent Calls) This is the last page of the Pricing Document AT&T and Customer Confidential Information Page 4 ASAP! eCRM ID 1-2w9XTXH V06.2314 ps_bvoip_abscon_newstart 4049869425 15AD 10: 13:12 a.m. 07-01-2014 6114 912044012 M1MOOINA Customer Ms authartzed Way CXY of MA01, orp. Name. t orsntarttm Irdernattonal Anti* Name 13000 i"rWd Parkway TRW. eft. 43A 30004 Ott,: oft, K 2409 USA Custmer Mr not ) AT&Tr Tift, 19000 Dsarfleld Parkway COLUMBI& So 29201 Won, QR 90004 w AATT&tT Corp. Umied SWw Teieptxnw. 8782422317 Orm AT&T VV*y BadrWrialer, NJ 07921-07M I= ksilay. chrlsty�attyafi�t&a�ga.w ATTN: Masser Agrssment Support Team t:n�: m,g� This MasWr AgrMi "t {"Masbr Aereerne ln, tin the QW(Xx er narnad above rCu*wn*l and the AT&T enfy maned Oboes (°AT&T'), is eftctive when *nod by both Cuatomw and AUT. and canftm in eWd a* long as Ser%4= aro prawided undertt>is Mas#erAg t. Thb Mastsr Asrawnerrt w0 appy to a# ssrWM and equipment Customer buy's trom AUT, naw and in the idum, that are PmvidW under PMng Schedules atteciud to or mWwav this Maier Agmwmt (,Swylms' COW Services may be pmvkled by dgning addhf&W Pricing Schedules at any fte. AT&T starKlard sa►vlN offwkVe ars dasatwd in Tarr, « uldabooks, SMAN GAIes and cPwdownerds ide,rtitled In this MastrAgraerneM. ustomer (by b auftrrmd Ms authartzed Way Name. t Name on D4t f 0. #,*401"Woftr T r TRW. Ott,: oft, K 2409 W AT&T and Cuabow ConfkkmdW information Paps 1 of 9 LA VER t 07!141118 DORM to 4049869425 15AD 10:13:26 a.m. 07-01-2014 7114 11411111111111111 T' -TT' Pi -05-7 1.1 0vWvi0w of paaum@11te. The twM and conditions governing the Samos that AT&T provides to Custarnarare sed fartf► In this tdaatsr AgrnnemeM the falkYA" addWorrod documents, and any othtrr c1mm ernts executed by Un parties and reierwainp this Master Agcom. "oh documents together veldt ft Mester Agreement are called 'd* Agreexnwn: (a) Prtcttg t9duclubs. A Pric*m Shcsdule ociv*g mWod attachTw ts) WWWW the Serviced AT&T may provide to Customer, the price (inotudtrg d1soaunts, if applicable) for each Servbm, aid the terra during Okh such prices we in effi>tct rpftft schedule Term-. (b) Tw tFs end aukiebooks. "TetW rut doc amens canteintrg the standard deeodpdiodnl, Mtgng. and of W 10rMs and Conditions for 8 Service that AT&T files WM MU1e101y oanmlWom . *Guk1ebooW are dommenis containing the standard desctoftts, pdd g, and other terms and condiions far a Servtoe that were, but no longer are, tiled with regulatory aarNnissione. Tariffs and Guidebooks may be found at atLoomMentimpubocatim or other location AT&T may designate. (o) Acceptable Use Poncy. AT&Ts Acceptable Use Policy CAUPj applies to Services provided ovw or aanesslcng tte Internet The AUP maybe tbund atatt=mtaurr or other 1ocaftm AT&Tmay de4nalia. (d) Sarvtca Gutdes, The doacrfpdvn, Mtcing. and OVW twmv and conditions for UN Service not covered by a Tariff or Guidebook may be contaiaad in a Service gide, which may be €ound at or vlher tocottorg AT&T may designate. 1.2 Pfrority of D=Wn*nth. The ardor of priority of ttte docxrrnents that form this Agreement Is: Prldng Schedules; tft Master' AWee'rAnt the AUP; end Tariffs. Guldebooks and Service Guides: provided that, Tariffs will be fust to priority in any jurisdiction where endstkng law or regulation does not permit controct terms to take Precedence over Incondstent tcaiff terrr►s. 1.3 Rewiaioas re Doceunaetta, Subject to Seddon 8.2(c) (Materially Adverse Chongej, AT&T may revise Taft, Guidebooks, Service Guides or the AUP (co(Jetliveiy *Service Pubiimfione) at any time. 1A Exeoutlat by Affitiaias. An AT&T Atliyate or Customer Af date may siert a Pricing Sc hadule referencing Miss Agreement in its own name and such Affiliete oontrad wilt be a separate, but assodatad, contract incorporw tg the terra of Ulla faster Agreement with respect to that Pricing B&wedute. Customer and AT&T will ae'aerge to have tiled' raspectve Affiliates comply with this Agreement regardifas of whether an Affdlafe has signed a P&N Schedule - 1.8 Capitalised Terms. Caphattzed lemts not otherwise defined in this Agreemennt are defined In Seotion 11(Defr&onsj. 2. AT&T DELIVERABLES 2.1 Services. ATSY agrees to eiAur provide or amar>ge, to have an AT&T Af011ate provide Smrvkats to Customer in a= denoe with tMs AgrenxnaM subjed to avellablky and aparoional list U t u of syaferrns, to es and equipmeortt. VAmn required, an AW Affftte authorized by the apprnprfete regulatory aur wx* will be the se rvkna provider, 22 AT&T ftdpmwt SaMoes may Include: use cif certain ed *Tett owned by AT&T that Is bouotad at to sit CAM EqUipmentl but title to the AT&T Equipment win remain with AT&T. Custwneec mixt proNda ebb to parer fbr ffre AT&T Equlpmwt and keep the AT&T Equipment physidelty secure and I% hone lens and &murnbranoee. Customer vrii beardie reek of toes or derange to AT&T Equt anent (ather than orowy wear and tear) exow to ffne erdtant crauleed by AT&T or 4s agents. 23 Software. Any sobrare used with ftte Sarvkxs wig be gotremted by ire wr1ffM berms and aondt m applaabie to such so M. Ti9e to eoftuvare remafis with AT&T or itesd"ler: CUstarler Must comply wtdt all such term and eot�ttions end they tales prxvclonce over ffnia Agreement aro to such somarv. 3. CUSTOME" COOPERAT[OM V Access RUM Custarrner vA In & im* mwww allow AT&T to Boom property and equdprnent that Customer controls as reasonably required to provide the Serv&tas, and Customer rdll obtain, at CusborWa experttrt;R, timely a= g for AT&T to property M Customer does not cornual (ocher than public property) as marwrebly WpjkW to provide the 8' r*w Acs rights LNIWe the right to consULA tr%Wl, repair. mairdain, rWace and ranwve access lines and rralwork fadigm as AT&T and Crretonrner CanftdeatW Information Page 2 of 9 Uri VM 1014= eCRM 0 4049869425 15AD 10:13:51 a.m. 07-01-2014 8114 wed as to Lk" ditdlary equtpntemtt Space within a tumlding, as necessary for Customer`s carrodion to AT&T,$ n$MV k Customer M&W provide AT&T bytwly Inforrrration and access to Cudor wilt batltiet W egt tt as AT&T ranwg fy mires to provide the Services, subJect to CuM mees reasonable seour4 pades. Customer will firrfiah any carduit, boles. Wraways- wing, Plans. equipment space. pia, and otter Titans rra monabiy Mquired to partnmt installation of the have S&s Obtain naoaaaary Ilcenaes, permits and consents Including •assrmments and rights-of-vay). Cuebmer wIN ready for AT&T to perform its work accordMp to a mutually agreed schedule, 32 Sade Working Environment. Customer aril amnsurt;e that the boa&m at whbtt AT&T Installs, makth to or pcovldes Services Is a suitable ark sails workft environment, brae of Ham'aardoua Matsriats. 'HwArdous McWde e' means any Substance or malarial capebb of posing an unreasonable tutu to health, safety or property or whose use, transport, stodmmge, hatuinp, disposal. or release is regulated by arty late nHaieti to poltiudon, protection of air, water, or soil, or haakh and tafeiy, AT&T deft not harxM, Mmoae or dspow of Hazardous k4afti lie, and AT&T has no ob%aew to perform work at a loodw that is not a suitable and 98110 worts V wMmnrrment AT&T wit not be Nlble for ony Hezerdow Mataiafs. &3 Usfma. `Uwe means anyone who Uses Or acoal$" any Service pmvklod to Customer. Customer vA ow Users to amply with thJs Agreement, and CWkMw agnms that Cusbrwr is responsible for Users' use of any Servioee, unless expressly pnnrided to the contrary inapplboable Servloe Publoaffona. &4 Internet Servicw if a Service Is provided oust or aacomm the Intarnet'. Customer, Cudomet't Af5llates, and Were must comply with the AUP. 3.8 Resale Of 801viws. Customer may mm A read time Services to third parities without AT&Ts written consent V4here permitted Uhler applicabtc law, Customer may resell the $vrvkea to Cuekxner'a AfAlfates wltfeut AT&Ts consent 4. PrdCJNG AND MILLING 41 Mcing and Pricing Schedule Term: Terms AppBcable Aftrr Bad of Pricing 8oheduie Term. Unless a Pricing Schedule sues otherwise. the prices listed in a Pricing Schedule are stabliked until the end of em pricing Schedule Tem, No promotion. credit or wratverset forth in a Service Publicalon will appy unless the Pricing edha&te slates 0#4040, 0, At the end of a Pricing Schedule Term, Cis tomer wlti have the option to either' (a) oesef usktp lite Service (wig wfll ,squire Customw bo take aN steps required by AT&T to temminate the Seuvlook or (b) continue usfrp be Service under a mond,-bo- monlh sarvios arrangement. Unless a PrkbV Schee we states Otherwise. duttg any mono b month service arrangement, the prlow terns and c rsdillons In eQ'ect on the last day of the PrtckV Sdredufe Term will oormtinue until oMBmtged by AT&T On 30 days' prior notloe to Cuatexrmr. 4.2 AdditfonW Charges and Taxes. Prices flet forth in a PriaQ Schedule are em iushm 0 and Custnrrmw will pay, al current and future taxes (ex luring those on AT&Te net Income), surcharges, recovery trees, custom cWWWOw, duties, kvkM ships tg dwges, and outer similar charges (and any associated briefest and pWolftgring hum Ce $kxn is failure to Onefy pay such w ms or skr&r charg") rrlat V to the sale, transfer of ownws hlp, inataitetfort„ Boone, use or provision of the Services, except to the extent Customer prwldes sawactory prod of a valid tax am, Pftor to the delivery of Servioe& To the extent Customer is required by 18w to withhold or deduct any apple tmemm from payer due to AT&T, Customer will use m+sasonabie oom mamdel efAods to minhr*e any such tries to the extant atbwmed by law or treat}, and Customerwill ftmmish AT&T with such evidence as"be mtegWmd by mievmnttoft suptom'hipa to that such tori has been paid to that ATST may delnt any agcpkeble cruet 4.3 Balfg, Unless a PdcbV So heduia spscifks othemwrlae, Cusbrrmle obYgatlen to pay ler al Services wV1 begin upon Instagmdlon and avaftabirftyr of ltte SerA ces to Customer. AT&T w9 irwoloe Cuatcrosr 1w time Sen4oes on a mart * beets, or oftwWee as specified In the Prking Sc haduW Customer vA pay AT&T whhout dsdexelart (exempt for rv(fltbottting taxes as Provided In 8ecloa 41— Addtionat Chow and Taxes), setoff (exsapt a provided In Section 4.6 — Delayed � ;; tl�ulmtd Charges), or defay for any reason. At Customers Moeak but euect to Mrs coneaht (Which may be withheld if therm wfA be Operational hnpedfmarrts or tax coro"uenoea), Customers Aflfatea may be inwicnd eq mmvagy and AT&T WIN axapt Payment from such Afl h tes. Cudomer will be reapomtebe for Pageant If CLOWnmpx's AMWm do not pay chargas In accordance with this Agreement AT&T may require Customer or IM AHilafes to dander a deposit If AT&T delermitas, In its reasonWa ludgmaK that Customer or Cudornerls Affi bles are not rredibvorthy. 4.4 Pay "r ta. Paynhant is due within 30 days after the date of the invoice (Uni is another date is specified in an appJbable Tariff or GL*M Sok) and must refer to the invoice number. Charges must be pada in the oumne y wed in the rove M Restrictive endorsanerrts Or other statements on dwft are void. Cudorw via rofmburae AT&T for aN costa associated with clecdng delinquent or dialwaed paymertle, btsl tilt reasonable sifOMWs fees. AT&T may dwp Nate payment Hasa (a) for Servk es o0nUWW in a Tariff or (3ukWx)ok, at the rate specoW or (b) for aN other aervi ;e% at the lower of 1.5% per month (18% per annum) or the maxkwm rate allowed by mew for overdue payments. U600(i w AT&T and Customer Confidential Jrtforaustion Page 3of9 U1. VER ( 07114101; 4M ID 4049869425 15AD 10: 14:25 a.m. 07-01-2014 9/14 4.8 Debyed gilPiv D*R tad Charprss. Customer YAK not be nequimd to Pay quirt s for Serviwa Invoiced more tie 6 matths alter does of the billing month h which the were lncunW. except for automated or We operator assisted calts Of any type. if Custer ditpulas a► chars. Customer will pmMe noU tc AT&T spgdfic y idenit ft the chases and the ream it is dgxftd within d months atter ttw daft of Via atliectsd tnvOcw or Custorw waives tthe right, to die" the charge (except to the exW applicable krw or rspftin otherwive requies). Di�e4 Disputed rgmay be withha, let it not paid when due, Customer Will drain isle paynent felt In e000rdarrce with 4.4 (Payments); homww, to to sxtmt AT&T ddeanines the chargee Customer disputed and wit O*M were Invoiced in error, labs payment fees for such abaWs wlb be reverse d. 4.6 MARC. WI num Annual Revenue Commilrnent ("MARC) mum an annual nevenus comunprnsnt of MARC+4blg Charges ant forth in it Pricing Schedule tliat Customer agrees to sad* during each 12 conseordve month period of the Pricing Schedule Tenn. At the and of each such 12 month Pedod, d CuMpmer has failed bo Wil* titan MARC for the preceding 12 month period. Customer will be irtvoioed a aharifelt chop In an amount *qW to the fitferencv bqbVW the MARC and the knead of the applkabte MARC-Bgible Charges Inturrad MHft the 12 month period. and primmA wig be due In accordancR with $action 4.4 (Payments} 4.7 Adjustments to MARC. (s) In the event of a business downturn beyond Customs control, or a cogxxale divestiture, merger, acquisition or sigol11Cxnt reMtructuring OF MOrPri teflon of Course's business, or network optimization uaimg other Services# or reduction of ATW"s fxicea, or fog maw evemis, any of which slgnM=* Impags Cistor Wa abKy to meet Customer's MARC, AT&T w91 offs to edlult the afieclsd MARC to reflect C:ustome's reduced usage of Servioss (va a corresponding adjustnunt to the prides or discount svapable at the reduced MARC #Qui}}.. If thv parties reach mutual agreenrerlt on a rased MARC, AT&T and Cu&tcrner will amend the, *%cted tsdit Sc9hsduis pmgxw ively. This Settlor 4.7 will not apply to a charge resulting from Customeet deoision to use service prwtdsrs other than AT&T. Oubtomer wid provide AT&T wrfilen runtice and evidence of the conditions Customer beleves will require the appd>CNIOn of this provision. This Provision does not constitute a weever of any charges, indudhgmon tdy recuMrg charges and shorVap charges Customer incurs prior to amandment of etre affected Prldng &,Aedulg. (b) If Customer, through merger. consolidation. sogualon or otherwise, aoguires a new business or operation, Customer end AT&T" mutually agree to inckxk the new bu*wn or operation under this Agmwent Sash agreement win alts fy the impact, if any, of such addition on Customers MAR C or ORM volume or growth discounts. and Oustonwr+s attalmment thereeof. S. CONFMENTWL INFORMATION &I Canfiderrtl2l infonnstion. Cwh*ntlW Information means: 0) information the parties strays with each other in ccmnsolbn with this Agreement or in anticipation of providing Services areolar this Agreement but "to the extent idonftd as Conlidwndal Information In wrtiirg, and (b) aXOW ae may be required by apple law or regulation. the term of this Agreement and arty prichg or other proposals. 5.2 Obtigaiiona. Each party's C.omtidential Infonmrikn wed, for a period of 3 years "OW09 itis dlsdosws is the ether P" (exempt In the case of software, which is indsftnPoej: (a) be held in owddenc% p) be used and tm=nittsd between ornrrt6W 0* for ptaposes Of using the Sevvtoas or performing this Agm mend (in� in the cares of AT&T, the ob4ty do utigaa Customer's Conttdentiat lrriormalion in order to detect fraud, dvwk qustity, acrd to openrie, makfth and repair the Servloes); and (c) not be disclosed, acept to the receivirl:j pargr's ernhptoyeea, agenda and iso *Ulm having a nwi:143-� (but only if such agents and cornraotcra are not direct corrrpetttors of the other Psi* and agree b writing to use and thsdosure restriotim as native as this Section 8), or to the exW authorized to be revealed by law. gmmmanW atdho* or iegai Pmms (but only N such disclosure Is Itmfled to that ha at is ea authored and prtxopt nothne is provided to the d *sN Party tc the extant practtcable and not prohbifad by haw. govwmnwrtal auttarllyor legal pmcsseX M ExafrtlonQ. The realrk4tons In this Section wig not apply to any Information that (tr) b kKWP mderdly developed by thereceiftPaft ib) is bwftMY received by the rechehrirg Pehr tree of any obngatiDn to keep t confiderft or 0 beownes generally available to the publIo other than by breach of this Agreerrrertt. 5.4 Privacy t.aura. Each party is 110111MMtble for Complying wdh the prtveoy WAS a~a to its Dunes. if Customer daea not want AT&T Personnel to compricherd C:uatorrrer data to which they may have scows in perfmnmtng SeNMW Customer should ancaypt such data so that It will be uninteRglbie, until directed a#Wwi a by Custamer In wrldng. It AT&T doll airs a dedicated account ropresanUOM as Cuslamrs primary Contact with AT&T, Cudww au#XdM that nsprewntatim to d#scuss and dladow CuskwYN z customer proprietary nhetwoak hnibanadon (CPNI) to any employee or agent of Customer without a need for Artier autttenoccatlon or authorization. 1UL" 110a AT&T and Cuatomer Confidential I ntohmatlon Paan 4 of 9 UA VER i CM4= GM ID 4049869425 15AD 10:14:58 a.m. 07-01-2014 10114 S. DISCLAIMERS AND LINTAT'IONS OF I I'ABI ITY 6.1 Ib ufalmer of Warrantiox. AT&T MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMED, AND PARTICULARSPECIFICALLY DISCLAIMS ANY TITLE, ONANFRTNGEMENT, OR ANYENTATION OR VMARRANTY ARISING BYRANTY OF U O, C FITNESS TRADE OR COURSE OF DEALING FURTHER, AT&T MAKES NO REPRESENTATION OR WARRANTY THAT TMEPHONE CALL,, OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED VV"OUT ERROR OR INTERRUPTION (INCWDING CA" TO 911 OR ANY SIMILAR EMERGENCY RESPONSE NUMSM, OR GUARANTEE REGARDING NETWORK SECURITY. THE ENCRYPTION BAPLOYED BY ANY SERVICE, THE KMGRn Y OF ANY DATA THAT IS SEMI; CLACKED UP, STORED OR SUBJECT TO LOAD BALANCING, OR THAT AT&TS SECURITY PROCEDURES WILL. PREVENT THE LOSS OR AIZERAMON OF, OR IMPROPER ACCESS TO, CUSTOMER'S DATA AND CONFIDENTIAL. INFORMATION. 6.2 Limitation of LlabflliY (a) AT&T'S ENTIRE LIABIUTY, AND CUSTOMER`S EXCLUSIVE REMEDY, FOR DAMAGES ARtZBNG OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN THE SERVICES, AND NOT CAUSED SY CUSTOMER'S NEGLIGENCE, SPALL IN NO EVENT EXCEED THE APPLICABLE CREDrM SPECIFIED IN A SERVICE PUBLICATION OR PRICING SCHEDULE, OR IF NO CREDITS ARE SPECIFIED, AN AMOUNT EQUIVALENT TO THE PROPORTIONATE CHARGE TO CUSTOMER FOR THE PERIOD OF SERVICE DURING VVAIICH SUCH MISTAKE=, OMISSION, INTERRUPTION, DELAY, ERROR OR DEFECT IN THE SeW11048 OCCURS AND CONTINUES. IN NO EVENT SHALL ANY OTHER LIABILITY ATTACH TO AT&T. (b) SECTION a 2(a) WALL NOT APPLY Y0: (i} BODILY INJURY, DEATH, OR DAMAGE TO REAL OR TANGIBLE PROPERTY DIRECTLY CAUSED BY AT&T'S NEGLIGENCE; M BREACH OF SECTION 5 (Confidential Information), SECTION 10.1 (PuWlft OR SECTION 10,2 (Tradamadm ); (iii) SETTLEMENT, DEFENSE OR PAYMENT OBLIOAT IONS UNDER SECTION 7 (7M Party Clahmk OR (M DAMAGES ARISING FROM AT&TS GROSS NEGLIGENCE OR VULLFUL MISCONDUCT. (o) NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INMENTAI, CONSEQUENTIAL, PUNITIVE. RELIANCE, OR SPECIAL DAMAGES. INCLUDING, WITHOUT LIMITATIOtV, DAMAGES FOR LOST PROFITS, ADVANTAGE. SAVINGS OR REVENUES, OR INCREASED COST OF OPEMMONS_ 8.3 DFsatebtmr of Lkbiky. AT&T WILL NOT BE UAHLE FOR ANY DANF}IGiES, EXCEPT TO THE EXTENT CAUSED BY AT&TS GROSS NEGLIGENCE OR WILLFUL MISOONOLP" ARISING OUT OF OR RELATING Truk INTEROPERABILITY, ACCESS OR INTERCONNECTION OF THE SERVICES VWTH ApPUCATIONS, EQUIPMEN-T, SERVICES, CONTENT. OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; SERVICE DEFECTS, SERVICE LEVELS, DELAYS, OR INTERRUPTIONS (EXCEPT' FOR LIABILITY FOR SUCH EXPLICITLY SET FORTH IN THIS AGREEMDM; ANY INT91RUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS dNCL JW4 911 CALLS OR ANY SIMILAR EMERGENCY RESPONSE NUMBER); LOST OR ALTEREO MESSAGES OR TRANSMISSIONS; OR UNAUTHORIZED ACCM TO OR THEFT, ALTERATION, LOSS, OR DESTRUCTION OF CUSTOMERS. ITS AFFILIATE'S, USERS', OR TWM PARTIES' APPLIrATiONS, COWENT, DATA, Pkv. CONFIDENTIAL I ORIMATION, NETWORK, OR SYSTEMS. e.4 APPImtron And Sarvlvat The disdain of warranties aM *nitatlom of fabFAty set faith In this AWew4mi will ragandles• +� ttr• lomr of acdorr, whether in contract, egtrtiy, tori, or � derrn farsaeea ta, and r� Apply ao as to Limit the ltabl�y at eACh parr and ICs AtliNatas, and Creir aubcxxlArlecriora, auld ac�pPEent. Tile ins of tiablNfy and disol•Tmers set out In !tris 3adton B will survfwe feituro ai any erxcluaive rancdlse provided In thi• Agreement 7. TNRD PARTY CLAIMS 7.1 ATAT's 0b11g ws. AT&T agrees at IIs aha to defarsf or aatba any thJ94 dirty dMm age CusWw, ;Fa Affi idw and Its and ttak mgmdve employees and dhacbm, and to pay all oemperdmoy DamaM that a ame way flrmib award aping •uctt pies to to mjw t 9" c lalm MOM that a Service proaldad to C.uebxw under thi• Agreement Frtfrl any Pdolk tradamark, copptk or trade secret but not in cho wnstgrwa whin• Uw ciaim ed tnhfingassrit arbw out of or reauIts from: 40 C004m rt. Ile AfirlfAt•'s or it Uasr'a contort 0) modifications 10 the Swvtoe by Customm, Its Afti or us.yw—Lpdf AT&T and Customer Cwf`idenW Information Pass a of 9 UA VER 107/11108 aCRM 0 �_�� 4049869425 15AD 10:15:26 a.m. 07-01-2014 11J14 third parties, or combfndlons of the Service with any services or products not provided by AU r. 0) AT&T's adhwwm to Cusco Wv or Its Ailliata's written r"uUmu nbr, or (d) WM of ttte Gervfos In vbkvgan of this Agreement. 7.2 Customs OrbligaGons. Customer sgrsss at Sts expetwe to defend or settle any thud CWM t ATU, AWNAfgWe% and Its and Ihnir ABsPeOhre ernes, PlclQvs, dand sins, and to pay all coin ensa�y Damages that a court may &Wty h aga&fet such parties to the axis ft daim: (a) sneer oat of CusWm rt s. its Af illate'rs, or a User's cocoas to. or use of, the Swvtces and the CIMM Is not the re sponsibfthy of AT&T under Section 7.1- (b) ailsgas VW a Bwvloe infrhoes any patent tradsrmuk, oopAht or trade secret, and f&I)s within the exceptions In Section 7.1; or (c) alteegvs a breach by Customer, Its AflUiales, or Uma of a software kertse agreement gmwnhV software provided in Crxviection wM the Services. 7.3 1rfringing Services. Whenever AT&T is liable under Section M. AT&T may at ft opgon amar ptotatre die fight for Customer to continue using, or may replace or modify, the alleged hMrQirQ Service so that the Service becomes non- lnfr1rdong. 7.4 Notice and Cooperation. The porky seeking defense or ssttlsrnsnt of a I" party defm under 096 Sectlon 7wAl no* the Othar party a Pro" upon lowrft of any daft farwhkri daknee or sertflsmant maybe sough, but fiskme to da so Will allow the other pariyrr ooncept t I t he and o to *xW4 to Ww party t o a� �I sons* cooperate with The Party &solft the deie� � defending party writ use cowmel nwwnsbty sporietwo in the subject natter at ta=ut, wWvvfll not softie a claim without the consent of the party being defended, which consent wilt not be unnsesonebfy withheld or delayed, scow th* no consentwiN be required rwfiere reffer on the def<n is linilnd to monetary dssnages that aro paid by the deffdnding pwV under this Section 7. 8. SUSMI ISION AND TERNIYATION M Teuminadon of Agro ment TMs Agreement may be aetminated immediately upon notioe by either party ff the otttier party becomes Insolvent comm cperatforw, is the subject of a bard nrptay patttion, mnWe reoatve nOtp or any sta% kheotvenoy Prnos�ading, or maim an assOwnere for the benvfK of its creditors. 82 Termination or Suspension of Services. The fWbwwtng adduml tam inatl n pnovlatons spW (a) Fraud or Abuse. AT&T may twftnaie at suspar d an aftec:W Service, and N the aoiivtty irepiicates the &*e Agrmwnant, terminate lite Sniffs Agreement immediately by provkgng Cu9jomer wtihh as much ndvsr= nonce as is rvseonal* practicable udder the oircumstenoes if Ccrtomw.. p) coma a fraud upon AT&T; (1) 1 1 the Service to cornmit a IM9 upon another party.(t8} un(&hrrf * uses the Service; ((v) abuses or misuses AMT* nebvork or Service; or (v) interl�eras with anothercsbmeea we of Mrs notwortc or ver Aces. (b) NMUKlai Burch It either party tails to par%mf or observe sny nfntsdal term or oorhdition of lht Agreement; bdudtng nompsyment of charms (80ject to Section 4.6 - Delayed 81111hn Disputed Charges, and such f flare Continues unremedfed for 30 days &tier reaeipt of notice, the party may terminale the d eted Service, and fff go haat► tanpcsies the entins Agro wnernt tom the andre Agro ment If Customer to in breach, AT&T may stet to suspend (and later tamhinata) the a bOW Ss wxk arxi It the breach Rnplicates fire entire Agrwnsnt, suspehnd (and laler terminate) the entire Agromm t. (e) >Motwially Advme Change. If AT&T revises a Service PubliclabOn and the revision has a rnalaetisdly advarss impact on Cuslonher, and AT&T dose not etfed revisions that remedy such materhdy &dvem Impact within 30 days attar notice foam Customer. #= Curaomsr may, as Cuslarnse's sole remedy. edsat to istrab &ie the aftec6pd Service Components an 30 days' nogg to AT&T, given not later than 90 days &iter Cuetomar fist Issas of titre rsvWQn Ic tics Service Prion. Howamr, a mvistcn to a Service Pubkodon wI1 not be considered nuft dy adverse to Cuelorner if it oihertges prices dW ars not 11xed (stab(lized) In a Pricing Schedule. If the price change was mended by a govemmeMai author* or if the change affacta a dharge hpoced raider Section 4.2 Vviditionel ChMas mid TMM (d) Internet Services. if Customer WW to ree8y a vWa6on of the AUP wftn 5 days ager receiving notice tbm AT&T, AT&T may suspend the appy portlon of the ,'Service. AT&T has the right however, to sugwd or WmAnak the spofcable portion of ft Service immefttely when; p) ATM suspension or f>enni<het(on Is In response to multiple or repealed AUP vloledons or corrtplakft (9) AT&T Is soft in reapostse to a court orderor gWMvr enol nodes dthst ce t h conduct must be stopped; or (M) AT&T reasonably delwmhms: (a) #fat S may bedto sanctions, IWbiltiy, proton, or other adverse oonsequwhoea udder sppllCabls b w N AT&T wove to w On violation to continue; (b) that suoh vloladon may reuse harm to or inlerfale w Mh pia k4o9 ity or normal oparaftw or mauRy of AT&Ts naiwork or rhafa mit with which AT&T Is Interconnected or irperfsre with aaothw cudw %use of AT&T Services or to internet; or (c) that such vka fon o&arwhe presents irmrrtnexrt risk of harm to AT&T or ATd,T'ei aastvrnsrs or i� rerepeativie employees. UILVW-W AT&T and Custorner Con111090al InfonnaUon Pag4 6 of if Cot VER 1 07114008 eCR611D 4049869425 15AD 10:15:59 a, M. 07-01-2014 12114 (e) dlfrbVN Saft=. If neither of the options desated in Beakm 7.3 Onfdn tnQ Swvtces)we r"eenably svepabfe, AT&T May terminaiv the affected SeMee wWxm Wily odler than as stated in See#ort 7.1 (AT&Ts otijptiomt (f) Hmmrdous UNWAle. If AT&T enrountma ow Hazardous W31Ariats at the St where AT&T to t0 InAW, maintainot P . AT&T may Wn*L to ire aledad 8erv100 Or gem CMS or sump" Wormer unlll CueWrrter rerrtavas and rarnediatee Hazardous Materials at Cu*wwe$ expence in aeoordence whit ippkable law. 8.8 VMiWmwd of Sevteos. Notwilhaiandnn owt a Prkirg Schedule, may aarnmit AT&T to provide a Service to Cuatorrter iM a Prialrrg Schedule Term, and unlace appiioable law or mguiittett mgndates otherwfae. AT&T may dboontinue pmWdhg a Service upon 1e, monft* nodoe, or a Service Component upon 120 days' rmr x% but only where AT&T genoraify diomlinuas providing the Service or Settee Comport to atmperiy-aihua/ed 0u&fo mrs. f).4 Eflled of Twmiaftow (a) Twm rt by e0w perry of a ServGa dOw not waive any other datmle or remedies a party may haw War tMs Agreement Termhadon or suspenglon of a Service will not aQitct fire rights and obYgatlons of the panes regarding illy o#r 8wvfce. (b) If a Service or Servba Component ie, tarmiroW, Cue1 Omer will pay all amo u ft Incurred prior to the effectivs date of terminadw. If Cust mw terminates a S&VIOe or Service Component prior to the date Cuotorwo obpp gw to lay thr Services beglns as provided in Section +1.3 (Slifing). Cuetm wr vAl n9mburse AT&T fbr arae and mdarleb Incurred prior to the of 6ave cote of 119 urination, plus any thkd party chargee reatdting from time tomkittion. 8.6 Termination Charges, (a) If Customer taitnlnafes title Agrmmw or an affected Service or $orvtce Compmwt punlaw t to $@Go= 8.1 (Termination of AgreerneM). &2(b) (Materfai Breach), or 8-2(0) (Hielerfally Advaree Charee); AT&T tannin as a Service pursuant to SeoWn 8.2(e) (hl*fpglrlg Services), or AT&T wdhdrsws a GeMw pursuant to Section 8.9 (Wtlhdrmwal of Services). Cum merwifl riot he nimble W the tsrrr&adion dtarges set forth In 8e00on 8.6 ft (b) If Cuotomar terminates a Service or SwYlee Component other than asset forth in Seodon 8.5(s), or AT&T larminetee an aff&Aad BWvlcs or Service Component pursuant to Sections &1 (Termination of AgwunenQ, or &2(a) (Fraud or Abuse). SAW (Malarial 8reachl 8.2(d) ar"mat SeMc we, at &2(f) (Iazsrdous Malerlelsl Customer will pay appUOable fiemritwtion Charges as fo40"; (I) If terdnatton recurs before die and of dte Mfiirnum Payment Period, CnMWW will pay W% (unless a different porcentage is speditad In ft Pricing Sdrsdule) of the monthly nscurrlhg dwWs for the terminated SKY11M ar Service Component multiplied by the rr wit M=kft in the I, MMM Payment Period, plus any waived or unpaid rwKeeua t9 charges bandied In the Padang Sdvwte (rfllu ft. but not llrttitad io, ww and all charges for taitine to ealiefy a Minimum Retandon Period (MRP)), pltJa any cluMes Worried by AT&T from a U*d ppaarrttyy (e.g, not an AT&T Affiliate) due 10 the terlttktaUon, all of vtich will, ff eppaoable, be applied to Customer's MARC-FJtgUa Charges: and (H) it Cuelcmer lerminaW a Prkft schedule That has a MARC, Customer w0i pay an amount equal to 60% of ties wwatiapad MARC, after applying amow" received Pursuant to (t), for the balance of the Prtoing Schedule Term, (o) The cttatges eat fords in Sedan 8.5(b)o) will not apply If a temninated Service Component is replaced with an upgraded Service Comporwd at ft same Stns. W only if (fl the Mnk num Peyraent Padod and associated o wile fix the rspboament SWIM Companartt aro equal to or greeter than Ula Minimum Payment Perri and assodeW dmVek krl the ivrtnineW Service COM0000nt and (1) the up�rade Is riot restrtded In the applicable Setvk,e bkAg. VWMTMXPORT CONTROL The parties admowWP tt l equipment, ssrvb", s0mrs, and twhnisai WbYlradon (induding to mioel assistance end tralnin6} provided under tido Agreement may be m t*ed to import and export lwoK conw ftw or raWaft", and any use or t www 01' the equipmenk products, saflwars, avid tm►&Mkal imtrMatton must be. In Compliance with all such taws, ocrwwnticne and MWations. The Pansies will r" uric distribute, turns* or tlertamit time equipment. mvioas, soitwaM or tadnrticel In OM dion (oven if inoorp01816d Into other p(oducts) except In comptiaws with such (avri, wnventiorts and repulaUorts. CuafnnW, not AT&T, is responsible for comply1n8 with such laws, eonvartdorta and regulations for ail irift atfat, "*moot wd aoilwam Cudarnertrastarnnds between wuntriea using the $WON. Ia. MISCEU-4NEWS PWASIONS 10.1 Publicitx Neither party may Issue any pubes statamvnts or arumaurteammaryls rebsog m dile terms of this Agreement or Ute provision of Services without fire prior wtMen con"nt of the ether party. m AT&Tand Customw ConfMerttial Uffcrn atiort Aaplof9 UA VER 1 071140 ECRM 10 4049869425 15AD 10:16:27 a.m. 07-01-2014 13/14 10.2 Trademarks. Each party apreea not to display or use, in advertising or otltetwise, any of the other party'a bade named, logos, trademarks, service marks, or olthsr ind� of origin wiEttottt the other party's prior wilt n oertserrt, which consent may be revoked at any time by noff e. 10.3 Porce Majeure. EWW for payment of amounts due. WNW party will be liable for arty delay, failure in perttur w=. loss or dama®s clue 10 tfra, e300810n. cable cuts, power blackout, s MXluake, W4 strike. embargo, labor d4tAW acts of cW or mWary authority, war, iecrortam, ads of God, ads of a Pubic enerny. acts or ombal ns of Carriers or supper. acts of re8 or ®o++vnm*ntai sW41es, or oftw tatraes beyond such party's rase rrabba control. 10.+1 Aneenchnionts and Waivers. Any supplement to or modiloatort or wakwr of any proW*n of this Agrewmit mist be In wftV and Signed by autttottaed reprasentedvas of batt parties. A waiver by Sillier party of any breach of ibis int will not oparale in a waiver of any otter breech of this Agreemiant 10.5 Asvignmentand Subcontracting, (a) This V wnent may not be aseVied by ether party wft=d the prior wr4tten consent of the other Marty (whiff consent wit not be unreasonably withhekt of delayed). Custom or may, wkhout ATM Consent brit upon no&* to AT&T, santgn to whole or relevant part its rights and obilgallona ranter thla Agrswttvnt to an AffSM% but Gwtornter will remain firtetnoely rasponsWe for the pwkmw= of such dWWft s. AT&T may, Without Gbelornvcortsenf, assign in whole or rerevant part, Its rights and obitgatarts WOKthls Agria rant to an Af ll err esrbcontract an A1fliate or a [third party work to be perbnftd under this Agreement but AT&T writ in eaM such ease r mafn Iinanclaiyr mopornsibte forthe parformanoa ofsuo h cthi$etlona. (b) In oourVes where AT&T does not have an Afdliete to provide Servtoe, AT&T may aster Its rights and ditau= related to a Service 10 a local swvtce provider, but AT&T will remain reaponsibhi to Cust xnwrfor suds obligations. In certain rswntries, Cusiorrrer may be required to Contrast ding with Ow local swWoe provider. (o) Any assignment ottwr than as permtftd by this Section 10.5 Is void. 10.13 3werabttilt - tf anyPISM of Apntcwbund b rnnt is 0 be or unentorosable or If, noW*=tWft Soden ew), 40.10 (Goverring Lappilthis aw mandalaa a difdenmt Interpretation or result, the wmaining prghrlstons will remain in effect and ttw pontis wM nagogaile In goad fhM to subetlitft for srxh frtvriIK tWgK or wietbroeabia, prowalon a muM* NQxptsbie provisbn ConsMent with the original Intention of the parties, 10.7 trijuetative Itallef. NoWng In this Agreement is intended, or should be construed, to inhit a right to welt wry or petntam eat NVunctive rellef franc a court of oompatent rtuedi tlon icor a broach of any provision of We Agroannent. 10.8 Lapal Action. Any lvgat action ariefn8 in connection with this Agraernent moat be filed within 2 years afdr the cause Of aotlan accrued or itwill be downed tirn*barred and wa&W. The Parties waive any salute of lkrtibtlorrs loo the Contrary. 109 Nodcev. At naffs required under this Agreement will be delivered I1 wdft to the rociplonfe contact deab hated on trio carer Page of this Maher Agreeement, or t0 such other corttrct as devlgnatvd in wrill g torn tine 10 tune. Notloss sW be by irometlortafly rbagnbM overnight courier. owdkd or regtstered mail. email, or fa vaknle and will be of alive upon moelpt or when delivery is refused, whtdMW occurs scorwr. 10.10 Governing Law, This Agreerrlent YAI in governed by the law of the state of Naw yorlc, without M pard to its oorttilCt of lawn , unlves a regulatory agency With Jurisdiction over the awe Service apples a dMWW t law. The united Nations Cornretrtbn on Contmeft for International Sala of Goods will not �y 14.11 COMPUrtoe With Lam. Each party Mil Comply with aN applkrabts laws, ragutattons, and orders issued by courts or other Qav8mnw4al bodes Of CMpelent juri8"cn. 10.42 No Third Party Senelfolarim This Agreement is for the bonallt of Gustorarr and AT&T, and does not provide any chid Party MCILM>a [Jests) the right 10 enf to or bring an action for any Mmedy, date, liability, rs3mburss neat, Cause of wftL or other right or prNiege. 10.13 SurvtvaL The respective ctNigchtions of CUStorner and AT&T that by Uv* nature would corom a bvyphd the termination or expiration of this Agreement, inc�hxiing v fffrout "tatiom the oblgaterhs aft forth In SeWoh 5 (ConfldentM InlhrmiWon), Section 6 Pbdalmera and I-Imil ffm of t.iebfity}, arw SeetIM T (Phut Party Gimme), vitt st r ve Wnhktadfion or exp m$o n. 10.14 Agreement Umquage. The auttherao language of tela Aprteement is E%gxh. If tnmrh► is a omflict bvVman tine Agreement and any tranet On, the English version will take prawlertce. vv wr„ j W AT&T and Customer ConfidantW tnformaation Page a at9 UA VER i OM4= aCRAI ID �.,_ 4049869425 15AD 10:16:54 a.m. 07-01-2014 14/14 10.15 (snore ApreeewenL This Agreement ConsRules the entire agreement bobvm the pavlova with reepW to the -%rubes provided under #ft Agreement Ehaoapt as provided in Section 23 (Software). thfe art rupemedee d Ot1mt' aAledments, propyls, repte6entadam, stefemsnts cr urhderstarWiMe, what w wroen or oral, conovmirrp tttrr $WvR a or" rights end abligaft s relethhp io the SeNloes. and ltte panes discalnl any MUM ttwroort. This lWeermd will rtot be t19oditd or supplemented by any wdtDan or Oral s3elernan% proposs>a, riprQ0Wft Ona, adnF MMents. service trio' is or purer order tomrs not aycpfrxfy so Wh In this Agreament. 11. DLFINl1'IbNS The following tarrrha have the meanings act forth below: 'At IAW of a party meeahs any entity that contra, Is controlled by, oris under COtttrnon Conffvl wRK such Peru. "aramagaa' Mearns Cdiedvely all injury, image. laity, low penav, lnee m and expertae lnexami "Eir'octfvra tato" meads, fur rnY PdChg Schedule, tha date on which the (eat pert► 8Wns the Pricing Schedule a later dab is regubW by moulsilon or law. 'NARGEIiglbla Charges' MUM unless the appltoable Prieft Schedule 1r4com oterlrrIW the read( and nsape dam. albr daduotirhg appleWe discounts end r IWM (other than outage or M WO&K tact AT&T dtarpea Cuetrx wtt r the Services identified in the appticsbTe Prfeing Schedule as MARC. ontrtt>uting. The are not AAARCaW* Charges: (a) charges for or in connection with Customeft purdme of equWont; (b) t pnd (c) d*W hp"W In Mdand 4 relay�s� aniAy 1mPand costs or Bees (such as USF, MO. pWphana oxvIve prcn�der camperdaft, (911 'iWairnrunn Payrn nt Perlod" manna, in mgxn t Oo any 6erNICa, the mtnimwfh period for which Custamw is required to pay reahrft charges for the SwviCs. as specified in the prrk*V 6chedulea or Service PubtcedAb n for that Service. "Mini MUn Retention Patiod" means, in respect to any Service, the period of thne forwhich Customer is required to rrtakftaln service to &AM the paymreN of eeftin asdk welved charges, or unpakl arnortlzed charpas, all as spedffed in the PrkbV Schedule at Service Publication for that service. "Servke Component" yawn an individual =nponent of a Sm4ce provided under this Agreement. Sits" means Ccslomer's physical locat%n, inducing cuswm4ev WkcWorh space an Mrs, As AtiRaWs, or sub's property. where AT&T installs orprovides a Service. aa_orj4w AT&T and Cuetanar ConBcbntW Intimation Pago fi of il aCRlht1D�_ a HOME OF 'THE BEST QUALITY OF LIEt IN GEORGIA' MILTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 5, 2015 FROM: City Manager AGENDA ITEM: Approval of the Acquisition of 121.63 SF of Right of Way, 449.00 SF of Construction and Maintenance Easement, and 2,251.65 SF of Construction Easement at 2425 Birmingham Road from Bruce and Susan Smitherman for a Combined Purchase Price of $11,792. MEETING DATE: Monday, March 16, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. (APPROVED () NOT APPROVED &�Y ATTORNEY APPROVAL REQUIRED. (� YES () NO CLT�ATTORNEY REVIEW REQUIRED. YES ONO APPROVAL BY -C ATTORNEY (APPROVED O NOT APPROVED PLACED ON AGENDA FOR: d 3 f 46 t REMARKS 11.0 YOUEM * * * PHONE: 678.242.2500 FAX: 678.242.2499 Gt"E'en'� infoftityofmiltonga.us www.cityofmiltonga.us WII Community 161,i s� 13000 Deerfield Parkway, Suite 107 Milton GA 30004 "'''a`` To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on March 3, 2015 for the March 16, 2015 Regular Council Meeting Agenda Item: Approval of the Acquisition of 121.63 SF of Right of Way, 449.00 SF of Construction and Maintenance Easement, and 2,251.65 SF of Construction Easement at 2425 Birmingham Road from Bruce and Susan Smitherman for a Combined Purchase Price of $11,792. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: To provide for intersection improvements at Hopewell Road and Birmingham Road the acquisition of 121.63 SF of Right of Way, 449.00 SF of construction and maintenance easement, and 2,251.65 SF of construction easement are required. Funding and Fiscal Impact: Funding for this project is available in the Hopewell @ Birmingham Intersection Improvement Capital account. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Purchase Agreement A G EENEMT TO PURCHASES REAL ESTATE GA DOT Project P. I. Number N/A Tax Parcel ID tp GEORGIA, FULTON COUNTY 13-PW4 (Local) Parcel # 11 22486004030578 For and in consideration of the sum of One Dollar ($1.00), receipt whereof being acknowledged, the undersigned grants to the City of Milton an option to acquire the following described real estate: Right of Way and/or Easement rights through that tract or parcel of land located in Land Lot 390 & 403 of the 2nd District of Fulton County, Georgia, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by, eferience. I i For the sum of $ - ' Cj 2 , the undersigned agrees to execute and deliver to the City of Milton, Georgia fee simple title and easements to the lands owned by the undersigned as reflected on the attached Exhibit „A, The following conditions are imposed upon the grant of this option: 1) This option shall extend for 90 days from this date. 2) The consideration recited is full payment for the rights conveyed. 121.63 Square Feet of Right of Way Linear Feet of Limited Access 449.00 Square Feet of Construction and Maintenance Easement 2,251.65 Square Feet of Temporary Construction Easement 3) All Temporary Easements will terminate upon completion and acceptance of the same by the City of Milton. 4) The undersigned shall obtain all quit claim deeds or releases from any tenant now in possession and any other parties having a claim or interest in the property described above. 5) Special Provisions, if any, are listed on Exhibit "B", which is attached hereto and incorporated herein by reference. Witness my hand and seal this day ofL�( L,,^n .� Signed, Sealed and Delivered in the presence of: yVitn S `��yGpR ..1 J ` s.AGpMtu3g�O.1 y,G 4 r- Notary,pib e,9;9 et.iC 0 '7V era rG�--O ,�--7 Bruce Smit etman /1. O (Seal) Signatur Susan ittinermain . W1LI'/( (Seal) Signature DOT 663 -A -LG Revised 08-01-2010 HOME OF ' x. �. 1 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 5, 2015 FROM: City Manager AGENDA ITEM: Approval of the Acquisition of 109.19 SF of Right of Way and 332.70 SF of Construction and Maintenance Easement at 15694 Hopewell Road from Brian and Julie Phillips for a Combined Purchase Price of $3,611. MEETING DATE: Monday, March 16, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: �) APPROVED O NOT APPROVED G17 ATTORNEY APPROVAL REQUIRED: OYES ONO -CITY ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY GF7;Y ATTORNEY �APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 6 '� 4 REMARKS ©*You( PHONE: 678.242.25001 FAX: 678.242.2499 infoCPcityotmfltonga.us www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 "Green' 4 Community * Cmificd * Top !OU City'll Q g '9 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on March 3, 2015 for the March 16, 2015 Regular Council Meeting Agenda Item: Approval of the Acquisition of 109.19 SF of Right of Way and 332.70 SF of Construction and Maintenance Easement at 15694 Hopewell Road from Brian and Julie Phillips for a Combined Purchase Price of $3,611. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: To provide for intersection improvements at Hopewell Road and Birmingham Road the acquisition of 109.19 SF of Right of Way and 332.70 SF of construction and maintenance easement are required. Funding and Fiscal Impact: Funding for this project is available in the Hopewell @ Birmingham Intersection Improvement Capital account. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Purchase Agreement AGREEMENT TO PURCHASE REAL ESTATE GA DOT Project # P. I. Number N/A Tax Parcel ID # GEORGIA, FULTON COUNTY 13-PW4 Parcel # 12 22486103900168 For and in consideration of the sum of One Dollar ($1.00), receipt whereof being acknowledged, the undersigned grants to the City of Milton an option to acquire the following described real estate: Right of Way and/or Easement rights through that tract or parcel of land located in Land Lot 390 & 403 of the -District of Fulton County, Georgia, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference. For the sum of $ 3,611 , the undersigned agrees to execute and deliver to the City of Milton, Georgia fee simple title and easements to the lands owned by the undersigned as reflected on the attached Exhibit "A". The following conditions are imposed upon the grant of this option: 1) This option shall extend for 90 days from this date. 2) The consideration recited is full payment for the rights conveyed. 109.19 Square Feet of Right of Way 332.70 Linear Feet of Limited Access Square Feet of Construction and Maintenance Easement Square Feet of Temporary Construction Easement 3) All Temporary Easements will terminate upon completion and acceptance of the same by the City of Milton. 4) The undersigned shall obtain all quit claim deeds or releases from any tenant now in possession and any other parties having a claim or interest in the property described above. 5) Special Provisions, if any, are listed on Exhibit "B", which is attached hereto and incorporated herein by reference. Witness my hand and seal this /01*1" day of Q P Signed, Sealed and Delivered in the presence '-OCH 4' 2P' *tG���a Brian P. Phillips Signature i9L Julie H. Phillips Q , (Seal) Signa re DOT 663 -A -LG Revised 08-01-2010 M1 HOME OF —HF BEST Cmmmmm�,,%Ll,�L'Ty :�F i.IFF LTO M1 N ft ESTABLISHED 2406 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 5, 2015 FROM: City Manager AGENDA ITEM: Approval of the Acquisition of 0.015 AC of Right of Way and 0.249 AC of Construction and Maintenance Easement at 12624 Broadwell Road for a Combined Purchase Price of $94,075. MEETING DATE: Monday, March 16, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED () NOT APPROVED GIT ATTORNEY APPROVAL REQUIRED. YES ONO -GiT-Y ATTORNEY REVIEW REQUIRED: YES ONO APPROVAL BY &T' ATTORNEY VAPPROVED O NOT APPROVED PLACED ON AGENDA FOR: 3 t 5 REMARKS ®''You PHONE: 678.242.2500 j FAX: 678.242.2499 ''Green~a infoftityofmiltonga.us i www.cityafmiltonga.us WU Community Th; 13000 Deerfield Parkway, Suite 107 J Milton GA 30004 'a� To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on March 3, 2015 for the March 16, 2015 Regular Council Meeting Agenda Item: Approval of the Acquisition of 0.015 AC of Right of Way and 0.249 AC of Construction and Maintenance Easement at 12624 Broadwell Rd for a Combined Purchase Price of $94,075. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: To provide for SR 372 (Crabapple Rd/Birmingham Hwy) intersection improvements the acquisition of 0.015 AC of right of way, 0.249 AC of construction and maintenance easement are required. Funding and Fiscal Impact: Funding for this project is available in the Mayfield @ Mid Broadwell capital grant fund account and 80% of the purchase price is reimbursable. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Purchase Agreement AGREEMENT TO PURCHASE REAL ESTATE Project: CSHPP-0007-00(313) Parcel: 6 Tax Parcel I D#: 22 400111350209 GEORGIA, FULTON COUNTY For and in consideration of the sum of One Dollar ($1.00), receipt whereof being acknowledged, the undersigned grants to GCS of Milton an irrevocable option to acquire the following described real estate: Right of Way and/or Easement rights through that tract or parcel of land located in Land Lo 1135 of the 2nd District, _2n° Section of Fulton_ County, Georgia, and being more particularly described on^,Exhibit "A" attached hereto and made a part hereof by reference. For the sum of $ 94,076.00, the undersigned agrees to execute and deliver to City of Milton fee simple title and easements to the lands owned by the undersigned as reflected on the attached Exhibit "A". The following conditions are imposed upon the grant of this option:< 1) This option shall be irrevocable for a period of 90 days from this date. 2) The consideration recited is full payment for the rights conveyed. .015 Acres of Right of Way Linear Feet of Limited Access .249 Acres of Permanent Construction and Maintenance Easement Acres of Temporary Construction Easement 3) All Temporary Easements will terminate upon completion and acceptance of the same by the Department of Transportation. 4) The undersigned shall obtain all quit claim deeds or releases from any tenant now in possession and any other parties having a claim or interest in the property described above. 5) Said option may be exercised by City of Millon at any time during the period staled, but only following notification and receipt of waiver from any and all lien holders of record unless specifically waived by City of Milton and by notice, in writing, of the election to exercise said option, delivered to the undersigned person at the address stated below. The exercise of said option will ripen these presents into a contract to sell and buy without the necessity of any further instrument in writing. 6) The undersigned covenants that, upon the exercise of this option by City of Millon, and upon the payment of the agreed upon purchase price as herein provided, the undersigned will convey, and cause the be conveyed unto the City of Milton unencumbered, marketable title to said property, in fee simple, and that the undersigned will warrant title to said property, by general covenants of warranty, against any claims and demands of all persons whomsoever. 7) Special Provisions, if any, are listed on Exhibit "B", which Is attached hereto and Incorporated herein by reference. Witness my hand and seal this. A64" day of Signed, Sealed and Delivered in ihep^sn'e�f: t City alpeA a, Georgia o� David Belle Isle, Mayor I Approved -City of Milton APPROVED AS TO FORM: C. AM TNOM , CITYATTORNEY XZJ V N l 1jm 113bd uvrn 01 S3WS 33SW:Xld n5 3X11 I� j4 CA JIpp 5 op i oowu 3JVn{ nXpJY) 'i? 33X1 non WH Delisirl a :i �a ex N t if oaIsiE,l e _k 99 '> G -ppa CAI Via° • I'Yll€ ,Of Y�fY� r tae XZJ V N l 1jm 113bd uvrn 01 S3WS 33SW:Xld n5 3X11 I� j4 CA JIpp 5 op i oowu 3JVn{ nXpJY) 'i? 33X1 non WH Delisirl a :i �a ex N t if oaIsiE,l e _k 99 '> G -ppa CAI Via° • I'Yll€ ,Of Y�fY� x � F= OI 13115 335 09tor VIS2117 IILYIN E� 3e,. \ t oi•Il,sorx9 � �`8 .�_��eR���`: ��'a Ilia .CM3 Imp 9 1 wo 3Y _ q kli E w_- 444 IN 19 Fef j as �at I. WTI-rW U� g `a * °s a wir Dolor r I m = I: '2 4 lip m d 8 - - -'-- R (Fj------------- 11:41:$ .b-- — j, 1.�¢Icuet tl 3 14 R:t :L:�Z; id E "� +m+ Pis m i!it$= t Hi Ilm a : .I �C 3 cci a Moor I it u �� h i 4 r _ --- WY OMIlSlt3F ml- vi:t�. FF _ HMOw All KY Rip ILA oil xs®�M Ly y L fie @ y b� .. 0 w Q. S•Will mak IA. 9 ^met 019 ®g s a t • � ySPA r _ - M/N NH Al NIfs/Y3 9 We o IlN 44 1 00 ,a G Z+ u 3 $",t All, t IF o oil W E� tell It I a nON :R .t o - s 9 TiT �4 IR. c zt `15qct, s l"D 2 Cut Elf Opo ph EEP- ;t6 lob ;XgP i gg4MgA 50Pgy� _ is I. 0 LW as£fpeae S R k�CaLe:SC�xC8:83 e3 a: =ISdrFXXidtsYB�tl"d',; a a � HUI F 8 F 8 F 333:5 'eases ie 15 5 S e S E3 lausca I -: ae;az.g�gacag � �yp.xccsaasxa;"sa gig ;& a � Pill r,=BREL MINAR� €i44i: "c 4Ei4i i 3aQaeaeQaeaa i q5 pP 5x GnG �5R pF ��Cf. n $n .55 R n saisseeeee�ge�e���a�� i�taei cGCRxtiepa�Fy.z a,�8"e#ey`�8s6`•8gC'a,Caega ya^h$;f:"-E$<-age�•s_pk"-h"^"-^k�nagcagtp7 •� �^i Yid ad:tlz'nCaR�:aae azY9c:4tl' pxd4Y L @ F 8 3 8 S 8 a a 35ie5eg__ 's eeaageeea F d S S 8 a 0 a 8�8pa�SpB�ay8�8p8 _ ..==.N= =acaaeaaa=awsaasa�x d a m a'a a o a X35 o - r/1 "Exhibit B" 1. A note will be added on the plans to save trees where possible on City of Alphareita's frontage. 2. At completion of project, the City of Milton agrees to install supplemental landscaping as reviewed by the City of Alpharetta to re-establish the pre -construction landscape density on the City of Alpharetta parcel. HOME OF' BF . MILTON*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 5, 2015 FROM: City Manager AGENDA ITEM: Approval of the Acquisition of 0.011 AC of Right of Way and 0.020 AC of Construction and Maintenance Easement at 12580 Crabapple Chase Drive from Crabapple Chase Homeowners Association, Inc. for a Combined Purchase Price of $35,575. MEETING DATE: Monday, March 16, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. '\ APPROVED () NOT APPROVED -eff-Y ATTORNEY APPROVAL REQUIRED: (�) YES () NO may' ATTORNEY REVIEW REQUIRED: k YES () NO APPROVAL BY-GIT�ATTORNEY k APPROVED O NOT APPROVED PLACED ON AGENDA FOR: Q ? 1 6 ► S REMARKS A44 © V Your *** PHONE: 678-242.25001 FAX: 678.242.2499 01, reen a ; Ceaifi�l ; roPoou info@cityofmiltonga.us I www.cityofmiltonga.us WILOLIFE Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on March 3, 2015 for the March 16, 2015 Regular Council Meeting Agenda Item: Approval of the Acquisition of 0.011 AC of Right of Way and 0.020 AC of Construction and Maintenance Easement at 12580 Crabapple Chase Drive from Crabapple Chase Homeowners Association, Inc. for a Combined Purchase Price of $35,575. ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: To provide for SR 372 (Crabapple Rd/Birmingham Hwy) intersection improvements the acquisition of 0.011 AC of right of way, 0.020 AC of construction and maintenance easement are required. The Crabapple Chase Homeowners Association also has landscaping interest acquired by the project. Funding and Fiscal Impact: Funding for this project is available in the Mayfield @ Mid Broadwell capital grant fund account and 80% of the purchase price is reimbursable. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Purchase Agreement Parcel 2 Purchase Agreement Parcel 3 OI (Other Interest) AGREEMENT TO PURCHASE REAL ESTATE Project: CSHPP-0007-00(313) Parcel:2 Tax Parcel IDN: 22-4011-1169-036-2 GEORGIA, FULTON COUNTY For and In consideration of the sum of One Dollar ($1.00), receipt whereof being acknowledged, the undersigned grants to City of Milton an Irrevocable option to acquire the following described real estate: Right of Way and/or Easement rights through that tract or parcel of land located in Land Lot 1169 of the 2nd_ District, _2nd _Section of _Fulton County, Georgia, and being more particularly described on Exhibit "A" attached hereto and or part hereof by reference. $17,125.00 Ir For the sum of $71125,091 the undersigned agrees to execute and deliver to CCS of Millon fee simple title and easements to the lands owned by the undersigned as reflected on the attached Exhibit "A". The following conditions are imposed upon the grant of this option: 1) This option shall be irrevocable for a period of 90 days from this date. 2) The consideration recited Is full payment for the rights conveyed. .011 Acres of Right of Way Linear Feet of Limited Access ..020 Acres of Permanent Construction and Maintenance Easement Acres of Temporary Construction Easement 3) All Temporary Easements will terminate upon completion and acceptance of the some by the Department of Transportation. 4) The undersigned shall obtain all quit claim deeds or releases from any tenant now in possession and any other parties having a claim or Interest in the property described above. 5) Said option may be exercised by City of Milton at any time during the period stated, but only following notification and receipt of waiver from any and all lien holders of record unless specifically waived by City of Milton and by notice, in writing, of the election to exercise said option, delivered to the undersigned person at the address stated below. The exercise of said option will ripen these presents into a contract to sell and buy without the necessity of any further Instrument in wilting. 6) The undersigned covenants that, upon the exercise of this option by City of Millon, and upon the payment of the agreed upon purchase price as herein provided, the undersigned will convey, and cause the be conveyed unto the City of Milton unencumbered, marketable title to said properly, in fee simple, and that the undersigned will warrant title to said properly, by general covenants of warranty, against any claims and demands of all persons whomsoever. 7) Special Provisions, If any, are listed on Exhibit "B", which is attached hereto and incorporated herein by reference. The above offer amount includes a Cost to Cure for landscaping and irrigation. Witness my hand and seal thiAClr1 day of _� V m Signet, Sealed and Delivered In th ese of: [ r (Seal) yvitntiss (seal) Notary Public Approved -City of Milton Property Owners Address: TelephonelConlacl Number: Electronically Signed using eSlgnOnlineTM [ Session ID: 8cl36fl4-f92f-4531-8e2a-8d6349f6fd6b ] Electronically Signed using eSignOnlineT"[Session ID : Sc136f14-f92f-4531-8e2a-Sd6349f6fd8b ] as@@@@@@ 3@@@@@ Is as"aa B E B if is $ s a a $ E� $$ $ $ $ $ $ $ !a i$ s $ $ $ $ „ E !aryoW a 'e E Wa„a"see ^e _' MES'Sa6'sku?hio nka ii1 I�:=z c;ea,E;�w� .ikY �ilEaff :GeS:xyy� In „ a . ' . „ : 15 It E3j „f - !@ ale:pv�'".axa:^EaExaazc:.�.Rlsasa=. ��eE:!aa:oacpznza^a�agg gi mieR-aaaaanas"a� =ia;. qqa=NrtlYNN: •cri:i6Y„d®�y9yYatl.e �=jaN:t°Yk:SMYsi¢tl•9z;, �^i dgiYeNtliaSY-, Mme Is€ it e e a 'a "� ��� iii:€ i a @ u "$� s$ $$�� y '•a $ s$ $ fi 3 y y E s a y y s y a !�e.'as NNa a';�aya IX 'Fele R aha a �! U 4la:a s{atlaN§a a ORR seax_ssaaaes*URP, ': ! al^•:ass"Rbq iss s €� @ a a� 1 <,!€ i VIE likh INIC IN t� @@@sss @a @s@s@$$$sees -'aalafi� �Y��Caa � !9.2elea.ja�8Ma�egRgexB�BKa iea N -' a w? -e. S�,klR �.ba vs !&�!§a^k.y#6gck`rk$agcead'e& i�ia3 g § "a4'a:"sa�L'�„'d ak $� 1&z'a�ak$„Heb„�c�k:e�e al �;�a�Natatl+9ddd4��=gkq�tl�aa i�'��1 e��"���tlaastart#iatlaYdasq�", '�?�a!ag: x��na..�tl�e'a�uYR<a. V! „ 3 $ !€ I !€ VIE NEW VIE ' �a Electronically Signed using eSignOnlineTM[ Session ID : 8c136f14-f92f-4531-8e2a-8d6349f8fd8b ] City Response to Counter Conditions 1. Olcay 2.Okay 3.Okay 4. The City will not do a contingency. They will pay out a counter amount and it is up to the HOA to get the work performed. 5. Project parcel #3 is privately owned but has HOA interests. We would be getting a quitclaim from the HOA for this parcel and would do our own title updates. I don't see an issue with this condition. Parcel 2 is owned by HOA, we will need to acquire a right of way deed for this parcel. 6. HOA will be eligible for all items outlined in the "Incidental Payments Claim Form" as submitted with the original offer package. (See a copy attached) 7. This is a GDOT constructed project and the City will request notice to give to the HOA 8. City will add a note on the plans that no construction parking in the HOA lot. 9. City can't commit to the project area being left clean at the end of each work day. This work will be performed by a GDOT Contractor. 10. City will confirm that GDOT and their contractor address any damages (this should be part of GDOT contract but will confirm) 11. Work hours cannot be a condition of this agreement. This is a GDOT contract and they will set the work hours. City can notify the HOA of these hours when set forth within the Contractor agreement. 12. Portable toilet will not be located on either Crabapple Chase parcel or in the right of way of Crabapple Rd fronting the Crabapple Chase parcels. City can add a note to construction plans. 73. The median will be altered as shown on the construction plans. The median re -construction wM tie into existing meeting as show on the plan attached. (See attached) 14. GDOT sets the standards and their contractor will adhere to their standards 15. GDOT requires condition be restored to same as before construction. 16. Roundabout landscaping to be installed in accordance with GDOT detail RA -1 that we will attach to this counter. 17. Contractor will install entire disturbed frontage and ROW for parcels 2 and 3 with Bermuda sod. This note will be added to the Construction Plans. �r Electronically Signed using eSignOnlineT'"[Sesslon ID : Sc138f14-f92f-4531-Seta-8d6349f6fd8b ] LUEDER, LARKIN & HUNTER, LLC ATTORNEYS AT LAW January 7, 2015 Via Certified Mail 70141200 00017135 2257 I�atrinaNeidlinger Right of Way Agent City of Milton P.O. Box 878 Braselton, Georgia 30517 Re: Offer to Purchase Real Estate Interest from Crabapple Chase Homeowners Association, Inc. (the "Association") Dear Ms. Neidlinger, This firm repnsents Crabapple Chase Homeowners Association, Ino. (the "Association"). It is my understanding that the City of Milton wishes to acquhe certain interest in the Association's property, and has tendered an offer to purchase real estate to the Association's Board of Directors. Specifically, the City of Milton wishes to acquire a permanent easement over Tax Parcel ID# 2240114 169w()36-2 and a portion (.011 acres) of that parcel in fee simple. The offer for these tights is seven thousand one hundred and twenty five ($7,125.00) dollars. Additionally, the City of Milton desires to acquire a permanent easement over Tax Parcel ID# 22-401111690354 and a portion (228.62 square feet) of that parcel in fee simple. The offer for these rights is eight thousand eight hundred and forty six ($8,846,00) dollars. The purpose of the City of Milton's proposed acquisitions is to construct a roundabout to ease traffic congestion in the area, to which I will refer as the "Project." Upon review of this offer and consultation with aprofessional landscaping company, the Association is rejecting this offer. However, my client has authorized me to make a counteroffer with the terms and conditions outlined below. 1) The Association agrees to convey ,011 acres of lan d over Tax Parcel ID# 22-4011-1169-036- \L 2 to the City of Milton and agrees to grant a pennauent construction and maintenance easement t over .02 acres Tax Parcel IN 2240114169-036-2, as more specifically depicted on Exhibit 5900 WINDWARD PARIC4VAY, SUITE 390, ALPHARETTA, GEORGIA 30005 TELEPHONE 770-685-7000 FACSIMILE 770-685-7002 � www.luederlaw.com � � M1r /c Electronically Signed using eSignOnlineT"'[Sesslon ID : 8c136f14-f92f-4531-8e2a-8 d6349f6fd6b ] I4atrina Neidlinger �kh�J��f t11� 7andaiy 7, 2015 Page 2 of 3 to this offer, and incorporated by reference herein. The permanent easement area is shown in orange and the fee simple portion to be conveyed to the City of Milton is depicted in yellow. 2) The Association agrees to convey 228.62 square feet of land over Tax Parcel IN 224011 1169-0354 to the City of Milton and agrees to grant a permanent construction and maintenance casement over 602.89 square feet of Tax Parcel 22-4011-1169-0354, as more specifically depicted on Exhibit "B" to this offer, and incorporated by reference herein. The permanent easement area is shown in orange and the fee simple portion to be conveyed to the City of Milton is depicted in yellow. 3) In exchange, the City of 1V;tion ��11 pay the Association a total of thirty four thousand and one hundred ($.3A44.00r, If s, which is the value of replacing landscaping and irrigation that would be. taken fi"om the Association. A more detailed description of this estimate is attached hereto as Exhibit "C." You will note that the difference in the value of landscaping is the retaining wall that will need to be installed due to the change in elevation as a result of the City's Project; 4) In addi'on to the compensation noted in paragraph 3 above, the City o ton sTia11 set aside a contingenc unt twe ° o ercent (whior $6 $20 o"0 ' $34 100.00) to be held in escrow by the City until sue h„tye--a Association's landscaper presents a statement to the City th,a_t_-tom contingency has materialized and tlia contingency amount should bused-tsihe Association. Upon receipt of such statement, the City shall release thefimds to the Association; x00) The Association agrees to execute a quitclaim deed and a grant of easements to effectuate the proposed transfers. However, the Association makes no representations or warranties Oy�t regarding title to these parcels. y� �yyR 6) As provided in YhpCity of Milton's offer, the A . ociation shall retain all rights granted by law to an owner wftoke property is acquired by a go nment a y-fbr a public purpose, including but not limn to, reimbursement or! e due to the City of Milton SE purchasing said real estate property tax paym nts,..._and survey work (i LA DO reimbursements,s�jbjQzt toladi�a: p able require t Id Claim Form attacbed ereto as Exhibit "De an6memporated by reference herein; S� {Li�i��V TvtCif� WrJ7E 7) During the course of the Project, the City of Milton, on behalf'of itself, its employees, �a agents, contractors, and subcontractors, agrees not to block entry to the Crabapple Chase �' subdivision, except upon at least forty eight (48) hour notice to the Association; � 8) The Association's common areas shall not be used for panting of any vehicles prior to, during, or after the project is completed; 9) The Project area shall be left clean and free of debris and project equipment at the end of CAU ” each work day; S ndy�1 ) The City of Milton agrees to repair or pay for any and all damage to the Association's signs, {1 " property, or landscaping during the course of Project caused by the City's employees, agents, contractors, or subcontractors; y 11) All woi on the Project shall be done from Monday to Friday, from the hours of 9:00am to 4:00pm. If Work on the Project-eamrot-be done c uiing these ho rrfs, `f 1 City of Milton will 9" provide a trT£fro-officer-4irect traffic; 12) If a portable toilet will be utilized during the Project, it must be located in the neighborhood parking lot designated by the Association's Board of Directors; Electronically Signed using eSignOnlineTM [Session ID : 8 c136f14-f92f-4531-8e2a-8d6349f6fd6b ] I &inaNeidlinger January 7, 2015 Page 3 of 3 13) The Associ 'on understa .1h a median o� le Chase Drive will be permanently altered. The p€Milton agrees that no more than half ofthe _median be removed or perm # a tere b this Project; 5E�gQt he(1 CO�II�Iluri 1 C1i �IWK 14) In •then com ideratio of the grant of the easements and conveyances conte pnla d he ein- the City of Milton, on be alf of itself, its employees s co actors, and subcontractors, agrees to peiform all co k�tru�cti.��_installa on, maintenance and repair activities in a professional, workmanl' co efficient manner, and shall meet the highest of generally accepted inditstrT%fakdards, 15) Upon completion of the Project, except for items which are intended to be compensated by this offer, the City of Milton agrees to restore all area affected by the Project to a condition substantially similar to the condition of the area prior to construction and which is acceptable to the Association's Board of Directors. 16) The City of Milton further agrees to landscape the center of the roundabout by planting low J� m Pl' maintenance shrubbery and applying pine straw, J Please note that this offer is open until February 27, 2015. If you have any questions or concerns, please do not hesitate to contact Felly Finley regarding the contents of this offer. A// Elina V. Brim ec. Board of Directors Kf Electronically Signed using eSignOnlineT'" [Session ID : Sc136f14-f92f-4531-8e2a-Sd6349f6fd6b ] �t1t; f;; tt??tiir� 010, y v;•1'll� r r 1111 ttto i.�.omit�-- .'••,1,1 0E OEOEL CRABAPpPLE ROUE NERS 22 4000!1/76/629 SEE SNE i Gua m-Cn r BfcIN P4'C�flB &GUiTETR 1,0110002 CRAMPPS$LE HOUIlE0RNERS / 22 900011 136%629 SSS ... `ol K, 7.0,7,E s> � �pElAlB 0301 c roe T it' 4.111E UOJ� p �p 2Ef 4AOII LLIfi�035 0) P2E71gqAQKSMI SI Sff SHEET 3.56 ACI�0�4QN@UR9'&9CUTlEfl 5g Q/ry/ y C1/gp `�L nil M jE%JLEXQ51'INCI LT &&RCOTTEI f�IediQ END 1JI LL &INLAY (econq act tp✓� LldlIT OF CONSTRUCTION STAB 100173.00 NATCR EXISTING OEGIN HILL & INLAY Kf UnS1YU�a'�-I �- Electronically Signed using eSignOnlineT"'[Sess1on ID : 8c136f74-f92f-4531-Seta-8d6349f6fd6b J LOCAL GOVERNMENT: City of Milton AVAILABILITY OF INCIDENTAL PAYMENTS: CLAIM FORM P.I. # 0007313 PROJECT NO.: CSHPP-0007-00(313) COUNTY: Fulton PARCEL: 2 NAME: Crabapple Chase Homeowners Association, Inc PHONE#: 678-468-4990 DATE: SOCIAL SECURITY# or FEI# (include SS# for each property owner) PROPERTY ADDRESS: 12580 Crabapple Road, Milton, GA MAILING ADDRESS: PO Box 1363, Alpharetta, GA 30039 This is to advise you that due to the acquisition of the above project and parcel, you are eligible for reimbursement for expenses you may have incurred due to the Local Government's purchasing your property. These expenses may include: 1. Pro -rata portion of taxes, and 2. Survey work. Pro -rata tax deductions are normally handled at closing on a total acquisition situation. However, if they are not, or in the event of condemnation, it will be vom• responsibility to provide to the Local Government copies of your paid receipts) as described in Property Tax Payments section below. 1. Proper•Lv TaxPayments arc handled as follows: A. For Total Acquisition of vom• Property, a deduction for your pro -rata share of the taxes will be withheld at closing. Upon receipt of your property tax bill for the current year, you should immediately forward the PLOP erty tax bill to the Local Governments Designated Representative with this letter for payment (see address immediately below). Be For Partial Acquisition of your property, the Local Government will reimburse you for the pro -rata share of taxes on the portion of property acquired by the Local Government upon receiving a copy of your paid tax bill teceipt, Paid roroperty tax receipts) must be mailed with this letter to: Loco] Government's Designated Representative: Sara Leaders Local Government: City of Milton Address: 13000 Deerfield Parkway, Suite 107G City: Milton, Georgia Zip Code: 30004 2 Snrvey Work Reimbursements are handled as foll ows: tai may also be eligible for reimbusement for reasonable survey fees to re establish existing property corner pins that were removed as a result of construction of the project. Your assigned Local Government Representative for survey incidental benefits is: Sara Leaders at Phone: 678-242-2559 (1) Contact your Local Government Representative before proceeding with survey; send estimate and obtain pre -approval. (2) Your Local Government Representative will need this completed claim form, survey estimate, and paid receipt in order to Process your claim. 5mvexPre-Approval• For Local Government Use Onlv Swvey Estimate Amt: $ Date of Estimate: Survey Reimbursement Amt Approved: rf io PP!.,,hnrewmnntl• . Local Government Representative In order to file claim for payment Pet above expenses, you must have paid receipts) to support your• claim and you must file withhi eighteen (18) months of the date you property was acquired, except survey fees, which must be filed within six (6) months after construction on the project is completed. 1 c/e�rel�y, ULoc- al Gov nmenta Designated Representative Kf RA -61 -LG Rev. 08-01-2010 Electronically Signed using eSignOnliner'^[session ID : 8c136f14-f92f-4531-Seta-Sd6349TGfd6b ] AGREEMENT TO PURCHASE REAL ESTATE Project: CSHPP-0007-00(313) Parcel: 301 Tax Parcel IDB: 22 401111690354 GEORGIA, FULTON COUNTY For and in consideration of the sum of One Dollar ($1.00), receipt whereof being acknowledged, the undersigned grants to City of Millon an Irrevocable option to acquire the following described real estate: Right of Way and/or Easement rights through that tract or parcel of land located in Land Lot 1136 and 1169 of the 2nd District, 2nd_ Section of Fulton County, Georgia, and being more particularly described on Exhibit "A" attached hVjg and made a part hereof by reference. $18,450.00 rvi For the sum of $-"46A0, the undersigned agrees to execute and deliver to City of Millan fee simple title and easements to the lands owned by the undersigned as reflected on the attached Exhlbit "A". The following conditions are Imposed upon the grant of this option: - i) This option shall be Irrevocable for a period of 90 days,from this date. 2) The consideration recited Is full payment for the rights conveyed. 228.62 Square Feet of Right of Way Linear Feet of Limited Access 602.89 Square FeeLof Permanent Construction and Maintenance Easement Acres of Temporary Construction Easement 3) All Temporary Easements will terminate upon completion and acceptance of the same by the Department of Transportation. 4) The undersigned shall obtain all quit claim deeds or releases from any tenant now In possession and any other parties having a claim or Interest In the property described above. 5) Said option may be exercised by City of Milton at any time during the period stated, but only following notification and receipt of waiver from any and all lien holders or record unless specifically waived by City of Milton and by notice, in writing, of the election to exercise said option, delivered to the undersigned person at the address stated below. The exercise of said option will ripen these presents Into a contract to sell and buy without the necessity of any further Instrument in writing. B) The undersigned covenants that, upon the exercise of this option by City of Milton, and upon the payment of the agreed upon purchase price as herein provided, the undersigned will convey, and cause the be conveyed unto the City of Millon unencumbered, marketable title to sold property, In fee simple, and that the undersigned will warrant title to said property, by general covenants of warranty, against any claims and demands of all persons whomsoever. 7) Special Provisions, If any, are listed on Exhibit "8", which Is attached hereto and incorporated herein by reference. THE ABOVE COMPENSATION IS FOR LANDSCAPING INTEREST. Witness my hand and seal thi�day of _��'/7�i�,1i.J , �2A I Signed, ealed and Delivered in the a nc of: �,y." y W ne s F / (Seal) (Seal) Notary Public Approved -City of Milton Property Owners Address: TelephonelConlac[ Number: ,k� rlear�� Con:+; r�u�- (�-pon S�eufa,l �Prdlns�ans outl) net Electronically Signed using eSignOnlineW[ Session ID : 8cl36fl4-f92f-4531-8e2a-8d6349f6fd6b ] Electronically Signed using eSignOnlineTM[ Session ID : 8c136f14-f92f-4531-8e2a-8d6349f6fd6b ] 7K LO @@^@ff@Y@ I� �s sqa ng Issiy��is i�i�oj^?c@fkA�B@'_"EBdE8R�ad�G�kea Cha e@I�F BE: AAF BECRa98tR�§ ;� Id¢agzA_9"dMdd:'^E"dd:^a='x�fFd ;�sldAd='ice@a:caddrd'gg AYY e.:€ IR a a a u k t I_ Iff 's k a lit a s 9s I 5 R 3 R I� iaYl wsx a` ��� OO w sEB �adF�� " :�: F pS Aa�Sv�i_@YaBagcad�g�p j�'IFfBd"wE-a^e�Bwdzaaae� „ i 21 IR �- a535 & 9 milk di jjj999� 9 �9 R R R R R R R R I j -iagY_gia�8wawaq:'do c� �i:eaec'dF�„k `ak F�� :&S^F ^A8E 8A6@86:.YEYgk^@'Oan i�> Y,ciufffR�ak�.,?!°:,kid Ell s ^ E ^ ARK, _9Z9ZI ^g 34`x. �tlFF� e jx R x R IV 'miFF-i^exaa�wa�ayq?asa�Aa?”=`�qai 9��45w peak Electronically Signed using eSignOnlineT""[Session ID : 8c136f14-f92f-4531-8e2a-8d6349f8fd6b ] 'f City Response to Counter Conditions 1.Okay 2. Okay 3.Okay 4. The City will not do a contingency. They will pay out a counter amount and it is up to the HOA to get the work performed. 5, Project parcel #3 is privately owned but has HOA interests. We would be getting a quitclaim from the HOA for this parcel and would do our own title updates. I don't see an issue with this condition, Parcel 2 is owned by HOA, we will need to acquire a right of way deed for this parcel. 6. HOA will be eligible for all items outlined In the "Incidental Payments Claim Form" as submitted with the original offer package. (See a copy attached) 7. This is a GDOT constructed project and the Citywlll re quest notice to give to the HOA 8. City will add a note on the plans that no construction parking in the HOA lot. 9. City can't commit to the project area being left clean at the end of each work day. This work will be performed by a GDOT Contractor. 10. City will confirm that GDOT and their contractor address any damages (this should be part of GDOT contract but will confirm) 11. Work hours cannot be a condition of this agreement. This is a GDOT contract and they will set the work hours. City can notify the HOA of these hours when set forth within the Contractor agreement. 12. Portable toilet will not be located on either Crabapple Chase parcel or in the right of way of Crabapple Rd fronting the Crabapple Chase parcels. City can add a note to construction plans. 13. The median will be altered as shown on the construction plans. The median re -construction wIII tie Into existing meeting as show on the plan attached. (See attached) 14. GDOT sets the standards and their contractor will adhere to their standards 15. GDOT requires condition be restored to same as before construction. 16. Roundabout landscaping to be installed in accordance with GDOT detail RA -1 that we will attach to this counter. 17. Contractor will install entire disturbed frontage and ROW for parcels 2 and 3 with Bermuda sod. This note will be added to the Construction Plans. Ili Electronically Signed using eSignOnlineT"'[Sesslon ID : 8c136f14-f92f-4531-8e2a-8d6349f6fd6b ] LUEDER, LARKIN & H INTER, LLC ATPORNSYS AT LAW 7anuary 7, 2015 Via Certified Mail 70141200 00017135 2257 Katrina Neidlinger Right of Way Agent City of Milton P.O. Box 878 Braseltori, Georgia 30517 Re: Offer to Purchase Real Estate Interest from Crabapple Chase Homeowners Association, Inc. (the "Association") Dear Ms. Neidliuger, This fuxn represents Crabapple Chase Homeowners Association, Inc. (the "Associat]on'�. It is my understanding that the City -of Milton wishes to acquire certain interest in the Association's property, and has tendered an offer to purchase real estate to the Association's Board of Directors. Specifically, the City of Milton wishes to acquire a permanent easement over Tax Parcel ID# 22-40114169-036 2 and a portion (.011 acres) of that parcel in fee simple. The offer for these rights is seven thousand one hundred and twenty five ($7,125.00) dollars. Additionally, the City of Milton desires to acquire a permanent easement over Tax Parcel ID# 22401111690354 and a portion (228.62 square feet) of that Parcel in fee simple. The offer for these rights is eight thousand eight hundred and forty six ($8,846.00) dollars. The purpose of the City of Milton's proposed acquisitions is to construct a roundabout to ease traffic congestion in the area, to.which I will refer as the "Project." Upon review of this offer and consultation with a professional landscaping company, the Association is rejecting this offer. However, my client has authorized me to matte a counteroffer with the terms and conditions outlined below. 1) The Association agrees to convey .011 acres of land over Tax Parcel ID# 22-4011-1169-036- �i1, 2 to the City of Milton and agrees to grant a peimazient conshuction and maintenance easement 6 over .02 acres Tax Parcel ID# 22-40114169-036-2, as more specifically depicted on Exhibit 5900 WINDWARD PARI�4VAX, SUITE 390, ALPHARETTA, GEORGIA 30005 TELEPHONE 770-655-7000 FACSIMILE 770-685-7002 www.litederlaw.com kr Electronically Signed using eSignOnlineT""[Sessien ID : 8c136f14-f92f-4531-Seta-8d6349f8fd6b ] rKatrina Neidlinger Jandary 7, 2015 Page 2 of 3 ii "A" to this offer, and incorporated by reference herein. The permanent easement area is shown in orange and the fee simple portion to be conveyed to the City of Milton is depicted in yellow. 2) The Association agrees to convey 228.62 square feet of land over Tax Parcel ID# 224011- 1169-0354 to the City of Milton and agrees to grant a permanent construction and maintenance easement over 602.89 square feet of Tax Parcel 2240114169,-0354, as more specifically depicted on Exhibit "B" to this offer, and incorporated by reference herein. The permanent easement area is shown in orange and the fee simple portion to be conveyed to the City of Milton is depicted in yellow. 3) In exchange, the City of I tggnn�sh# pay the Association a total of thirty four thousand and one hundred ($3ArItHr I�'As, which is the.value of replacing landscaping and ]nigation i that would be taken from the Association. A more detailed description of this estimate is attached hereto as Exhibit "C." You will note that the difference in the value of landscaping j is the retaining wall that will need to be installed due to the change in elevation as a result of the City's i Y' Project; 4) In addi'on to the compensation noted in paragraph 3 above, the Ci y o�ltarr sl l set aside a contingent ntint�yVAOZo �Sz^0 $34ercent (yv 'c 6,;100.00) to be jheld in escrow by the City until such a �Au• lion's landscaper presents a statement to the City that t gency has materialized and ie rtingency amount should besad e Association. Upon receipt of such statement, the City shall release j theft ds to the Association; Association rees laim deed and a itc the proposed transfers. However, theulAssoc Association makes noanrepresentationssorof casementowarranties ju 5' regarding title to these parcels. h2f�h 6) As provided in City of Milton's offer, the A ociation shall retain all rights granted by law to an owner w e property is acquired by a g nment a r a public purpose, includingbut not fimz to, reimbutsement`X .due to the City of Milton purchasing said real estae 'teres, property tax pay�iits,,d survey work vl Ul0' reimbursements, s,, a 1 appl able require mettts d Claim Form attac ed ereto as Exhibit "D�ami incorporated by reference herein; en t1+ �f0 �ip1 � yyt8{ 7) During the course of the Project, the City of Milton, on behalf 'of itself, its employee's, i agents, contractors, and subcontractors, agrees not to block entry to the Crabapple Chase u 1 Q subdivision, except upon at least forty eight (48) hour notice to the Association; V8} The Association's common areas shallnot.be a ed for parking of any vehicles prior to, during, or after the project is completed; 9) The Project area shall be left clean and free of debris and project equipment at the end of each work day; 5 ) The City of Milton agrees to repair or pay for any and all damage to the Association's signs, property, or landscaping during the course of Project caused by the City's employees, agents, contractors, or subcontractors; 11) All w3N6,pn the Project shall be done from Monday to Friday, from the hours of 9:004m to 4:00pm. If :l on the Pr est-eamia be�ic on' a Burin' g�hese o� s the i o£ Milton will provide a tr re - cel • •rect traffic; 12) if a portable toilet will be utilized during the Project, it must be located in the neighborhood / parking lot designated by the Association's Board of Directors; Electronically Signed using eSignOnlineTM[Session ID : 8c136f14-f92f-4531-8e2a-8 d6349f6fd6b ] KatrinaNeidlingerIn' 011 4 January 7, 2015 / I Y� Page 3 of 3 13) The Associ on understands at -I a 'median Crabapple Chase Drive will be permanently altered. The ' n agrees that no more than half of the median be removed or perlmrm e,A a tere b this Project; 3e e, A*&A4 CbWwch oYI ICVK. 14) In rther consideratio of the grant of the easements and conveyances conte the City of Milton, on be alf of itself, its employe�es,..agm actors, and subcontractors, agrees to perform all co ctio instdfl oa"fi n, maintenance and repair activities in a professional, workmaanlli efficient manner, and shall meet the highest of generally accepted mdyst 1 an ds, 15) Upon completion of the Project, except for items which are intended to be compensated by this offer, the City of Milton agrees to restore all area affected by the Project to a condition substantially similar to the condition of the area prior to construction and which is acceptable to the Association's Board of Directors. 16) The City of Milton further agrees to landscape the center of the roundabout by planting low maintenance shrubbery and applying pine straw. Please note that this offer is open until February 27, 2015. If you have any questions or concerns, please do not hesitate to contact Kelly Finley regarding the contents of this offer. Sincarel��.,---" Elina V. Brim cc. Board of Directors Kf Electronically Signed using eSignOnlineT"' [Session ID : 8c136f14-f92f-4531-8e2a-8d6349f6fd6b ] fit 'a I I 11111 :'j? 771; I I?11#1 adJ& 0 add do ??•irr�. 0411 1446 am 9 8 of 0#6 .11l VVV � 'I1 I 1 I Ar BEGlN f4 CURB7&OUTT�R JOj� 02 CBABAPqp1 Epp HO�MNEOIYHEBS / 2P 400U?IIJ6�ItiPY / %" LIMIT 01 MATCH .r' DEGIH gPg �'o``, . OJ HEEIIgApNSl!HI SIH�7HA 2 SEEISH NOT, '2' \STA 101+5q. 25 fi ti iO seteI 01lfl . _ x7 ... %�OG9035 .G%!':rry,....BHIVEWAYrr yy qqrr. 8�Q1N024Q0URB&YG00 T Sr UTIEH end rYleLL d�QrNBAI& �TYIByBCOiIEI r5COnZ. iian I4bnSfYUC�ioh Kf Electronically Signed using eSignOnlineT"'[session ID : 8c136f14-f92f-4531-8e2a-8d6349f6fd6b LOCAL GOVERNMENT: City of Milton AVAILABILITY OF INCIDENTAL PAYMENTS: CLAIM FORM P.L # 0007313 PROJECT NO.: CSHPP-0007-00(313) COUNTY: Fulton PARCEL: 3 01 NAME: Crabapple Chase Homeowners Association PHONE #: 678-468-4990 DATE: 1044-2014 SOCIAL SECURITY# or FEI# (include SS# for each Property owned PROPERTY ADDRESS: Crabapple Road MAILING ADDREss: 255 Crabapple Chase Court, Alpharetta, GA 30004 This is to advise you that due to the acquisition of the above project and parcel, you are eligible for reimbursement for expenses you may have incurred due to the Local Government's purchasing your property. These expenses may include: 1. Pro -rata portion of taxes, and 2. Survey work. Pro -rata tax deductions are normally handled at closing on a total acquisition situation. However, if they are not, or in the event of condemnation, it will be your responsibility to provide to the Local Government copies of your paid receipt(s) as described in Property Tax Payments section below. I. Property Tax Payments are handled as follows: A. For Total Acquisition of your property, a deduction for your pro -rata share of the taxes will be withheld at closing. Upon receipt of your property tax bill for the current year, you should immediately forward the property tax bill to the Local Government's Designated Representative with this letter for payment (see address immediately below). B, For Partial Acquisition of your property, the Local Government will reimburse you for the pro -rata share of taxes on the portion of property acquired by the Local Government upon receiving a copy of your paid tax bill receipt. Paid property tax recei Xs) must be mailed with this letter to; Local Government's Designated Representative: Sat'a Leaders Local Government: City of Milton Address: 13000 Deerfield Parkway, Suite 107G City: Milton, Georgia Zip Code: 30004 2. Survey WorlrReimbursements are handled as foll ows: You may also be eligible for reimbursement for reasonable survey fees to re establish exrstiue ptnperty corner pins that were removed as a result of construction of the project.. Your assigned Local Government Representative for survey incidental benefits is: Sara Leaders at Phone: 678-242-2559 (1) Contact your Local Government Representative before proceed with survey; send estimate and obtain pre -approval. (2) Your Local Government Representative will need this completed claim form, survey estimate, and paid receipt in order to process your claim. Swvey Pre -Approval: For Local Government Use Only Sut'vey Bstirnate Amt: $ Date of Estimate: Smvey Reimbursement AmtApprgved: Pre -approved Signature (for Reimbursement): Local Government Representative In order to file alarm for payment ofthe above expenses, you must have paid receipts) to support your claim and you mist fi le within eighteen (18) months of the date you• property was acquhed, except survey fees, which must be filed within six (6) months after construction on the project is completed. IIJJ Local Gov r�ment's Designated Representative Kf RA -61 -LG Rev. 08-01-2010 Electronically Signed using eSignOnlineT"^ [Session ID : 8c138f14-f92f-4531-Seta-8d8349f8fd8b ] HOME OF ' z: BFS1 LTO N -ft ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 5, 2015 FROM: City Manager AGENDA ITEM: Approval of the Acquisition of 49.40 SF of Right of Way and 337.88 SF of Construction and Maintenance Easement at 15708 Hopewell Road from Kevin and Katherine Scott for a Combined Purchase Price of $3,665, MEETING DATE; Monday, March 16, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED C-fT--�' ATTORNEY APPROVAL REQUIRED., YES ONO CIL"TTORNEY REVIEW REQUIRED; YES () NO APPROVAL BY C4TY ATTORNEY VAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: a31e�s REMARKS Youla PHONE: 678.242.2500 � FAX: 678.242.2499 Green �v infoCcityotmiltonga.us j www .cityofmiltonga.us Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on March 3, 2015 for the March 16, 2015 Regular Council Meeting Agenda Item: Approval of the Acquisition of 49.40 SF of Right of Way and 337.88 SF of Construction and Maintenance Easement at 15708 Hopewell Road from Kevin and Katherine Scott for a Combined Purchase Price of $3,665. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: To provide for intersection improvements at Hopewell Road and Birmingham Road the acquisition of 49.40 SF of Right of Way and 337.88 SF of construction and maintenance easement are required. Funding and Fiscal Impact: Funding for this project is available in the Hopewell @ Birmingham Intersection Improvement Capital account. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Purchase Agreement AGREEMENT TO PURCHASE REAL ESTATE GA DOT Project # 13-PW4 P. I. Number N/A Tax Parcel I D # GEORGIA, FULTON COUNTY Parcel # 22486103900135 15 For and in consideration of the sum of One Dollar ($1.00), receipt whereof being acknowledged, the undersigned grants to City of Milton an option to acquire the following described real estate: Right of Way and/or Easement rights through that tract or parcel of land located in Land Lot 390 & 403 of the -District of Fulton County, Georgia, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference. For the sum of $ 3,665 the undersigned agrees to execute and deliver to the City of Milton, Geor is fee simple title and easements to the lands owned by the undersigned as reflected on the attached Exhibit "A". g The following conditions are imposed upon the grant of this option: 1) This option shall extend for 90 days from this date. 2) The consideration recited is full payment for the rights conveyed. 49.40 Square Feet of Right of Way Linear Feet of Limited Access 337.88 Square Feet of Construction and Maintenance Easement Square Feet of Temporary Construction Easement 3) All Temporary Easements will terminate upon completion and acceptance of the same by the City of Milton. 4) The undersigned shall obtain all quit claim deeds or releases from any tenant now in possession and any other parties having a claim or interest in the property described above. 5) Special Provisions, if any, are listed on Exhibit "B", which is attached hereto and incorporated herein by reference. Witness my hand and seal this _9_t day ofQ vm r Signe ealed and Deliv r he presence of: Witness lY ILI. Notary Public r��1 W Q�;o�tassroN G7 : #0r't `' N.� 1,1Cous sit it i�,\ Kevi cotT 91gnature Katherine .,Scott Si ature DOT 663 -A -LG Revised 08-01-2010 HOMEOF' ._.. NMI-L'TONtt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 5, 2015 FROM: City Manager AGENDA ITEM: Approval of the Acquisition of 80.57 SF of Right of Way and 269.36 SF of Construction and Maintenance Easement at 15698 Hopewell Road from Hendrix Holmes for a Combined Purchase Price of $4,500. MEETING DATE: Monday, March 16, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED {) NOT APPROVED 6W -X ATTORNEY APPROVAL REQUIRED: Y YES O NO IS+F' ATTORNEY REVIEW REQUIRED: v YES ONO APPROVAL BY C-� ATTORNEY VAPPROVED O NOT APPROVED PLACED ON AGENDA FOR.- REMARKS OR.REMARKS © Youlin PHONE: 678.242.2500 i FAX: 678.242.2499 "Green`. info@cityofmiltonga.us j www.cityofmiltonga.us Comml�nityIQErhi 11 il13000 Deerfield Parkway, Suite 107 j Milton GA 30004 ' ; ° '': o` N To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on March 3, 2015 for the March 16, 2015 Regular Council Meeting Agenda Item: Approval of the Acquisition of 80.57 SF of Right of Way and 269.36 SF of Construction and Maintenance Easement at 15698 Hopewell Road from Hendrix Holmes for a Combined Purchase Price of $4,500. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: To provide for intersection improvements at Hopewell Road and Birmingham Road the acquisition of 80.57 SF of Right of Way and 269.36 SF of construction and maintenance easement are required. Funding and Fiscal Impact: Funding for this project is available in the Hopewell @ Birmingham Intersection Improvement Capital account. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Purchase Agreement AGREEMENT TO PURCHASE REAL ESTATE GA DOT Project # P. I. Number N/A Tax Parcel ID # GEORGIA, FULTON COUNTY l 3-PW4 Parcel # l' 22486103900150 For and in consideration of the sum of One Dollar {$1 AO}, receipt whereof being acknowledged, the undersigned grants to the City of Milton an option to acquire the following described real estate: Right of Way and/or Easement rights through that tract or parcel of land located in Land Lot 390 & 403 of the -District of Fulton County, Georgia, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference. For the sum of $ 4'00 , the undersigned agrees to execute and deliver to the City of Milton, Georgia fee simple title and easements to the lands owned by the undersigned as reflected on the attached Exhibit "A". The following conditions are imposed upon the grant of this option: 1) This option shall extend for 90 days from this date. 2) The consideration recited is full payment for the rights conveyed. 80.57 Square Feet of Right of Way 269.36 Linear Feet of Limited Access Square Feet of Construction and Maintenance Easement Square Feet of Temporary Construction Easement 3) All Temporary Easements will terminate upon completion and acceptance of the same by the City of Milton. 4] The undersigned shall obtain all quit claim deeds or releases from any tenant now in possession and any other parties having a claim or interest in the property described above. 5) Special Provisions, if any, are listed on Exhibit "B", which is attached hereto and incorporated herein by reference. Witness my hand and seal this day of 7 4 c , ���A Signed, Sealed and Delivered in the presence of: J Witness Hendrix S. Holmes _{Sed} Signature Notary Public C W1�, # t� DOT 083 -A -LG Revised 08-01-2013 HOME OF ` - - ,L iY C F I.I' F N GE0::1--1A' M [TOMN*' ESTABLISHED 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 5, 2015 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and More] and-Altobelli Associates, Inc. for Final Design for Two Birmingham Road Bridges — Chicken Creek Tributaries 7 and 9. MEETING DATE: Monday, March 16, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. (APPROVED CITY ATTORNEY APPROVAL REQUIRED. j YES CITY ATTORNEY REVIEW REQUIRED: APPROVAL BY CITY ATTORNEY PLACED ON AGENDA FOR REMARKS VYES ,\ APPROVED 03 I ib ( () NOT APPROVED () NO (} NO () NOT APPROVED © 1110 Your Green ; .*a ; PHONE: 678.242.25001 FAX: b78.242.2499 cRrt,t, u u.nc;�Y 1AF!, Community i,y infoftityofmiltonga.us i www.cityofmiltonga.us ® �a< 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 '""` Page 1 of 2 To: Honorable Mayor and City Council Members From: James Seeba, Stormwater Engineer, Public Works Department Date: Submitted on March 5, 2015 for the March 16, 2015 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Moreland-Altobelli, Associates, Inc. for Final Design for Two Birmingham Road Bridges – Chicken Creek Tributaries 7 and 9. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The project is to perform final design and engineering services for the replacement of 2 bridges located on Birmingham Road in the City of Milton. Both of these bridges have structural deficiencies and restricted hydraulic and vehicular capacities. Replacement of these bridges will permit better vehicular and pedestrian traffic movements and will provide for a safer transportation system. In accordance with the city procurement procedures , in 2014 a Request for Proposals (with a separate sealed bid price) for the concept design of 3 bridges located on Birmingham Road was advertised for 2 weeks. There were 11 firms which submitted proper respo nses to the advertisement. The submittals were reviewed, evaluated and scored by Public Work staff. After consideration of firm qualifications and price, Moreland-Altobelli Associates, Inc. was determined to be the firm with the highest overall score (and also the lowest bid price). The scope of work for this project excluded final design services but did provide authorization for the City to negotiate these services with the selected firm. After the initial project scope was successfully completed for these bridges, we negotiated a final design price and scope with Moreland-Altobelli Associates, Inc. for the replacement of 2 of these bridges for a fee of $55,760.00. The remaining bridge replacement project will be completed at a later date due to scheduling conflicts. Proposal Bid Evaluation Summary Cost Moreland alt. 55,760.00 Staff is recommending approval of a Professional Services Agreement with Moreland- Altobelli Associates, Inc. in the amount of $55,760.00. Page 2 of 2 Funding and Fiscal Impact: Funding for this project is available in the Public Works capital account. Alternatives: Delay the project to a future date. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 3/14/2015 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Professional Services Agreement HOMF OF MIL110N. es eAausncn 2x6 PROFESSIONAL SERVICES AGREEMENT FINAL DESIGN FOR TWO BIRMINGHAM ROAD BRIDGES CHICKEN CREEK TRIBUTARIES 7 AND 9 This Agreement made and entered into this day of , in the year 2015, by and between The City of Milton, Georgia (sometimes referred to herein as the "City"), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and Moreland Altobelli Associates, Inc. ("Consultant") having its principle place of business at 2211 Beaver Ruin Road, Suite 190, Norcross, Georgia 30071. WHEREAS, the City issued a Request for Proposals, to solicit professional bridge design services at two locations along Birmingham Road; and WHEREAS, based upon Consultant's bid to provide the services as required by the RFP documents, the City has selected Consultant as the winning bidder, and WHEREAS, Consultant has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Consultant is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: 1.0 Contract Documents This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A REQUEST FOR BID/SCOPE OF WORK EXHIBIT B RESPONSE TO BID/FEE SCHEDULE EXHIBIT C INSURANCE CERTIFICATE EXHIBIT D CONTRACTOR AFFIDAVIT EXHIBIT E 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. 2.0 Scope of Work; Compensation 2.1 The Consultant agrees to provide all Services specified in Exhibit "A." No payments will be made for unauthorized work. Invoices should be submitted to Bernadette Harvill, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. 2.2 City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a lump sum fee of $55,760 (the "Contract Price") for the following tasks without prior written approval from the City. Task 1- Final Plans Task 2- Corps of Engineers and EPD permitting Task 3- FEMA No -Rise study/certification Task 4- Right-of-way Plans, exhibits and legal description Task 5 -Bidding Assistance (bid schedule, addenda) Task 6 -Construction Phase Services (7 -day inspection, contractor RFIs) 2.3 Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 2.4 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. 2.5 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. 2.6 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total 4 amount to be paid under this Agreement in excess of $25,000, must be approved by resolution of the Milton City Council. 3.0 Independent Contractor 3.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, license or approvals that may be necessary for the performance of the services. 3.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 4.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub - consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 3 5.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Covera. 4 (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior 5 written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 4 of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than ANII. (6) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -consultants: Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. Ri 6.0 Term; Termination The term of this Agreement shall be from the date the city issues a Notice to Proceed and shall terminate absolutely and without further obligation on the part of the City on December 31, 2015, provided that this Agreement, absent written notice of non -renewal provided by the City to Consultant at least thirty (30) days prior to December 31, 2015, shall automatically renew on January 1, 2016 to December 31, 2016. Except as otherwise provided for in Exhibit "A", the City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 7.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 8.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 9.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 10.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 11.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 12.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 13.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 14.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 15.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 16.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Moreland Altobelli Associates, Inc. 2211 Beaver Ruin Road Suite 190 Norcross, Georgia 30071 17.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The 8 Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 18.0 Employment of Unauthorized Aliens Prohibited (1) E -Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "D" and "E" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "B - 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 "D", 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 "E", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the 9 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. 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. 19.0 Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 19.0 in every subcontract for services contemplated under this Agreement. 10 The parties also agree to comply with the requirements contained in Exhibit "D," attached hereto and incorporated herein by reference. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON THE FOLLOWING PAGE] 11 Moreland Altobelli Associates, Inc. Signature Yrmt Name Citle SIGNED, SEALED AND DELIVERED [AFFIX CORPORATE SEAL] In the presence of. Witness (Corporate Secretary should attest) Yrmt Name Notary Public [NOTARY SEAL] MY Commission Expires: MILTON CITY COUNCIL: Joe Lockwood, Mayor [CITY SEAL] SIGNED, SEALED AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] MY Commission Expires: 12 EXHIBIT "A" .REQUEST FOR BID/SCOPE OF WORK NOTE: This scope of services is for Final Design Services for the replacement of 2 bridges on Birmingham Road at Chicken Creek Tributaries 7 and 9. This scope was taken from Task S of the original scope of work from the Request for Proposals 14 PW7. Completion of Task S was not included in the original scope of work for the concept design services, but the ability to complete was considered in the farm selection. This final scope and price for these services was to be negotiated. Scope of Work: Final Engineering Design Services/Construction Documents Chicken Creek Tributaries 7 and 9. The design services shall include all construction drawings and specifications necessary for the construction of each bridge as an independent project. In addition, the design services include preparation of all required permit documents (such as wetlands, stream buffer variances, etc.). The consultant shall make application for said permits and shall obtain these permits as part of their services. All plans shall be consistent with the Concept Design Reports completed as part of Milton Project 14-PW7. There shall be 2 sets of plans (1 per bridge) and specifications provided which shall, at a minimum, include the following: a. Conduct necessary hydrologic and hydraulic studies; including no -rise study w/certification, scour analysis, bridge/culvert and pipe hydraulics, etc. b. grading and drainage plans, c. roadway and drainage profiles, d. layout plan, e. roadway cross sections and paving plans, f. erosion and sediment (SWPPP plan) control plans, g. utility locations (services to include all submissions and coordination efforts), h. traffic control plans and detour routes as may be necessary, i. staking and layout plans, j. tree protection plans (if required), k. any required environmental studies, I. obtain any necessary environmental permits (Le. wetlands, stream buffer variances), m. construction details, n. right of way plans and easement and right of way exhibits as necessary. Easement and right of way exhibits may be priced on a per parcel basis and should include a legal description. The price submitted for this bid should include (separately) a per parcel price for preparation of these documents. The City will make arrangements for obtaining these easements. The design specifications for this project should meet GDOT and City of Milton standards. Consultant to provide an itemized construction cost estimate for each bridge location. Provide digital files of engineering drawings (DWG format tied to state plane coordinates and including Benchmark data and datum information) and 3 hard copies of the drawings signed and sealed by a professional engineer licensed and qualified to do business in the State of Georgia. HOME OF 'tHE aPTT OiJAUTY OF t_iFr IN C3 RGIA' M1e—f­i r — ) ___ -V- ESTABLISHED 2005 CITY C1F MIL�t'0 V - 'QtEVST FOS PI POSAI S (?e�eQs rs NOTAIv oRv�>�j - ;. RFP Number: RFP Title: 14-PW7 Professional Design Services — Birmingham Road Bridges (3) Due Date and Time: May 27, 2014 Number of Pages: 32 Local Time: 2:00pin ISSUING DEPARTMENT INFORMATION Issue Date: May 5, 2014 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 13000 Deerfield Pkwy, Suite 107G Website: IM-w-eitpofmiltonga us Milton, Ga. 30004 INSTRUCTIONS TO OFFERORS Return Proposal to: Mark Face of Envelope/Package: City of Milton RFP Number: 14-PW7 Attn: Rick Pearce, Purchasing Name of Company or Firm Office Special Instructions: 13000 Deerfield Pkwy Deadline for Written Questions Suite 107G May 16, 2014 Milton, Ga. 30004 Email questions to Rick Pearce at rick.nearce(a�cityofmiltonga us SEE STANDARD TERMS AND.CONDITIONS OFFERORS .MUST COMPLETE TEE FOLLOVnNG Offeror Name/Address: Authorized Offeror Signatory: Offeror Phone Number: Offeror Federal I.D. Number: (Please print name and sign in Offeror FAX Number: Offeror E-mail Address: OFFERORS MUST RETURN THIS COVER SI -MET WIT -RFP RESpONSE PHONE: 678.24125001 FAX 678.2422499 ee* C that 1nf0@clipofm1Uonga.us i www.cifyofmltionga.us i}ii } ICZj dry of 33000 Deetif efd Porkwoy, Suite 107 1 Wton GA 30004 ��� cs n; i an eno cc •. V hj 2 1 RFP 14 -PW'/ TABLE OF CONTENTS Offeror's RFP Checklist Disclosure Form Proposal Letter Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Project Section 4: Offeror Qualifications Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Standard Contract 3 1 RFP 14-PW7 OFFEROR'S RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton I. Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements; etc.). 2. Nate the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3. Attend the pre -proposal conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding ofthe project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4. Take advantage of the "question and answer" period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal "addenda" issued for the RFP. All addenda issued for an RFP are posted on the DOAS website at http://ssl.doas.state.ga.us/PRSapp/PR index.jsp and on the City's website at http://w�vw.cityofmiltonga.us will include all questions asked and answered concerning the RFP. 5. Follow the format required in the RFP when preparing your response. Provide point -by - point responses to all sections in a clear and concise manner. 6. Provide complete answers/descriptions. Read and answer all questions and requirements_ Don't assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response. 7. Use the forms provided, i.e., cover page, sample budget fora, certification forms, etc. 8. Check the website for RFP addenda. Before submitting your response, check the DOAS website at http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp and the City website at http://wwtiv.cityofmiltouga.us to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document, and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Offeror's Response 4 1 RFP 14-PW7 HOME OP'THE E FST OUALITY Or t.IFE IN GEORGIA' MT IL u��rrrr�rrrrr EFABLiSHED 200 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH BID This form is for disclosure. of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Naive of Offeror Name and the official position ofthe Milton Oficial to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/VaIue Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: S 1 RFP 14-PW7 HOME OF 'THE BEST O11ALIrf OF LIFE IN' GEORGIA' ESTAB Li SH ED 2o6 RFP# I4-PW4 PROPOSAL LETTER (Bidder to sign and return with proposal) We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) -Professional Design Services — Birmingham Road Bridges. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest ofthe city. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature Date Print/Type Name Print/Type Company Name Here 6 1 RFP 14-PW7 SCBEDULE OF EVENTS EVENT RFP Issue Date Deadline for Receipt of Written Questions Posting of Written Answers by City to Websites RFP DUE DATE May 5.2014 5 PM on May 16.2014 on or about May 20, 2014 No Later than 2 PM on May 27,2014 NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmittonga.us) OR THE DOAS WEBSITE (http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp) FOR ADDENDA AND SCHEDULE UPDATES. 7 1 RFP 14-PW7 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is accepting sealed Proposals from qualified firms to provide Professional Design Services —Birmingham Road Bridges (3). All Offerors must comply with all general and special requirements of the RFP information and instructions enclosed herein. 11 SINGLE POINT OF CONTACT From the date this Request for Proposal (RFP) is issued until an offeror is selected, offerors are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Rick Pearce. Any unauthorized contact may disqualify the offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Rick Pearce Address: 13000 Deerfield Parkway, Suite 107G, Milton, GA 30004 Telephone Number: 678-242-2511 E-mail Address: rick.pearce@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Offerors should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. B. Form of Ouestions. Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email (preferred), or faxed to the procurement office referenced above on or before 5 PM on May 16. 2014. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City's Answers, The City will provide an official written answer to all questions on or about Mayo_ 2014. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFP at http://Www.cityofmiltonga.us or http:/Jssl.doas.state.ga.us/PRSapp/PR_index.jsp. Offerors must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, offeror agrees to acceptance of the City's standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above 8 1 RFP 14-PW7 by the date for receipt of written/e-mailed questions or with the offeror's RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the offeror's ability to respond to the RFP or perform the contract. The City reserves the right to address non -material, minor, insubstantial requests for exceptions with the highest scoring offeror during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all offerors submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, an offeror must meet the intent of all mandatory requirements. The City will determine whether an offeror's RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 Reserved 1.4 SUBINUTTING A PROPOSAL A. Submittal Requirements. Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. Technical Proposal: Each Technical Proposal Shall be: a. No more than eight (8) single sided pages (four pages if double sided) 1. Cover page(s), table of contents, tabs; and required forms do not count toward the page limit b. Minimum of 11 point font c. Stapled or spiral -bound. No binders Each Technical Proposal Shall Contain: a. Design Team (2 pages) — include project staffing, qualifications of the design team, and what sets the team apart b. Work Plan (3 pages) —provide an anticipated project schedule, any anticipated challenges, and any innovative approaches c. Related Projects and References (3 pages) 1. Describe at least 3 similar projects with references and the degree of involvement of the team d. Pricing (See Section 5) 5. Applicable Addenda Acknowledgement Forms (if necessary) Offerors must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. 9 1 RFP 14-PW7 B. Failure to Comply with Instructions Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any proposals that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals One original and two (2) copies of each proposal (plus a CD) should be provided to the City. Proposals must be received at the receptionist's desk prior to 2:00 PM, local time, May 27. 2014. Emailed responses to requests for proposals are not acceptable. Proposals will be opened at approximately 2:05 pm and names of offerors will be announced. D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the offeror's sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late proposals will not be opened and may be returned to the offeror at the expense of the offeror or destroyed if requested. 1.5 OFFEROR'S CERTIFICATION A. Understanding of Specifications and Requirements By submitting a response to this RFP, offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP. B. Offer in Effect for 120 Days A proposal may not be modified, withdrawn or canceled by the offeror for a 120 -day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and offeror so agrees in submitting the proposal. 1.6 COST OF PREPARING A PROPOSAL A. City Not Responsible for Preparation Costs The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the offeror. The City is not liable for any expense incurred by the offeror in the preparation and presentation of their proposal. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and offeror resulting from this RFP process. 10 1 RFP 14-PW7 SECTION 2: RFP STANDARD INFORMATION 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.1 OFFEROR COMPETITION The City encourages free and open competition among offerors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City's need to procure technically sound, cost- effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of proposals has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the offeror; and (4) other constitutional protections. B. Procurement Officer Review of Proposals Upon opening the proposals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the proposal. 2. The proposal does not contain confidential material in the cost or price section. 3. An affidavit from an offeror's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each proposal containing trade secrets. Please contact Rick Pearce for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a `right to know" (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the II I RFP 14-PW7 submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the proposal is not within the specifications described and required in the RFP. If a proposal is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if an offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring offeror or, if necessary, to seek discussion/negotiation or a best and final offer in order to determine the highest scoring offeror. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses in terms of differing price, quality, and contractual factors. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the offeror's proposal and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as .Internet websites or libraries, unless specifically requested. Information or materials presented by offerors outside the formal response or subsequent discussion/negotiation or "best and final offer," if requested, will not be considered, will have no bearing on any award, and may result in the offeror being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more offerors should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the proposal. Oral presentations and product demonstrations, if requested, shall be at the offeror's expense. F. Best and Final Offer. The "Best and Final Offer" is an option available to the City under the RFP process which permits the City to request a "best and final offer" from one or more offerors if additional information is required to make a final decision. Offerors may be contacted asking that they submit their "best and final offer," which must include any and all discussed and/or negotiated changes. The City reserves the right to request a "best and final offer" for this RFP, if any, based on price/cost alone. 12 1 RFP 14-PW7 G. Evaluation Committee Recommendation for Contract Award The evaluation committee will provide a written recommendation for contract award. H. Request for Documents Notice. Upon concurrence with the evaluation committee's recommendation for contract award, the procurement officer may issue a "Request for Documents Notice" to the highest scoring offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the "Request for Documents Notice" does not constitute a contract and no work may begin until a contract signed by all parties is in place. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible offeror whose proposal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring offeror fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring offeror. J. Contract Award. Contract award, if any, will be made to the highest scoring offeror who provides all required documents and successfully completes contract negotiation. 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: I . Cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any proposal, 4. Not award if it is in the best interest of the City not to proceed with contract execution; or 5. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 13 1 RFP i 4-PW7 SECTION 3: SCOPE OF PROJECT 3.1 PROJECT LOCATION 14 ( RFP 14-PW7 3.2 PROJECT SCOPE OF SERVICES The City of Milton (City), is seeking the services of a professional engineering consultant to prepare survey, geotechnical, and concept engineering design services for the removai/replacement of three (3) bridges/culverts located on Birmingham Road. In general this project consist of conducting the necessary geotechnical investigations, surveying and engineering services necessary to prepare 3concept design reports (1 per bridge/cuIvert). Note. -These bridges and nearby road surfaces may currently be located below the 100 year flood level. The design criteria for the new bridge%ulvert systems require that the bridges/roadway will not be overtopped during the 100 year flood. The consultant shall conduct the necessary computations and prepare the necessary hydrologic/hydraulic studies required to insure compliance with this requirement. Also, the design will include any associated modifications to nearby roadways, subdivision entrances, utilities, driveways, etc. within the construction zone. As such, the survey also requires collecting the necessary data on all affected features. The preparation of construction drawings, specifications, and accompanying engineering documents to permit and remove/replace 3 bridges on Birmingham Road will be prepared at a later time and are described herein. The consultant shall demonstrate the ability to complete all tasks outlined in this RFP and provide reference projects which demonstrate successful completion of similar projects Described below is overall project scope of services to be provided. The engineering/design items include but are not limited to the following: Task 1: Survey Provide a field run survey to facilitate the design of the project. The project limits will be considered to be from the edge of pavement on the opposite of the road to the edge of the right- of-way on the project side of the road, plus a minimum of 25 feet outside the right of way. Sufficient survey shall be obtained to cover all areas needed for easement or right of way acquisition as necessary to complete the project. The survey database shall include, at a minimum, the following information: a. Right-of-way location, b. All improvements within the project limits (or on other affected properties), including, but not limited to edge of pavement, utilities, sidewalk, drainage structures, curb and gutter, etc...., c. All drainage structures within the project limits (or on other affected properties). At a minimum obtain the necessary specific information regarding the existing bridges, identify pipe sizes, pipe materials, upstream and downstream inverts, end treatments (end of pipe, headwall, etc...). d. Adjacent property owners and property boundary locations, e. The character and location of all walls, fences, buildings, poles, and other visible improvements within the project or within twenty-five feet of the project, 15 1 RFP 14-PW7 f Driveways, alleys or other means of access on or crossing the project or within twenty- five feet of the project, g. Substantial, visible improvements (in addition to buildings) such as billboards, signs, parking structures, swimming pools, etc...; h. Topographic survey with a minimum of 2 foot topographic contour intervals of the affected area. i. Provide spot elevations at all critical points such as bridges, drainage breaks, high points, low points, edge of pavement, buildings, etc..., j. Location and type of all overhead and underground utilities within the project limits which may include, but not be limited to, all manholes, catch basins, valve vaults or other surface indications of subterranean uses. k. Ponds, lakes, springs, defined drainage channels or rivers bordering, running through or within twenty-five feet of the premises being surveyed shall be shown, 1. The location of any specimen tree within 50 feet of the project limits. Specimen trees will include any beech or magnolia or walnut tree 24" dbh or greater, any other hardwood or pine 27"dbh or greater and any dogwood, redbud or sourwood 8" dbh or greater. Call out tree type, size and show location. Provide digital files of survey (DWG format tied to state plane coordinates and including Benchmark data and datum information) and 3 hard copies of survey signed and sealed by a professional land surveyor licensed and qualified to do business in the State of Georgia. The consultant shall be required to notify all property owners, in writing, of the impending surveys, prior to starting any surveying activities on their property. A copy of the notification shall be provided to the city. 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. Task 2: Geotechnical Investigation and Report Consultant shall arrange and provide for a geotechnical investigation and report for each bridge/culvert location. A report of conditions, Iimitations and recommendations shall be provided as part of this proposal and shall be sufficient to complete concept and final design services. Task 3: Preliminary Engineering and Design Service Engineering and design services shall be completed to the extent that the concept design plan and concept report can be completed. The design services shall include the following as necessary; a. conduct necessary hydrologic and hydraulic studies; including no -rise study w/certification, scour analysis, bridge/culvert and pipe hydraulics, etc. b. grading and drainage plans, 16 1 RFP 14-PW7 c. roadway and drainage profiles; d. layout plan, e. roadway cross sections and paving plans, f. erosion and sediment (SWPPP plan) control plans, g. utility locations (includes all submissions and coordination) h. traffic control plans and detour route consideration, L consideration of any environmental issues, j. consideration of requirements for any necessary environmental permits (i.e. wetlands, stream buffer variances), k. easement and right of way considerations. The design specifications for this project should meet GDOT and City of Milton standards. Consultant to provide an itemized construction cost estimate for each bridge location. The City of Milton can provide the following information in support of this project: a. 2 -foot aerial topography, b. 2012 aerial photography, c. "Future Conditions" Flood Plain Model (HECRAS) for this area. Task 4: Concept Plan and Report Preparation The consultant shall prepare a preliminary concept plan and report (s) for each bridge/culvert location. The concept plan reports shall include all alternative considerations, cost estimates for alternative and concept plans for the selected alternative. The concept plan report shall include summaries of the hydraulic evaluations, plan and profiles of the concept plan, cross-sections of the right-of-way, etc. The concept plan report should also address any unique environmental issues and any permits which may be required to complete and implement the final design. Task 5: Final Engineering Design Services/Construction Documents Task 5 is not to be included in the cost proposal. The City may choose to negotiate the rates to complete this task with the selected consultant zpon completion of the concept plan report or at a later date. Consideration will be given during the selection process to those firms that can complete this task. The design services shall include all construction drawings and specifications necessary for the construction of each bridge as an independent project. In addition, the design services include preparation of all required permit documents (such as wetlands, stream buffer variances, etc.). The consultant shall make application for said permits and shall obtain these permits as part of their services. There shall be 3 sets of plans (1 per bridge) and specifications provided which shall, at a minimum, include the following: a. conduct necessary hydrologic and hydraulic studies; including no -rise study w/certification, scour analysis, bridge/culvert and pipe hydraulics, etc. 17 1 RFP 14-PW7 b. grading and drainage plans, c. roadway and drainage profiles, d. layout plan, e. roadway cross sections and paving plans, f. erosion and sediment (SWPPP plan) control plans, g. utility locations (services to include all submissions and coordination efforts), h. traffic control plans and detour routes as may be necessary; L staking and layout plans, j. tree protection plans (if required), k. any required environmental studies, 1. obtain any necessary environmental permits (i.e. wetlands, stream buffer variances), in. construction details, n. right of way plans and easement and right of way exhibits as necessary. Easement and right of way exhibits may be priced on a per parcel basis and should include a legal description. The price submitted for this bid should include (separately) a per parcel price for preparation of these documents. The City will make arrangements for obtaining these easements. The design specifications for this project should meet GDOT and City of Milton standards. Consultant to provide an itemized construction cost estimate for each bridge location. The consultant shall be qualified and the proposal shall demonstrate the ability to prepare a complete set of construction drawings. The engineering/design items include, but are not limited to, site plans, grading and drainage plans, utility plans, erosion, sedimentation and pollution prevention plans, road and drainage profiles, hydrology and stormwater management plans, etc... Provide digital files of engineering drawings (DWG format tied to state plane coordinates and including Benchmark data and datum information) and 3 hard copies of the drawings signed and sealed by a professional engineer licensed and qualified to do business in the State of Georgia. Task 6: Right -of -Way and Easements Task 6 is not to be included in the cost proposal. The City may choose to negotiate the rates to complete this task with the selected consultant upon completion of the concept plan report or at a later date. Consideration will be given during the selection process to those firms that can complete this task The consultant will provide for easement and right-of-way appraisals and acquisitions necessary to complete these projects. Prices shall be negotiated on a per parcel basis. The City of Milton can provide the following information in support of this project: a. 2 -foot aerial topography, b. 2012 aerial photography, c. "Future Conditions" Flood Plain Model (HECRAS) for this area. 18 1 RFP 14-PW7 SECTION 4: OFFEROR QUALIFICATIONS 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the offeror to provide the supplies and/or perform the services specified. 4.1 OFFEROR INFORMATIONAL REQUIREMENTS Firms interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 14 1 RFP 14-PW7 SECTION 5: COST PROPOSAL HOME OF 'THE FF -ST QUALffY Oc LIFE IN GEORGIA.' Mil - LON*k ESTABLISHED 2006 MUST BE RETURNED �VITH PROPOSAL One (1) original and two (2) copies shall be submitted in a separate sealed envelope before the required deadline. The offerors cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by bidder for the total contract price of Total Price Print Total Price in Words Print/Type Company Name Here: Authorized Signature Print/Type Name Print/Type Title Date 20 ( RFP 14-PW7 SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the offers according to the following criteria: • A selection team for the City will initially evaluate and score all technical proposals received. • Proposals not meeting the minimum technical requirements and those who are non-responsive will not be considered. • Cost Proposals will be reviewed after the technical review process. Proposal Evaluation Criteria Qualifications of the design team 25 pts. • Organization strength and stability • Education and experience of the assigned staff • Key personnel's level of involvement • Proximity and availability of key personnel Work Plan 20 pts. • Project approach • Public involvement • Project innovations • Schedule Related Projects and References 30 pts. • Experience and technical competence on similar projects • Previous experience with City of Milton projects • Previous experience as a design team • Quality of the final work product • Ability to meet schedules Price (Section 5) 25 pts. 21 1 RFP 14 -PW'/ SECTION 7: STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City's standard contract is attached to this document as Appendix A. Offerors should notify the City of any terms within the standard contract that either preclude them from responding to the RFP or add unnecessary cost. This notification must be made by the deadline for receipt of written/e-mailed questions or with the offeror's RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non -material, minor, insubstantial exceptions to the standard contract with the highest scoring offeror at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the offeror's RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City's standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring offeror. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 72 SUBCONTRACTORS The highest scoring offeror will be the prime consultant if a contract is awarded and shall be responsible, in total, for all work of any subcontractors. All subcontractors, if any, must be listed in the proposal. The City reserves the right to approve all subcontractors. The Consultant shall be responsible to the City for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Consultant. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 7.4 COMPLIANCE WITH WORKERS' COMPENSATION ACT The Consultant is required to supply the City of Milton with proof of compliance with the Workers' Compensation Act while performing work for the City. Neither the Consultant nor its employees are employees of the City. The proof of insurance/exemption must be received by the City of Milton within 10 working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Consultant must, in performance of work under this contract, fully comply with all applicable 22 1 RFP 14-PW7 federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by the Consultant subjects subcontractors to the same provision. The Consultant agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. 23 1 RFP 14-PW3 STANDARD CONTRACT Included for Reference Only City reserves the right to make changes to this contract PROFESSIONAL SER VICES A GREEMENT I4 PW This Agreement made and entered into this day of in the year 2014, by and between The City of Milton, Georgia (sometimes referred to herein as the "City'), having its principle place of business at 13000 Deerfield Parlavay Suite 107G, Milton GA 30004 and XXXXX ("Consultant') having its principle place of business at XX =. WHEREAS, the City issued a Request for Proposal (14 -PWS?, to solicit firms to provide design services; and WHEREAS, based upon Consultant's bid to provide I'S.'1'X services as required by the bid documents, the City has selected Consultant as the winning bidder; and WHEREAS, Consultant has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Consultant has famillari->ed itself with the nature and extent of the Contract Documents, the Project, and the World with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of ivork and Consultant is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged agree as follows: 1.0 Contract Documents This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents ": EXHIBIT A SCOPE OF WORKIREQ UEST FOR O UALIFICATIONS EXHIBIT B FEE SCHED ULEIRESP ONSE TO RFO EXHIBIT C INSURANCE CERTIFICATE EXHIBIT D CONSULTANT AFFIDAVIT EXHIBIT E SUBCONSUL TA NT AFFIDAVIT EXHIBIT F SAVE AFFIDAVIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. 2.0 Scope of Work; Compensation 2.1 The Consultant agrees to provide all Services specified irr Exhibit 'A_ " In addition to the tasks required by Exhibit "A" the Consultant shall provide a AXM.. No payments will be made for unauthorized work Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Millon GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered 2.2 City agrees to pay Consultant far 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 far 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 24 1 RFP 14-PW3 budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a fee of XXXXX (the "Contract Price'), without prior written approval from the City. Consultant shall take no calculated risk in the performance of the !Work Specy9cally, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 2.3 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work 2.4 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recogni_e,� unless contained in a written change order duly executed on behalf of the City and the Consultant. 2.5 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of 53,000, must be approved by resolution of the Milton City Council. 3.0 Independent Contractor 3.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, licenses or approvals that may he necessary for the performance of the services. 3.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any thirdperson or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itsef as the City's agent for any purpose to arty party or to allow any employee of the Conniltani to do so, unless specifically outhori_ed, in advance and in writing to do so, and then only for the limited purpose stated in such authori=ation. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on bahalfof the City of Milton without the express knowledge and prior written consent of the City. 4.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work performance of contracted services, or operations by the Consultant, any sub - consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 25 1 RFP 14-PW3 5.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Mork by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager, (1) Minimum Limits oflnsurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of 31,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Comprehensive Automobile Liability (owned, non -owned hired) of 31,000, 000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of 51,000,000 limit for claims arising out of professional services caused by the Consultants errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of 31, 000, 000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or set6insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope ofprotection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance andshall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a `pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising front work performed by the Consultant for the City. (vii)All endorsements to policies shall be executed by an authorised representative of the insurer. (b) workers' Compensation Coveraze. The insurer will agree to waive all rights of subrogation against the Cit), its officials, employees, agents and volunteers for losses arisingfrom workperformed by the Consultant for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. r1ii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Consultant under the terms of this Agreement, including but not limited to Section 4 of this Agreement. 26 j RFP 14-PW3 (5) Acceptability o Insurers: Insurance is to be placed with insurers 'Pith an A.M. Bests'rating of no less than A: i"11. (6) Verification of Coveraee: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorised by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -consultants: Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and far sub -consultants shall be subject to all of the requirements endorsements for each stub -consultant. All coverage stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) Citi, as Additional Insured and Loss Pavee • The Cityshall be named as an additional insured and loss payee on all policies required by this Agreement. 6.0 Term, Termination The term of this Agreement shall be from April 10, 2012 and shall terminate absolutely and without further obligation on the part of the City on December 31, 2012, provided that this Agreement, absent written notice of non- renewal provided by the City to Consultant at least thirty (3 0) days prior to December 31, 2012, shall automatically renew on January 1, 2013 to April 1, 2013. The City may terminate this Agreement upon a breach of airy provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within ffteen (15) days of receipt from the City of a written notice of the breach. The City may terminate this Agreement for convenience by providing at least thirty (3 0) days prior written notice of such termination to Consultant. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 7.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local,s tate and federal requirements. The all /a Consultant shall comply with ws, rules and regulations of any governmental entity pertaining to its performance under this Agreement- 8.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of 2vIjlton's prior written consent. 9.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 10.0 Expertise of Consultant Consultant accepts the relationship of trust and cot f:dence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage ats entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 11.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 27 1 RFP 14-PW3 12.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 13.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 14.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 15.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified goodfaith or official immunities. 16.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITYshall be sent to: City Manager City of Milton 13000 Deerfield Par1<1vay, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Attn: 17.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed andlor asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 18.0 Employment of Unauthorized Aliens Prohibited (1) E- Verify Affidavit 11 is the policy of the City of Milton that unauthorised 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 "D" and "E" (affidavits regarding compliance with the E-Yerify 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 -Verb') program, of the social security numbers, or other identf�ing information now or hereafter accepted by the E -Verb program, of all employees who will perform work on the City contract to ensure that no unauthorised aliens will be employed, or 28 1 RFP 14-PW3 (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 notarised affidavit, the form of which is provided in Exhibit "D", 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 CIRCA), 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. § I3-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O. C. G.A. § 13-10-91, the City Manager or his/her designee shall be authorised 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 fiirther be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ zinauthoriied 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 unauthorked 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 maybe sanctioned by termination ojthe 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 D. 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 subcontractors) 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 f2deral law, and shall be construed to be in conformity with those laws. 19.0 Nondiscrimination In accordance with Title YI of the Civil Rights Act, as amended, 42 U.S.C. § 2004d, 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, duringperformance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any 29 1 RFP 14-PW3 employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 19.0 in every subcontract for services contemplated under this Agreement. IN WITNESS 6T"HEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. By: Its: President & CEO SIGNED, SEALED, AND DELIYERED in the presence of.- Witness fWitness Notary Public [NOTARY SEAL] My Conunission Expires: [AFFIX CORPORATE SEAL] CITY OF MILTON: By: Its: [CITY SEAL] 30 1 RFP 1 d-PW3 EXHIBIT "A" SCOPE OF WORKIREQUEST FOR QUALIFICATIONS EXHIBIT "B" FEE SCHEDULE/RESPONSE TO RFQ - Y MMT "C" INSURANCE CERTIFICATE 31 1 RFP 14-PW3 EXHIBIT "D„ CONTRACTOR AFFIDA P7TAAID 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 author, anon program commonly known as E -Ver f,, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.G 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 D. C. G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorisation user identification number and date of outhoriration are as follows: eVerify Number Date ofAuthori:ation Name of Contractor Name ofProjeet Citv of Milton Name of Public Employer I hereby declare under penalty ofperjury that the foregoing is true and correct, Executed on _, 201_ in (cit}), (state). Signature ofAuthorised Officer or Agent Printed Name and Title ofAuthoi-Led Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 201 . NOTARYP UBLIC (.NOTARYSEALJ Aly Commission Expires: 32 1 RFP 14-PW3 EXHIBIT `B" SUBCONTRACTOR AFFIDAVIT STATE• OF GEORGL4 CITY OFMILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.0 G_A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance ofservices under a contract with Contractor Name on behalf of the City ofAdilton 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.CG.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authoration 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 0.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 (3) 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 forwar4 within five (i) business days ofreceipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorisation user identification number and date of authorisation are as follows: eVere Number Date ofAuthori_ation I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _, 201_ in (city), (state). Name of Subcontractor Signature ofAuthorised Officer or Agent Printed Name and Title ofAuthoriced Officer or Name of Project Agent City ofMilton Name of PublicErnployer SUBSCRIBED AND SYVORN BEFORE A1E ON THIS THE DAY OF ,201 , NOTARY P UBLIC [NOTARY SEAL] My Commission Expires: .tea-�K::n,.. _..�_ ..<.�...• MI LTON*e1 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM 41 RFP 14-PW7 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242-2511 Fax: 678-242-2499 Email: rick.nearce(t ccityofmiltonQa.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature ADDENDUM #1 Date RFP 14-PW7 Addendum 41 Page 1 of 2 DUE TO THE DEPARTMENT OF ADMINISTRATIVE SERVICES (DOAS) WEBSITE BEING UNAVAILABLE FOR SEVERAL DAYS, THE FOLLOWING IS THE NEW SCHEDULE OF EVENTS: SCHEDULE OF EVENTS EVENT RFP Issue Date Deadline for Receipt of Written Questions Posting of Written Answers by City to Websites RFP DUE DATE Mav 5.2014 5 PM on Mav 23.2014 on or about Mav 27.2014 No Later than 2 PM on JUNE 312014 NOTE: PLEASE CHECK THE CITY WEBSITE (http://v"vw.cityofmiltonga.us) OR THE DOAS WEBSITE (http://ssl.doas-state.ca.us/PRSapp/PR—index.isp) FOR ADDENDA AND SCHEDULE UPDATES. RFP 14-PW7 Addendum #1 Page 2 of 2 MILTON ACKNOWLEDGEMENT RECEIPT OF ADDENDUM 92 RFP 14-PW7 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242-2511 Fax: 678-242-2499 Email: rick.uearce(i ,cityofmiltonaa.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature ADDENDUM #2 Date RFP 14-PW7 Addendum #2 Page 1 of 5 Questions and City of Milton Answers Section 3.2—Task 3: Should the hydraulic and hydrological studies and reports be developed in accordance with GDOTguidelines? Will GDOT be performing a review of the hydraulic and hydrological reports? Is a GDOT prequalification in 4.04 Hydraulic and Hydrological Studies (Bridges) required for this project? No (all three questions). Section 3.2 —Task 3, a.: If these bridges currently overtop during the 100 -year event, it may be difficult to develop a no -rise condition and no overtopping without extremely large bridges. Is a no - rise condition the only option the City would pursue? The "no -rise" statement refers to existing conditions; therefore most replacement structures will meet this criterion. Ideally, the chosen plan will minimize upstream and downstream flood levels during extreme flood events. Some of these bridges may overtop during extreme flood events. This study will address alternative means to elevate the structures and roadways out of the flood zones (if possible). A preferred design will be chosen by the City from one, or more, alternative plans developed by the consultant. Section 3.2: Current FEMA Mapping indicates Bridge MLT05 is in a mapped area with a watershed less than 1 square mile, Bridge MLT04 is at the upper limit of a Zone AE related to the flood pool of King Lake, and Bridge 121-5003-0 is in a Zone A. Are there existing HEC -RAS models available for any of these crossings? Yes. Will the City provide for temporary traffic control during the borings (police car, etc.)? No I understand for the width of survey for each location will be from the edge of pavement on one side of the road to 25 feet past the right of way on the opposite side. Do need to have property information/right-of-way shown for the "non -surveyed" side? The survey requirements are explained in Task 1 which states the consultant shall "provide a field run survey to facilitate the design of the project". For a bridge replacement and road improvement project these survey requirements will require survey information on both sides of the road as needed. RFP 14-PW7 Addendum #2 Page 2 of 5 What about the existing invert on the "non -surveyed" side? I assume this will be required? The survey requirements are explained in Task 1 which states the consultant shall "provide a field run survey to facilitate the design of the project". For a bridge replacement and road improvement projects these survey requirements will require survey information on both sides of the road as needed. How far in each direction from the structure will be required for your concept_ How far along each road do you want to include inside the limits. Ex 200' from cl of culvert, or 200' past a bridge approach, etc. Also, this is a factor in how much property database required. The survey requirements are explained in Task 1 which states the consultant shall "provide a field run survey to facilitate the design of the project". The amount of survey information will vary per bridge location, depending on conditions. For the hydrology portion, do you need a flood section at each side of the bridge/culvert, and 500' upstream and downstream with sections at 100' intervals?(GDOT spec) This project will not require GDOT specifications on the hydrology/hydraulic portion. The hydro portion of this concept report should be sufficient for the purpose of defining the planned bridge/road improvements. This includes sufficient analysis to insure that there we be a "no -rise" in flood levels compared to the existing conditions A description of this methodology and a summary of the results shall be provided in the final concept submittal. Do we need to carry flood sections at these points to 2' above the flood elevation? If so, what elevation at each of these crossings would we need to carry the flood sections out to? Same response as above. During the final design phase (should you be selected) a complete H/H submittal will be required for each bridge location. I'm assuming the deliverable to be in AutoCAD 2014 format or Civil 31)? AutoCAD 2010. Being a concept plan, the survey information is more relevant at this point. What CAD standards are to be used in the deliverable; does the City have a specific template they use? No Do you require the survey contractor to be GDOT pre -qualified such as 5.01, 5.02, 5.03, or 5.08? No Do you require marking and surveying subsurface utilities? If so, what level will you require? GA UPC One Call Dig Ticket (- For this concept r)hase Or, a full QL-B SUE investigation. RFP 14-PW7 Addendum #2 Page 3 of 5 Is there additional merits in having WBE or MBE participation? Ire The note under Section 3.2 (Project Scope of Services) on Page 14 of the RFP states, in relevant part, the following: The consultant shall conduct the necessary computations and prepare the necessary hydrologic/hydraulic studies required to insure compliance with this requirement. Use of the term "insure" implies that the Consultant is responsible for guaranteeing the compliance with such requirements, which is an uninsurable risk and may be outside of the control of the Consultant. Please confirm that use of this term does not require the Consultant to guarantee compliance with such requirements, but requires the Consultant to perform the services set forth under the RFP (and any resulting Contract) in accordance with that degree of care and skill ordinarily exercised under similar conditions by members of Consultant's profession practicing in the same field at the same time or similar locality (the "Standard of Care"). Additionally, to the extent that the terms "ensure", "assure", "insure", "guarantee", "certify", "warrant" and the like appear in the RFP and any resulting Contract, please confirm these terms shall mean providing such services in compliance with the Standard of Care, and that nothing in this RFP (or any resulting Contract) will require a level of performance higherthan the Standard of Care. The tasks associated with this initial phase of this project are those required for the development of a recommended Concept Plan for the replacement of 3 bridges. The H/H studies required are those deemed necessary by the Professional Engineering firm required to complete this preliminary concept design study. The term "insure" refers to the level a confidence normally associated with a contract with a Professional Engineering firm providing these services. The necessary level of effort and Standard of Care necessary to provide these services should be understood by the selected consultant. Will the City consider modifying the proposed indemnification provision set forth in Section 4.0 of the Standard Contract on Page 24 of the RFP such that: (i) it is based on claims, actions, liabilities, losses claimed by third parties for any injury to persons or property; and (H) it only requires the Consultant to indemnify the County to the proportionate extent such claims, actions, liabilities, losses arise from the Consultant's negligence? This Standard Contract form is one that has been approved by the City Attorney and is utilized by the various City Departments. Once selected, the consultant may discuss any modifications to this contract with our legal staff. Should the limits of the survey be from a minimum of 25' outside of the R/W to 25' outside of the R/W on the opposite side of the roadway? RFP 14-PW7 Addendum #2 Page 4 of 5 At a minimum, yes. However, the extent of the survey should include all areas which have an impact on the design. For instance, a road may need to be elevated, which may require modification of a driveway, or a subdivision entrance. The survey information must be sufficient to complete the evaluation of the concept plan. Why is preliminary engineering included in the scope of services? Preliminary engineering should include the following: sufficient hydrologic/hydraulic analysis, traffic considerations, constructability, scheduling, costs, road alignment considerations, etc. Are all tasks under this heading really needed for an approved Concept Report? Yes Should an environmental screening be included? Only as a very basic consideration. This project is for the replacement of existing public infrastructure, and as such it may be exempt from many environmental permitting requirements. However, some permits may be required for constructing some alternatives (i.e. culverts). The permit requirements should be considered, along with other factors, in selecting a concept plan. RFP 14-PW7 Addendum #2 Page 5 of 5 EXHIBIT "B" RESPONSE TO BID/FEE SCHEDULE NA%Xn_:zM' PF Sralz'1PE u. &YTI Va.* E. Mveav prelte'r 14 V ; wE t zr t r 5✓U.Z�r ;1E Ax,�i J. r. E cnrz z ""�' al P�ert P-- cer., Vice pr-srell ple�_Iiem January 6, 2015 Mr. Carter Lucas, PE Director of Public Works City of Milton, GA RE: Birmingham Road culvert plans—Chicken Creek Tributaries 7 and 9 Dear Carter, Moreland Altobelli Associates, Inc, (MA) proposes to perform the following services related to the subject projects: Scope of Services and Deliverables 1 - Final plans based on the concepts and comments received from the City of Milton- Including roadway plans, detour plans, drainage plans, tree protection plans, utility plans, signing and marking plans, Erosion and Sediment control plans, quantities and cost estimates. 2. Corps of Engineers and EPD pen-nitting- 3, FEMA no -rise Study/certification. 4- Right of way plans, exhibits and legal descriptions_ 5. Bidding assistance (bid schedule, addenda) Fees 6. Construction phase services (7 -day inspection, contractor RFIs) The scope of services will be completed for the Jump sum fee of $55.760 The breakdown of the fee is as follows: Final plans 526,980 Corps of Engineers and EPD permitting 518,000 FEMA no -rise study/certification 52,880 Right of way plans, exhibits and legal descriptions $3,680 Bidding assistance 51,440 Construction phase services 52,880 TOTAL 555,760 If a Stream Buffer Variance is required, an additional fee or $4500 per variance will apply. Work beyond the Scope of services can be provided at hourly rates. If you have any questions, please call me at 770 -888 -3496 - Sincerely, Eric W. Brown, PE Project Manager EXHIBIT "C" INSURANCE CERTIFICATE EXHIBIT "D" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is 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 Moreland Altobelli Associates Inc Name of Contractor FINAL DESIGN FOR M0 BIRMINGHAM ROAD BRIDGES CHICKEN CREEK TRIBUTARIES 7 AND 9 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 "E" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Moreland Altobelli 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 authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Subcontractor FINAL DESIGN FOR TWO BIRMINGHAM ROAD BRIDGES CHICKEN CREEK TRIBUTARIES 7 AND 9 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 ,2015. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: EXHIBIT "B" RESPONSE TO BID/FEE SCHEDULE N/A ?r10epS D 1fplOrl PE CEO h Marow PE V" Resom January 6, 2015 Mr. Carter Lucas, PE Director of Public Works City of Milton, GA NiorelaiicL-XltobelliAssociates Inc :-']J BeaterAum A"d Sear 100 VWrrs:: Gvewzu 300-1 &A" Grabs PE Georw u " PE Vresmee 5(va0r VK 4! Pre *" JOe MCG" PE RKAM C 50" PE We por"M VKt PrlS4W vow E WMV M orally M "ar, Pe CFO vu Pmsdm 11Th J Jlylw it ►savvy E conal, t Val Prtllfty VU Presaw RE: Birmingham Road culvert plans—Chicken Creek Tributaries 7 and 9 Dear Carter. Moreland Altobelli Associates. Inc (h1A) proposes to perform the following services related to the subject projects Scope of Services and Deliverables I Final plans based on the concepts and comments received from the City of Milton. Including roadway plans, detour plans, drainage plans, tree protection plans, utility plans. signing and marking plans. Erosion and Sediment control plans, quantities and cost estimates. 2 Corps of Engineers and EPD permitting 3 FELLA no -rise studylcertification. 4. Right of way plans. exhibits and legal descriptions 5. Bidding assistance (bid schedule. addenda) 6 Construction phase services (7 -day inspection. contractor RFIs) Fees The scope of services will be completed for the lump sum fee of $55.760 The breakdown of the fee is as follows Final plans S26,880 Corps of Engineers and EPD permitting S18,000 FEKIA no -rise study certification 52.880 Right of way plans, exhibits and legal descriptions $3.680 Bidding assistance S 1.440 Construction phase services S2.880 TOTAL 555,760 If a Stream Buffer Variance is required. an additional fee of $4500 per variance will apply Work beyond the scope of services can be provided at hourly rates If you have any questions, please call me at 770-888-3496 Sincerelv. Eric W Brown, PE Project Manager EXHIBIT "C" INSURANCE CERTIFICATE EXHIBIT "D" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is 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 Moreland Altobelli Associates Inc. Name of Contractor FINAL DESIGN FOR TWO BIRMINGHAM ROAD BRIDGES CHICKEN CREEK TRIBUTARIES 7 AND 9 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 "E" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Moreland Altobelli 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 authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Subcontractor FINAL DESIGN FOR TWO BIRMINGHAM ROAD BRIDGES CHICKEN CREEK TRIBUTARIES 7 AND 9 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 ,2015. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: HOME OF'iHE BEST C�JAI_ TY 0? ;-IFF IN ,l ORGIA' M 1 LT 0 N*k ESTABLISHED 20()6 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 10, 2015 FROM: City Manager AGENDA ITEM: Proclamation Recognizing Olde Blind Dog. MEETING DATE: Monday, March 16, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: 9 APPROVED C/TY ATTORNEY APPROVAL REQUIRED: O YES CITY ATTORNEY REVIEW REQUIRED: () YES () NOT APPROVED NO j NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: Q 3 I to 15 REMARKS 4 % © Youn PHONE: 678.242.25001 FAX; 678.242.2499 Green-� v *Certified * info@cityofmiltongaus i www.cityofmilionga.us uI�DLIF1 Community cr,',r Top IQ} 13000 Deerfield Parkway, Suite I07 j Milton GA 30004 - 'e` Recognizing Olde Blind Dog WHEREAS, The Olde Blind Dog Irish Pub has served the residents of Milton since 2009 as a great landmark and local institution, and; WHEREAS, The Olde Blind Dog Irish Pub has established itself as a valuable part of the community, partnering with local groups and non-profits to continue to develop and grow Milton’s truly unique hometown feel, and; WHEREAS, Olde Blind Dog Irish Pub is named after one of Milton’s former canine residents, Peaches, who was in fact blind in one eye and was often told, “Come on you old blind dog, let’s go to bed,” and; WHEREAS, Olde Blind Dog Irish Pub was founded with the dream of offering the warm, friendly and authentic Irish pub experience to Milton residents, and; WHEREAS, Olde Blind Dog Irish Pub has earned the outstanding accomplishment of being named 2015 Irish Pub of the Year by the Irish Pubs Global Federation, and; WHEREAS, Olde Blind Dog Irish Pub is the first American pub to win this award, given for authenticity, ambience, market position and online customer ratings. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby dedicate Monday, March 16, 2015 as OLDE BLIND DOG DAY in the City of Milton, Georgia. Given under our hand and seal of the City of Milton, Georgia on this 16th Day of March, 2015. _____________________________________ Mayor Joe Lockwood LAb HOME OF' �BEST i "r Ll . M I LTONft ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 5, 2015 FROM: City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Spice Afro Caribbean Cuisine, LLC Located at 13695 Highway 9 N. Suite 103 & 104, Milton, GA 30004. MEETING DATE: Monday, March 16, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: P APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES NO CITY ATTORNEY REVIEW REQUIRED: () YES} NO APPROVAL BY CITY ATTORNEY O APPROVED O NOT APPROVED PLACED ON AGENDA FOR REMARKS 0 3110 15 qq - © your _ PHONE: 678.242,2500 � FAX: 678.242.2499 an"Green ' !Certified* Toptou infoCcityofmiltonga.us www.cifyofmiltonga.us wr COmnlunity 13000 Deerfield Parkway. Suite 107 f Milton GA 30004 << pa -17, � To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on February 18, 2015 for the March 16, 2015 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Spice Afro Caribbean Cuisine, LLC Located at 13695 Hwy 9 N. Suite 103 & 104, Milton, GA 30004. ____________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license to Spice Afro Caribbean Cuisine, LLC 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: Spice Afro Caribbean Cuisine, LLC Contact Name: Ade Openiyi Business Address: 13695 Hwy 9 N. Suite 103 & 104, 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. n HOME OF ' TO.e .° FSTABLISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 5, 2015 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 4, Alcoholic Beverages. MEETING DATE; Monday, March 16, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Affach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: KAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: K YES () NO CITY ATTORNEY REVIEW REQUIRED. YES O NO APPROVAL BY CITY ATTORNEY AAPPROVED () NOT APPROVED PLACED ON AGENDA FOR.- REMARKS OR.REMARKS ©,* Your tm *** PHONE: 678.242.25001 FAX: 678.242.2499 Green�.� *Ceccaisd* aP'ao� info@c1tyofm1lfonga.us I www.cifyofmilfonga.us WIL Community ELMO ,Q 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on March 10, 2015 for the March 16, 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 beverage 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 & 3/9/15) 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 and federal 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 and federal 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 6 compliance with the provisions of this chapter. Failure to furnish the information 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 where 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 section 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 and in state and federal law. 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 of 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 20 th 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 container 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. HOME OF 'T -4E BEST ;; U:�LITY CF FIFE IN ,EQGIA' M I LTO N11P ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 5, 2015 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 34, Article Il — Regulation of Public Parks — Section 34-22 — Prohibited Acts. MEETING DATE: Monday, March 16, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: Y, APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. V YES ONO CITY ATTORNEY REVIEW REQUIRED: (YES () NO APPROVAL BY CITY ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR: p~3 t {s 1 S REMARKS © v You( *** PHONE: 678.242.2500 j FAX: 678.242.2499 ® „Green *Cenificd* Top.lOU infoCciryofmiltonsc.us f wwwci�ofmilfongams WILDLIFE Community #, tEchick 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 'e` To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on March 9, 2015 for the March 16, 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, it 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. 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. HOME OF '-`tet e T "i.iaL-TYIm I LION, ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 5, 2015 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Appendix A — Fees and Other Charges. MEETING DATE: Monday, March 16, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: X APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY y APPROVED �� v 4 O NOT APPROVED {) NO (JNO (J NOT APPROVED PLACED ON AGENDA FOR: REMARKS Q?It.I!57- © youl *** PHONE: 678,242,25001 FAX: 678,242.2499 ® Green � *CcaifiW 1op10a tY , g WEL Community h;G a infoC�?ci ofmiltnn a.us www.0yofmiltonga.us a.us 13000 Deerfield Parkway, Suite 107 Milton GA 30004 'e` To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on March 9, 2015 for the March 16, 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 HOME OF ` ,MILTON ESTARLI5H ED 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 11, 2015 FROM: City Manager AGENDA ITEM: Approval of Amendments to the Personnel Policy Handbook to Modify the City of Milton Policies Regarding Social Media Policy, MEETING DATE: Monday, March 16, 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: OYES O NO CITY ATTORNEY REVIEW REQUIRED: OYES O NO APPROVAL BYCITYATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR.- REMARKS OR.REMARKS qD -- KI *** PHONE: 678.242.25001 FAX: 678.242.2499 Green l « *Ce,f,ed* fop lW N'ILf�LIFk ' infoC�cityofmilfonga.us I www.cityofmiltonga.us community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a` To: Honorable Mayor and City Council Members From: Sam Trager, Director of Human Resources Date: Submitted on 3/11/2015 for the 3/16/2015 Regular Council Meeting Agenda Item: Consideration of the Approval of Revisions to Personnel Policies: Social Networking Policy ____________________________________________________________________________ Department Recommendation: Approve the attached document to be included in the city’s Personnel Handbook. Executive Summary: Given the multitude of concerns (legal, political, and ethical) raised by social networking (Facebook, Twitter, etc.) this policy establishes prudent and acceptable practices regarding usage of social networking by City of Milton officials and employees. Substantial changes were made following the Council Work Session of 3/9/15. A final version of the proposed policy is attached along with a version that highlights the changes made to the policy following the last work session. Funding and Fiscal Impact: None Alternatives: Other Council directed action. Legal Review: Megan Martin – Jarrard & Davis March 10, 2015 Concurrent Review: Chris Lagerbloom, City Manager Page 1 SOCIAL NETWORKING A. PURPOSE Social media websites provide an opportunity for individuals to interact with people throughout the world. Given the multitude of concerns (legal, political, and ethical) raised by social networking (Facebook, Twitter, etc.) this policy establishes prudent and acceptable practices regarding usage of social networking by City of Milton officials and employees. Additionally, this policy identifies specific guidelines and standards that personnel, defined as City employees or appointed board members for purposes of this policy, must adhere to when utilizing social media websites. While the City of Milton encourages its personnel to enjoy and make good use of their off-duty time, certain activities on the part of its personnel may become a problem if they have the effect of: impairing the work of any official or employee; harassing, demeaning, or creating a hostile working environment; disrupting the smooth and orderly flow of work; or harming the goodwill and reputation of the City among its citizens or in the community. For these reasons, the City reminds its personnel (officials, appointed board members and employees) that the following guidelines apply in their use of social media, both on and off duty. Under this policy, the City disavows, and is not responsible for, any sites, posts, opinions, or content not coordinated through and approved by the City Manager or his/her designee. If City personnel post data purporting or implying to be on behalf of the City while using a social media site without the approval of the City Manager or his/her designee, the City is not responsible for that content, such content is not to be construed as reflecting the views or opinions of the Mayor, City Council or other City management, and the City is not responsible for archiving such content in accordance with applicable records retention schedules, or providing copies in accordance with the Georgia Open Records Act. Furthermore, the absence of explicit reference to a particular site does not limit the extent of the application of this policy. If you are uncertain as to the propriety of a post, opinion or other content, consult your department head before proceeding. B. GENERAL GUIDELINES FOR PERSONNEL 1. While on duty, the use of City equipment or internet service by personnel must be limited to work-related tasks. Social media activities should never interfere with work commitments. 2. No personnel may post online content as a representative of the City, or on the City’s behalf, without the City Manager or his/her designee’s approval. 3. If discussing City-related issues, but not posting online content as an approved representative of the City or on the City’s behalf, all personnel must make it clear that they are speaking for themselves, and not on behalf of the City by displaying a Page 2 disclaimer that states: “This is my own opinion and not necessarily an opinion or position held by the City of Milton, the Mayor or the City Council.” 4. EmployeesPersonnel who choose to maintain or participate in social media or social networking platforms while off-duty shall conduct themselves with professionalism and in such a manner that will not reflect negatively upon the City. Be aware of your City of Milton association in online social networks. If you identify yourself as a City of Milton employee or have a public facing position for which your City of Milton association is known to the general public, ensure your online profile and related content (even if it is of a personal and not an official nature) is consistent with how you wish to present yourself as a City of Milton professional, appropriate with the public trust associated with your position. C. GUIDELINES FOR OFFICIAL CITY SOCIAL MEDIA SITES AND CONTENT 1. All City-sanctioned social media sites shall be maintained by the City Manager or his/her designee. Any content to be posted on City-sanctioned social media sites must meet the approval of the City Manager or his/her designee before it is posted. 2. All personnel that engage in social media activities on the City’s behalf and all City- sanctioned social media sites shall adhere to applicable federal, state and local laws, regulations and policies, including the Georgia Open Records Act and the records retention schedules issued by the Georgia Archives. All content must be managed, stored and retrieved to comply with these laws. 3. All online content posted as representative of the City, or on the City’s behalf, shall clearly indicate that it is subject to the records retention schedules issued by the Georgia Archives and public disclosure pursuant to the Georgia Open Records Act. All City-sanctioned social media sites shall clearly indicate that any articles and any other content posted or submitted for posting are subject to the aforementioned records retention schedules and public disclosure. Note, for purposes of this policy each individual posting does not need the aforementioned disclaimer when such disclaimer is clearly posted on a social network site that contains the disclaimer in a readily accessible area of the site. 4. Any content posted as representative of the City, or content posted to a City- sanctioned social media site containing any of the following, shall not be allowed: a. Comments not topically related to the particular site or blog article being commented upon; b. Profane language or content; c. Content that promotes, fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to Page 3 public assistance, national origin, physical or mental disability or sexual orientation; d. Sexual content or links to sexual content; e. Conduct or encouragement of illegal activity; f. Information that may tend to compromise the safety or security of the public or public systems; or g. Content that violates a legal ownership interest of any other party. Any content removed from a City social media site will be maintained in accordance with the statesGeorgia Open Records Act. 5. Content submitted for posting on a City-sanctioned social media site that is deemed unsuitable for posting by the City Manager or his/her designee because it violates criteria in the preceding item (Item 4, above) of this policy, shall be retained pursuant to the applicable records retention schedules along with a description of the reason the specific content is deemed unsuitable for posting. Where hyperlinks are used on a City-sanctioned social media site, the site shall include a disclaimer which states: “The City does not guarantee the authenticity, accuracy, appropriateness or security of the link, website, or content linked hereto.” 6. All data transmitted, received, accessed, or stored by the City of Milton network systems or a third-party vendor (cloud), remains the property of the City of Milton. The City of Milton reserves the right to access or audit this information in accordance with local, state and federal laws. Additionally, in the event an employee is no longer a City of Milton employee or doing work with the City of Milton, the City of Mil ton retains the ownership to all work-related data and login information that was created to perpetuate business for the City of Milton (i.e. passwords, usernames, customer lists created for City of Milton business, Twitter handles created for the City of Milton business). The employee is hereby notified that passwords and usernames are administrative identifications and do not create an expectation of privacy in the event of a routine audit, public record requests, lawsuit, and internal investigation. 7. The City Manager or his/her designee will maintain a listing of all employees authorized to post on all City social media sites. EmployeesPersonnel are not allowed to create City of Milton websites without approval of the City Manager or his/her designee. D. GUIDELINES FOR PERSONAL SOCIAL MEDIA SITES AND CONTENT Page 4 1. Section D, “Guidelines for Personal Social Media Sites and Content,” of this Social Networking Policy shall apply to all officials, appointed board members and employees in the performance of their official duties for or on behalf of the City of Milton unless otherwise noted. 1.2. Use common sense when using personal social media sites. Remember that what you write is public, may be public for a long time, and has the propensity to spread to large audiences. EmployeesPersonnel should refrain from posting information that they would not want their supervisor or other employees to read or that they would be embarrassed to see in the newspaper or on television. The City expects its employees to be truthful, courteous, and respectful toward supervisors, co-workers, citizens, customers, and other persons associated with the City. EmployeesPersonnel shall not engage in name-calling or personal attacks or other such demeaning behavior. 2.3. EmployeesPersonnel may use social media on their own time and using their own equipment, and may use social media to express their thoughts or ideas as long as they do not negatively impact the City of Milton’s policies or business. To ensure the City of Milton’s safety, operational fluidity, and public trust, the list below provides guidelines on prohibited conduct on an official’s, board member’s, or employee’s personal social media site. The list is not meant to be an exhaustive list of all prohibited conduct for personal social media use, but rather a guideline on forms of speech that are not protected under the First Amendment or allowed by the City of Milton: o Hate speech or libelous speech as such is defined by local, state or federal law; o Sexually harassing speech as such is defined by local, state or federal law; o Statements, photographs, video or audio that reasonably could be viewed as malicious, obscene, threatening or intimidating, or that might constitute harassment or bullying. Examples of such conduct include, but are not limited to, offensive posts meant to intentionally harm someone's reputation or posts that could contribute to a hostile work environment on the basis of race, sex , disability, religion or any other status protected by law; o Obscenity prohibited by local, state or federal law; o Fighting words, extortion, and other threats prohibited by local, state or federal law; o Disclosure of private health or financial information protected by local, state or federal law; o Disclosure of other confidential information protected by local, state or federal law; o Disclosure of confidential information gained during the course and scope of employment that compromises the safety of others; o Disclosure of information obtained from emergency dispatches—such as, personal health information, financial information, or private family information received in a dispatch; Page 5 o On-duty or off-duty speech that compromises City investigations and the applicable department’s mission; and o All other speech prohibited by local, state or federal law not mentioned in this list. 3.4. Officials and personnel (employees or appointed board members) agree to avoid persistent and unwelcome posts, pictures, audio, video or any other communication that harasses another co-worker, vendor or other third party. There is zero tolerance for any harassing communications to a co-worker, vendor or other third party based on race, sex, religion, creed, ancestry, national origin, age, disability, marital status, or other protected classification by state or federal law. Users also agree not to violate local, state or federal harassment laws. All officials and personnel (employees or appointed board members) are hereby notified they may be personally liable for social media harassment. To report violations of this provision, please refer to the City’s harassment policy which shall govern all harassing communications. 4.5. Officials and personnel (employees or appointed board members) are not allowed to use their personal social media sites to display any video, audio, pictures, confidential work data, writings, logos or any other communications that identify their employment with the City of Milton. 5.6. Where applicable, officials and employeespersonnel are allowed to identify themselves as an employee of the City of Milton, however, if commenting on issues, but not posting online content as an approved representative of the City or on the City’s behalf, all personnel must make it clear that they are speaking for themselves, and not on behalf of the City by displaying a disclaimer that states: “This is my own opinion and not necessarily an opinion or position held by the City of Milton, the Mayor or the City Council.” City officials are expressly exempted from this provision and may identify themselves as City officials without the use of the aforementioned disclaimer. Nothing in this policy shall be construed to limit an official’s authority to engage in social media activities without needing to place any disclaimer in such posting so long as the speech is subject to First Amendment protection. 6.7. In no situation shall officials or employeespersonnel insinuate that the City of Milton endorses or authorizes the employee’s personal website, blog or private social network account. Additionally, no one is to directly or indirectly suggest that the City of Milton endorses a commercial service or product. 58. Personal or business venture social media account names shall not be tied to the City. For example, CityofMiltonEmployee would not be an appropriate personal account name or “handle” for a social media account. 9. EmployeesPersonnel, City contract employees, and City volunteers shall not use their City email account or password in conjunction with a personal social networking site. Page 6 10. To others online, there is no clear distinction between your work life and your personal life. Always be honest and respectful in both capacities. Any violation of this policy is subject to disciplinary action up to and including termination. Page 1 SOCIAL NETWORKING A. PURPOSE Social media websites provide an opportunity for individuals to interact with people throughout the world. Given the multitude of concerns (legal, political, and ethical) raised by social networking (Facebook, Twitter, etc.) this policy establishes prudent and acceptable practices regarding usage of social networking by City of Milton officials and employees. Additionally, this policy identifies specific guidelines and standards that personnel, defined as City employees or appointed board members for purposes of this policy, must adhere to when utilizing social media websites. While the City of Milton encourages its personnel to enjoy and make good use of their off-duty time, certain activities on the part of its personnel may become a problem if they have the effect of: impairing the work of any official or employee; harassing, demeaning, or creating a hostile working environment; disrupting the smooth and orderly flow of work; or harming the goodwill and reputation of the City among its citizens or in the community. For these reasons, the City reminds its personnel that the following guidelines apply in their use of social media, both on and off duty. Under this policy, the City disavows, and is not responsible for, any sites, posts, opinions, or content not coordinated through and approved by the City Manager or his/her designee. If City personnel post data purporting or implying to be on behalf of the City while using a social media site without the approval of the City Manager or his/her designee, the City is not responsible for that content, such content is not to be construed as reflecting the views or opinions of the Mayor, City Council or other City management, and the City is not responsible for archiving such content in accordance with applicable records retention schedules, or providing copies in accordance with the Georgia Open Records Act. Furthermore, the absence of explicit reference to a particular site does not limit the extent of the application of this policy. If you are uncertain as to the propriety of a post, opinion or other content, consult your department head before proceeding. B. GENERAL GUIDELINES FOR PERSONNEL 1. While on duty, the use of City equipment or internet service by personnel must be limited to work-related tasks. Social media activities should never interfere with work commitments. 2. No personnel may post online content as a representative of the City, or on the City’s behalf, without the City Manager or his/her designee’s approval. 3. If discussing City-related issues, but not posting online content as an approved representative of the City or on the City’s behalf, all personnel must make it clear that they are speaking for themselves, and not on behalf of the City by displaying a disclaimer that states: “This is my own opinion and not necessarily an opinion or position held by the City of Milton, the Mayor or the City Council.” Page 2 4. Personnel who choose to maintain or participate in social media or social networking platforms while off-duty shall conduct themselves with professionalism and in such a manner that will not reflect negatively upon the City. Be aware of your City of Milton association in online social networks. If you identify yourself as a City of Milton employee or have a public facing position for which your City of Milton association is known to the general public, ensure your online profile and related content (even if it is of a personal and not an official nature) is consistent with how you wish to present yourself as a City of Milton professional, appropriate with the public trust associated with your position. C. GUIDELINES FOR OFFICIAL CITY SOCIAL MEDIA SITES AND CONTENT 1. All City-sanctioned social media sites shall be maintained by the City Manager or his/her designee. Any content to be posted on City-sanctioned social media sites must meet the approval of the City Manager or his/her designee before it is posted. 2. All personnel that engage in social media activities on the City’s behalf and all City- sanctioned social media sites shall adhere to applicable federal, state and local laws, regulations and policies, including the Georgia Open Records Act and the records retention schedules issued by the Georgia Archives. All content must be managed, stored and retrieved to comply with these laws. 3. All online content posted as representative of the City, or on the City’s behalf, shall clearly indicate that it is subject to the records retention schedules issued by the Georgia Archives and public disclosure pursuant to the Georgia Open Records Act. All City-sanctioned social media sites shall clearly indicate that any articles and any other content posted or submitted for posting are subject to the aforementioned records retention schedules and public disclosure. Note, for purposes of this policy each individual posting does not need the aforementioned disclaimer when such disclaimer is clearly posted on a social network site that contains the disclaimer in a readily accessible area of the site. 4. Any content posted as representative of the City, or content posted to a City- sanctioned social media site containing any of the following, shall not be allowed: a. Comments not topically related to the particular site or blog article being commented upon; b. Profane language or content; c. Content that promotes, fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation; Page 3 d. Sexual content or links to sexual content; e. Conduct or encouragement of illegal activity; f. Information that may tend to compromise the safety or security of the public or public systems; or g. Content that violates a legal ownership interest of any other party. Any content removed from a City social media site will be maintained in accordance with the Georgia Open Records Act. 5. Content submitted for posting on a City-sanctioned social media site that is deemed unsuitable for posting by the City Manager or his/her designee because it violates criteria in the preceding item (Item 4, above) of this policy, shall be retained pursuant to the applicable records retention schedules along with a description of the reason the specific content is deemed unsuitable for posting. Where hyperlinks are used on a City-sanctioned social media site, the site shall include a disclaimer which states: “The City does not guarantee the authenticity, accuracy, appropriateness or security of the link, website, or content linked hereto.” 6. All data transmitted, received, accessed, or stored by the City of Milton network systems or a third-party vendor (cloud), remains the property of the City of Milton. The City of Milton reserves the right to access or audit this information in accordance with local, state and federal laws. Additionally, in the event an employee is no longer a City of Milton employee or doing work with the City of Milton, the City of Milton retains the ownership to all work-related data and login information that was created to perpetuate business for the City of Milton (i.e. passwords, usernames, customer lists created for City of Milton business, Twitter handles created for the City of Milton business). The employee is hereby notified that passwords and usernames are administrative identifications and do not create an expectation of privacy in the event of a routine audit, public record requests, lawsuit, and internal investigation. 7. The City Manager or his/her designee will maintain a listing of all employees authorized to post on all City social media sites. Personnel are not allowed to create City of Milton websites without approval of the City Manager or his/her designee. D. GUIDELINES FOR PERSONAL SOCIAL MEDIA SITES AND CONTENT 1. Section D, “Guidelines for Personal Social Media Sites and Content,” of this Social Networking Policy shall apply to all officials, appointed board members and employees in the performance of their official duties for or on behalf of the City of Milton unless otherwise noted. Page 4 2. Use common sense when using personal social media sites. Remember that what you write is public, may be public for a long time, and has the propensity to spread to large audiences. Personnel should refrain from posting information that they would not want their supervisor or other employees to read or that they would be embarrassed to see in the newspaper or on television. The City expects its employees to be truthful, courteous, and respectful toward supervisors, co-workers, citizens, customers, and other persons associated with the City. Personnel shall not engage in name-calling or personal attacks or other such demeaning behavior. 3. Personnel may use social media on their own time and using their own equipment, and may use social media to express their thoughts or ideas as long as they do not negatively impact the City of Milton’s policies or business. To ensure the City of Milton’s safety, operational fluidity, and public trust, the list below provides guidelines on prohibited conduct on an official’s, board member’s, or employee’s personal social media site. The list is not meant to be an exhaustive list of all prohibited conduct for personal social media use, but rather a guideline on forms of speech that are not protected under the First Amendment or allowed by the City o f Milton: o Hate speech or libelous speech as such is defined by local, state or federal law; o Sexually harassing speech as such is defined by local, state or federal law; o Statements, photographs, video or audio that reasonably could be viewed as malicious, obscene, threatening or intimidating, or that might constitute harassment or bullying. Examples of such conduct include, but are not limited to, offensive posts meant to intentionally harm someone's reputation or posts that could contribute to a hostile work environment on the basis of race, sex, disability, religion or any other status protected by law; o Obscenity prohibited by local, state or federal law; o Fighting words, extortion, and other threats prohibited by local, state or federal law; o Disclosure of private health or financial information protected by local, state or federal law; o Disclosure of other confidential information protected by local, state or federal law; o Disclosure of confidential information gained during the course and scope of employment that compromises the safety of others; o Disclosure of information obtained from emergency dispatches—such as, personal health information, financial information, or private family information received in a dispatch; o On-duty or off-duty speech that compromises City investigations and the applicable department’s mission; and o All other speech prohibited by local, state or federal law not mentioned in this list. Page 5 4. Officials and personnel (employees or appointed board members) agree to avoid persistent and unwelcome posts, pictures, audio, video or any other communication that harasses another co-worker, vendor or other third party. There is zero tolerance for any harassing communications to a co-worker, vendor or other third party based on race, sex, religion, creed, ancestry, national origin, age, disability, marital status, or other protected classification by state or federal law. Users also agree not to violate local, state or federal harassment laws. All officials and personnel (employees or appointed board members) are hereby notified they may be personally liable for social media harassment. To report violations of this provision, please refer to the City’s harassment policy which shall govern all harassing communications. 5. Officials and personnel (employees or appointed board members) are not allowed to use their personal social media sites to display any video, audio, pictures, confidential work data, writings, logos or any other communications that identify their employment with the City of Milton. 6. Where applicable, personnel are allowed to identify themselves as an employee of the City of Milton, however, if commenting on issues, but not posting online content as an approved representative of the City or on the City’s behalf, all personnel must make it clear that they are speaking for themselves, and not on behalf of the City by displaying a disclaimer that states: “This is my own opinion and not necessarily an opinion or position held by the City of Milton, the Mayor or the City Council.” City officials are expressly exempted from this provision and may identify themselves as City officials without the use of the aforementioned disclaimer. Nothing in this policy shall be construed to limit an official’s authority to engage in social media activities without needing to place any disclaimer in such posting so long as the speech is subject to First Amendment protection. 7. In no situation shall personnel insinuate that the City of Milton endorses or authorizes the employee’s personal website, blog or private social network account. Additionally, no one is to directly or indirectly suggest that the City of Milton endorses a commercial service or product. 8. Personal or business venture social media account names shall not be tied to the City. For example, CityofMiltonEmployee would not be an appropriate personal account name or “handle” for a social media account. 9. Personnel, City contract employees, and City volunteers shall not use their City email account or password in conjunction with a personal social networking site. 10. To others online, there is no clear distinction between your work life and your personal life. Always be honest and respectful in both capacities. Any violation of this policy is subject to disciplinary action up to and including termination. HOMEOF'' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 9, 2015 FROM: City Manager AGENDA ITEM: Consideration of a Resolution of the City of Milton, Georgia Waiving City of Milton Building Permit Fees for Friends of the Milton Library for the Purpose of Building a Storage Facility to House Books for Book Sales Benefiting the Milton Public Library. MEETING DATE: Monday, March 16, 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: 0 YES () NO CITY ATTORNEY REVIEW REQUIRED: x YES O NO APPROVAL BY CITY ATTORNEY P APPROVE PLACED ON AGENDA FOR: O 3 1 6 I� REMARKS D () NOT APPROVED 91* Youn __ PHONE: 678.242.25001 FAX: 678,242,2499 ag Green V *Certified*, i°pfQo infofcityofmiltonga.us I wwwx0yofmiltonga.us WILDIAR Community ;, F�qh'y;# 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. ______ A RESOLUTION OF THE CITY OF MILTON, GEORGIA WAIVING CITY OF MILTON BUILDING PERMIT FEES FOR FRIENDS OF THE MILTON LIBRARY FOR THE PURPOSE OF BUILDING A STORAGE FACILITY TO HOUSE BOOKS FOR BOOK SALES BENEFITING THE MILTON PUBLIC LIBRARY WHEREAS, pursuant to its Charter and other laws of the State of Georgia, the City of Milton, Georgia (the "City) has the power to provide for library facilities; and WHEREAS, the Georgia Constitution, Art. 9, Section 2, Paragraph 3, provides that a municipality shall have the right to provide "libraries;" WHEREAS, the Charter for the City of Milton provides that the City may provide for the "acquisition, construction, building, operation, and maintenance of.... libraries..." WHEREAS, the Charter for the City of Milton further provides that the City may "exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; [and] to exercise all implied powers necessary to carry into execution all powers granted in this Charter as fully and completely as if such powers were fully stated in this Charter....;" WHEREAS, Friends of the Milton Library (“FOML”) is a nonprofit organization established to support the Milton Public Library (the “Library”) and Library programming; and WHEREAS, FOML uses proceeds from the sales of donated books to purchase new books and other materials for the Library and to support various community efforts aimed at enhancing Library services; and WHEREAS, FOML desires to construct a building (the “Storage Facility”) dedicated to storing donated books to be sold in book sales benefiting the Library; and WHEREAS, the City Council finds that construction of the Storage Facility will directly enhance and support the Library, and therefore the delivery of same by FOML to the Library provides a direct and material benefit to the residents of the City of Milton and otherwise advances the public health, safety and general welfare; and, WHEREAS, the City Council desires to facilitate FOML’s construction of the Storage Facility to advance the public welfare - and - one way of assisting in this endeavor is to waive those City of Milton building permit fees that would otherwise be imposed. Page 2 of 2 NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF MILTON, GEORGIA that any City of Milton building permit fees that would otherwise be imposed as part of FOML's permitting related to construction of the Storage Facility shall be and are hereafter waived. This waiver of building permitting fees related to the Storage Facility shall be on a one- time basis and is not intended nor should it be construed as establishing precedent for any future waiver of fees. The City of Milton is waiving fees in this instance because the Storage Facility directly and materially advances the public health and welfare of the citizens and residents of Milton as well as the interests of the Library, and is otherwise a project for which the City of Milton would otherwise be authorized to undertake on its own. This Resolution shall be effective upon a majority vote by the City Council as rati fied by the Mayor of the City of Milton, Georgia. SO RESOLVED, the public’s health, safety, and welfare demanding it, this 16th day of March, 2015. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk N HOME OF' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 5, 2015 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Supporting an Application to the Atlanta Regional Commission for Funding of SR 372 Crabapple Road/Birmingham Highway Intersection Improvements. MEETING DATE: Monday, March 16, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: XAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (} YES IW NO CITY ATTORNEY REVIEW REQUIRED: () YES 9NO APPROVAL BY CITY ATTORNEY O APPROVED (} NOT APPROVED PLACED ON AGENDA FOR: REMARKS 03,b 1-5 K Youin PHONE: 678.242.25001 FAX: 678.242,2499 -,Green w *q.-if�d infoCcityofmiltonga.us I www.cityofmiltonga.us "ORFE Community cliv«s f 13000 Deerfield Parkway, Suite 107 j Milton GA 30004 e` To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on March 5, 2015 for the March 16, 2015 Regular Council Meeting Agenda Item: Consideration of the Approval of Resolutions Supporting Project Applications to the Atlanta Regional Commission for Funding. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The Atlanta Regional Commission (ARC) is currently accepting applications for federal funding to projects under the Surface Transportation Program – Urban (STP-Urban) and Transportation Alternatives Program (TAP) for fiscal years 2016 through 2019. The focus areas for the solicitation are: (1) new infrastructure projects that are consistent with the LCI program; (2) existing federally funded TIP projects requiring additional federal funds; (3) transportation planning or project feasibility studies; and (4) new infrastructure projects or initiatives that support PLAN 2040 Objectives and the Decision-Making Framework. The following proposed project priorities were presented at the March 2, 2015 Council Meeting: 1. Additional funds for SR 372 Crabapple Rd/ Birmingham Hwy Intersection Improvements 2. Study funding for Milton CTP Update 3. LCI funding for NE Crabapple Connector 4. TAP project for connection to Big Creek Greenway 5. STP Urban project for Bethany at Providence 6. Study funding for SR 140 (Ranchette & Green) Funding and Fiscal Impact: Funding for these projects would be budgeted starting in fiscal year 2016. The requested funding from the Atlanta Regional Commission would cover 80% of the project cost and the City would be responsible for the other 20%. Projects 1-5 are already in the Capital Improvement Plan. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Resolutions STATE OF GEORGIA COUNTY OF FULTON STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. _____ A RESOLUTION SUPPORTING AN APPLICATION TO THE ATLANTA REGIONAL COMMISSION FOR FUNDING OF SR 372 CRABAPPLE ROAD/BIRMINGHAM HIGHWAY INTERSECTION IMPROVEMENTS WHEREAS: the City of Milton and Georgia Department of Transportation (GDOT) are in the right of way acquisition phase of project FN-239 PI 0007313 SR 372 Crabapple Road/Birmingham Highway Intersection Improvements; and WHEREAS: the City of Milton and the community support this project and the project has been identified in the Milton Comprehensive Transportation Plan, Crabapple Transportation Analysis, Crabapple Visioning Study, and the Crabapple Livable Centers Initiative Study; and WHEREAS: additional funding is required to advance this project to construction; NOW, THEREFORE BE IT RESOLVED, that the Mayor and City Council of the City of Milton, does hereby approve submission of an application to the Atlanta Regional Commission for funding of Project FN-237 PI 0007313 SR 372 Crabapple Road/Birmingham Highway Intersection Improvements and will provide the required 20% match for this project should grant funds be awarded. RESOLVED this 16th day of March, 2015. _________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk I HOME OF 17HF ;FST Qv ALTY OF i_IrF I,tiIM I -LTON't ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 5, 2015 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Supporting an Application to the Atlanta Regional Commission for Funding of an Update to the Milton Comprehensive Transportation Plan. MEETING DATE: Monday, March 16, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: �APPROVED CITYATTORNEYAPPROVAL REQUIRED.- () YES CITY ATTORNEY REVIEW REQUIRED: () YES () NO T APPRO VED XNO K NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0 3 1 b ti REMARKS you PHONE: 678.242.25001 FAX: 678.242.2499 Green� *ce«dr�* T4090info@cityofm11tonga.us I www.cityofmiitonga.us WILnLIF1 Community d1,�; 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on March 5, 2015 for the March 16, 2015 Regular Council Meeting Agenda Item: Consideration of the Approval of Resolutions Supporting Project Applications to the Atlanta Regional Commission for Funding ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: The Atlanta Regional Commission (ARC) is currently accepting applications for federal funding to projects under the Surface Transportation Program – Urban (STP-Urban) and Transportation Alternatives Program (TAP) for fiscal years 2016 through 2019. The focus areas for the solicitation are: (1) new infrastructure projects that are consistent with the LCI program; (2) existing federally funded TIP projects requiring additional federal funds; (3) transportation planning or project feasibility studies; and (4) new infrastructure projects or initiatives that support PLAN 2040 Objectives and the Decision-Making Framework. The following proposed project priorities were presented at the March 2, 2015 Council Meeting: 1. Additional funds for SR 372 Crabapple Rd/ Birmingham Hwy Intersection Improvements 2. Study funding for Milton CTP Update 3. LCI funding for NE Crabapple Connector 4. TAP project for connection to Big Creek Greenway 5. STP Urban project for Bethany at Providence 6. Study funding for SR 140 (Ranchette & Green) Funding and Fiscal Impact: Funding for these projects would be budgeted starting in fiscal year 2016. The requested funding from the Atlanta Regional Commission would cover 80% of the project cost and the City would be responsible for the other 20%. Projects 1-5 are already in the Capital Improvement Plan. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Resolutions STATE OF GEORGIA COUNTY OF FULTON STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. _____ A RESOLUTION SUPPORTING AN APPLICATION TO THE ATLANTA REGIONAL COMMISSION FOR FUNDING OF AN UPDATE TO THE MILTON COMPREHENSIVE TRANSPORTATION PLAN WHEREAS: the City of Milton completed the first comprehensive transportation plan for the city in 2009; and WHEREAS: the City of Milton has made significant progress in the recommendations of the plan and is in a position to update the plan and develop new recommendations and assessments; and WHEREAS: study funding through the Atlanta Regional Commission will allow an expanded scope and deliverables for the study; NOW, THEREFORE BE IT RESOLVED, that the Mayor and City Council of the City of Milton, does hereby approve submission of an application to the Atlanta Regional Commission for funding of an update to the Milton Comprehensive Transportation Plan and will provide the required 20% match for this project should grant funds be awarded. RESOLVED this 16th day of March, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk 0 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 5, 2015 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Supporting an Application to the Atlanta Regional Commission for Funding of a Northeast Crabapple Connector Project. MEETING DATE: Monday, March 16, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: Mj APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: O YES APPROVAL BY CITY ATTORNEY O APPROVED PLACED ON AGENDA FOR: 0 '79 ) fa 1 S REMARKS () NOT APPROVED NO j NO (J NOT APPROVED M,* Y©u(M PHONE: 678.242.25001 FAX: 678,242.2499 a' J"Greena *CerldLel� °P1D0 info@cityofmiltpnga.us Of www.cityofmiffonga.us +� « community ; 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 "' =t; F.DNIE - a To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on March 5, 2015 for the March 16, 2015 Regular Council Meeting Agenda Item: Consideration of the Approval of Resolutions Supporting Project Applications to the Atlanta Regional Commission for Funding ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: The Atlanta Regional Commission (ARC) is currently accepting applications for federal funding to projects under the Surface Transportation Program – Urban (STP-Urban) and Transportation Alternatives Program (TAP) for fiscal years 2016 through 2019. The focus areas for the solicitation are: (1) new infrastructure projects that are consistent with the LCI program; (2) existing federally funded TIP projects requiring additional federal funds; (3) transportation planning or project feasibility studies; and (4) new infrastructure projects or initiatives that support PLAN 2040 Objectives and the Decision-Making Framework. The following proposed project priorities were presented at the March 2, 2015 Council Meeting: 1. Additional funds for SR 372 Crabapple Rd/ Birmingham Hwy Intersection Improvements 2. Study funding for Milton CTP Update 3. LCI funding for NE Crabapple Connector 4. TAP project for connection to Big Creek Greenway 5. STP Urban project for Bethany at Providence 6. Study funding for SR 140 (Ranchette & Green) Funding and Fiscal Impact: Funding for these projects would be budgeted starting in fiscal year 2016. The requested funding from the Atlanta Regional Commission would cover 80% of the project cost and the City would be responsible for the other 20%. Projects 1-5 are already in the Capital Improvement Plan. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Resolutions STATE OF GEORGIA COUNTY OF FULTON STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. _____ A RESOLUTION SUPPORTING AN APPLICATION TO THE ATLANTA REGIONAL COMMISSION FOR FUNDING OF A NORTHEAST CRABAPPLE CONNECTOR PROJECT WHEREAS: the City of Milton has identified a northeast Crabapple roadway connector project in the Milton Comprehensive Transportation Plan, Crabapple Transportation Analysis, Crabapple Visioning Study, Crabapple Livable Centers Initiative Study, and the project was an alternative analyzed as part of FN-237 PI 0007313 Crabapple Road/Birmingham Highway Intersection Improvements; and WHEREAS: this project meets the goals and objectives of a Livable Centers Initiative Implementation funding project; NOW, THEREFORE BE IT RESOLVED, that the Mayor and City Council of the City of Milton, does hereby approve submission of an application to the Atlanta Regional Commission for funding of a Northeast Crabapple Connector and will provide the required 20% match for this project should grant funds be awarded. RESOLVED this 16th day of March, 2015. ___________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOME OF ` F BEST QUALITY OF LIFE iN GEORGIA' ' Jv11LT0N*k . ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 5, 2015 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Supporting an Application to the Atlanta Regional Commission for Funding of a Milton Multiuse Trail Connection to Big Creek Greenway. MEETING DATE: Monday, March 16, 2015 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED (j NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES VNO CITY ATTORNEY REVIEW REQUIRED: () YES NO APPROVAL BY CITY ATTORNEY ()APPROVED O NOT APPROVED PLACED ON AGENDA FOR: d 3 S REMARKS * 4 In Youlm PHONE: 678,242.25001 FAX. 678.242.2499 -Gree6 V *Ccrrificd* fuufou info@cityofmiltonga.us I www.cityotmiitonga.us Community g—, 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a� To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on March 5, 2015 for the March 16, 2015 Regular Council Meeting Agenda Item: Consideration of the Approval of Resolutions Supporting Project Applications to the Atlanta Regional Commission for Funding ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: The Atlanta Regional Commission (ARC) is currently accepting applications for federal funding to projects under the Surface Transportation Program – Urban (STP-Urban) and Transportation Alternatives Program (TAP) for fiscal years 2016 through 2019. The focus areas for the solicitation are: (1) new infrastructure projects that are consistent with the LCI program; (2) existing federally funded TIP projects requiring additional federal funds; (3) transportation planning or project feasibility studies; and (4) new infrastructure projects or initiatives that support PLAN 2040 Objectives and the Decision-Making Framework. The following proposed project priorities were presented at the March 2, 2015 Council Meeting: 1. Additional funds for SR 372 Crabapple Rd/ Birmingham Hwy Intersection Improvements 2. Study funding for Milton CTP Update 3. LCI funding for NE Crabapple Connector 4. TAP project for connection to Big Creek Greenway 5. STP Urban project for Bethany at Providence 6. Study funding for SR 140 (Ranchette & Green) Funding and Fiscal Impact: Funding for these projects would be budgeted starting in fiscal year 2016. The requested funding from the Atlanta Regional Commission would cover 80% of the project cost and the City would be responsible for the other 20%. Projects 1-5 are already in the Capital Improvement Plan. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Resolutions STATE OF GEORGIA COUNTY OF FULTON STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. _____ A RESOLUTION SUPPORTING AN APPLICATION TO THE ATLANTA REGIONAL COMMISSION FOR FUNDING OF MILTON MULTIUSE TRAIL CONNECTION TO BIG CREEK GREENWAY WHEREAS: the City of Milton has identified a project for a multiuse trail connection to Big Creek Greenway as a part of the Milton Comprehensive Transportation Plan, Milton Trail Plan, North Fulton Comprehensive Transportation Plan, GA 9 Livable Centers Initiative Study, and North Fulton Community Improvement District Blueprint 2.0; and WHEREAS: this project meets the goals and objectives of Transportation Alternative Program funding; NOW, THEREFORE BE IT RESOLVED, that the Mayor and City Council of the City of Milton, does hereby approve submission of an application to the Atlanta Regional Commission for funding of Milton Multiuse Trail Connection to Big Creek Greenway and will provide the required 20% match for this project should grant funds be awarded. RESOLVED this 16th day of March, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOME OF ` ,E FBF ;L TY OF LIFE IN GEORGIA' MILTONIP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 5, 2015 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Supporting an Application to the Atlanta Regional Commission for Funding of Bethany Road at Providence Road Intersection Improvements. MEETING DATE: Monday, March 16, 2015 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER.' 9APPROVED () NOT APPROVED CITY A TTORNEY APPRO VAL REQUIRED: () YES R NO CITY ATTORNEY REVIEW REQUIRED: () YES kNo APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR -31 tc I REMARKS q, f You ***** PHONE: 678.242.25001 FAX: 678.242.2499 'Green zor . 1nfo@cityofmilfonga.us www.cityofmiltonga.us a'i COmmunity a,°f 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 F H.E' . a To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on March 5, 2015 for the March 16, 2015 Regular Council Meeting Agenda Item: Consideration of the Approval of Resolutions Supporting Project Applications to the Atlanta Regional Commission for Funding ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: The Atlanta Regional Commission (ARC) is currently accepting applications for federal funding to projects under the Surface Transportation Program – Urban (STP-Urban) and Transportation Alternatives Program (TAP) for fiscal years 2016 through 2019. The focus areas for the solicitation are: (1) new infrastructure projects that are consistent with the LCI program; (2) existing federally funded TIP projects requiring additional federal funds; (3) transportation planning or project feasibility studies; and (4) new infrastructure projects or initiatives that support PLAN 2040 Objectives and the Decision-Making Framework. The following proposed project priorities were presented at the March 2, 2015 Council Meeting: 1. Additional funds for SR 372 Crabapple Rd/ Birmingham Hwy Intersection Improvements 2. Study funding for Milton CTP Update 3. LCI funding for NE Crabapple Connector 4. TAP project for connection to Big Creek Greenway 5. STP Urban project for Bethany at Providence 6. Study funding for SR 140 (Ranchette & Green) Funding and Fiscal Impact: Funding for these projects would be budgeted starting in fiscal year 2016. The requested funding from the Atlanta Regional Commission would cover 80% of the project cost and the City would be responsible for the other 20%. Projects 1-5 are already in the Capital Improvement Plan. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Resolutions STATE OF GEORGIA COUNTY OF FULTON STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. _____ A RESOLUTION SUPPORTING AN APPLICATION TO THE ATLANTA REGIONAL COMMISSION FOR FUNDING OF BETHANY ROAD AT PROVIDENCE ROAD INTERSECTION IMPROVEMENTS WHEREAS: the City of Milton has identified a project for intersection improvements as a part of the Milton Comprehensive Transportation Plan; and WHEREAS: this project was started by Fulton County and has an approved Georgia Department of Transportation Concept Report and approved Categorical Exclusion Environmental Document; NOW, THEREFORE BE IT RESOLVED, that the Mayor and City Council of the City of Milton, does hereby approve submission of an application to the Atlanta Regional Commission for funding of Bethany Road at Providence Road Intersection Improvements and will provide the required 20% match for this project should grant funds be awarded. RESOLVED this 16th day of March, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk 044 HOME OF' ESTABLISH FD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 5, 2015 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Supporting an Application to the Atlanta Regional Commission for Funding of a Study of SR 140 Including the Intersections of Ranchette Road and Green Road. MEETING DATE: Monday, March 16, 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: O YES (NO CITY ATTORNEY REVIEW REQUIRED: () YES (NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: R I'm ifi� 031to1S PHONE: 678.242.2500 1 FAX: 578.242.2499 Gr@eln *Certified} i FEh;�w info@cifyvfmiltvnga.us I www.cifyafmiitonga.us u IDLER Community � 13000 Deerfield Parkway, Suite 107 J Milton GA 30004 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on March 5, 2015 for the March 16, 2015 Regular Council Meeting Agenda Item: Consideration of the Approval of Resolutions Supporting Project Applications to the Atlanta Regional Commission for Funding ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: The Atlanta Regional Commission (ARC) is currently accepting applications for federal funding to projects under the Surface Transportation Program – Urban (STP-Urban) and Transportation Alternatives Program (TAP) for fiscal years 2016 through 2019. The focus areas for the solicitation are: (1) new infrastructure projects that are consistent with the LCI program; (2) existing federally funded TIP projects requiring additional federal funds; (3) transportation planning or project feasibility studies; and (4) new infrastructure projects or initiatives that support PLAN 2040 Objectives and the Decision-Making Framework. The following proposed project priorities were presented at the March 2, 2015 Council Meeting: 1. Additional funds for SR 372 Crabapple Rd/ Birmingham Hwy Intersection Improvements 2. Study funding for Milton CTP Update 3. LCI funding for NE Crabapple Connector 4. TAP project for connection to Big Creek Greenway 5. STP Urban project for Bethany at Providence 6. Study funding for SR 140 (Ranchette & Green) Funding and Fiscal Impact: Funding for these projects would be budgeted starting in fiscal year 2016. The requested funding from the Atlanta Regional Commission would cover 80% of the project cost and the City would be responsible for the other 20%. Projects 1-5 are already in the Capital Improvement Plan. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Resolutions STATE OF GEORGIA COUNTY OF FULTON STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. _____ A RESOLUTION SUPPORTING AN APPLICATION TO THE ATLANTA REGIONAL COMMISSION FOR FUNDING OF A STUDY OF SR 140 INCLUDING THE INTERSECTIONS OF RANCHETTE ROAD AND GREEN ROAD WHEREAS: the City of Milton has identified SR 140/Arnold Mill Road and intersections on the corridor for improvement as part of the Comprehensive Transportation Plan and part of an Atlanta Regional Commission Visioning study; and WHEREAS: there is no identified funding for widening the corridor and operational improvements should be evaluated; NOW, THEREFORE BE IT RESOLVED, that the Mayor and City Council of the City of Milton, does hereby approve submission of an application to the Atlanta Regional Commission for funding of SR 140/Arnold Mill Road Corridor including the intersections of Ranchette Road and Green Road and will provide the required 20% match for this project should grant funds be awarded. RESOLVED this 16th day of March, 2015. _____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk