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HomeMy WebLinkAboutAgenda Packet CC - 11/02/2015 - City Council Agenda Packet Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, November 2, 2015 Regular Council Meeting Agenda 6:00 PM INVOCATION - Reverend Calvin Odhner, Morning Star Chapel, Milton, Georgia. CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 2 , 2015 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 15-274) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the October 5, 2015 Regular City Council Meeting Minutes. (Agenda Item No. 15-275) (Sudie Gordon, City Clerk) 2. Approval of a Construction Services Agreement between the City of Milton and Prime Contractors, Inc. for the Repair and Replacement of the Sidewalk at Thomas S. Byrd House. (Agenda Item No. 15-276) (Carter Lucas, Assistant City Manager) 3. Approval of a Construction Services Agreement between the City of Milton and Tri Scapes, Inc. for “Dinsmore Road Stormwater System Improvements”. (Agenda Item No. 15-277) (Carter Lucas, Assistant City Manager) 4. Approval of a Professional Services Agreement between the City of Milton and Smith Real Estate Services, Inc. for Crabapple Streetscape Driveway Easement Acquisition Services. (Agenda Item No. 15-278) (Carter Lucas, Assistant City Manager) 5. Approval of a Memorandum of Agreement among the North Fulton Cities of Alpharetta, Johns Creek, Milton, Roswell, and Sandy Springs for the Development of a North Fulton Comprehensive Transportation Plan. (Agenda Item No. 15-279) (Carter Lucas, Assistant City Manager) 6. Approval of a Landscape Services Agreement between the City of Milton and Tri Scapes, Inc. for the Field Maintenance at Bell Memorial Park. (Agenda Item No. 15-280) (Jim Cregge, Parks & Recreation Director) 6) REPORTS AND PRESENTATIONS MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 2 , 2015 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 1. Proclamation Recognizing World Pancreatic Cancer Day (Presented by Mayor Joe Lockwood) 2. Proclamation Recognizing Veterans Day 2015. (Presented by Councilmember Bill Lusk) 7) FIRST PRESENTATION 1. Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services within the City of Milton. (Agenda Item No. 15-281) (Michele McIntosh-Ross, Principal Planner) 2. Consideration of U15-05/VC15-05 – 13650 Bethany Road by Bethany’s Rest, Inc. - To Request a Use Permit for a Retreat (Sec. 64-1821) in AG-1 (Agricultural) on 26.65 Acres Using the Existing Structures. A Concurrent Variance to Allow the Existing Vegetation within the 100 Foot Undisturbed Buffer and 10 Foot Improvement Setback and not to Plant Additional Vegetation [Sec. 64-1821(b)(3)]. (Agenda Item No. 15-282) (Kathleen Field, Community Development Director) 8) PUBLIC HEARING 1. City of Milton 2035 Comprehensive Plan 5-Year Update Public Kick Off. (Agenda Item No. 15-283) (Michele McIntosh-Ross, Principal Planner) ALCOHOL BEVERAGE LICENSE APPLICATION PUBLIC HEARING 2. Consideration of the Issuance of an Alcohol Beverage License to Enterprises LLC, dba, Milton Shell, Located at 3105 Bethany Bend, Milton, GA 30004. (Agenda Item No. 15-284) (Stacey Inglis, Assistant City Manager) 9) ZONING AGENDA (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 2 , 2015 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 10) UNFINISHED BUSINESS 1. Consideration of the Final Service Delivery Strategy Agreement between the City of Milton, Fulton County, and All Other Municipalities in Fulton County. (Agenda Item No. 15-272) (Postponed at October 19, 2015 Regular City Council Meeting) (Ken Jarrard, City Attorney) 11) NEW BUSINESS 1. Consideration of an Intergovernmental Agreement between the City of Milton, Georgia and the City of Alpharetta, Georgia Regarding Lease and Joint Use of Municipal Court Facilities. (Agenda Item No. 15-285) (Chris Lagerbloom, City Manager) 2. Consideration of A Resolution Appointing A Member to the City of Milton Board of Zoning Appeals By Appointing A Board Member At Large. (Agenda Item No. 15-286) (Mayor Joe Lockwood) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS Department Updates 1. Police 2. Public Works 3. Parks and Recreation 4. Community Development 5. Economic Development 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 15-287) The minutes were provided electronically HOME OF T NESTAbl-ISHFD 2046 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 27, 2015 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Prime Contractors, Inc. for the Repair and Replacement of the Sidewalk at Thomas S. Byrd House. MEETING DATE: Monday, November 2, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: YAPPROVED CITY ATTORNEY APPROVAL REQUIRED. YES CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY VAPPROVED PLACED ON AGENDA FOR: b 2 t S REMARKS O NOT APPROVED () NO () NO () NOT APPROVED ® YouC — *** PHONE: 678.242.2500 1 FAX: 678.242.2499 `,Green info@cityofmiltonga.us i www.cityofmiitonga.us++ ��® Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: Submitted on October 27, 2015 for the November 2, 2015 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Prime Contractors, Inc. for the Repair and Replacement of the Sidewalk at the Thomas S. Byrd House ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: This contract is to provide for the repair and replacement of the front sidewalk at the Thomas S. Byrd House to accommodate the operations of the North Fulton Senior Center. The replacement of the sidewalk will allow the construction of a ramp at the front entrance to facilitate the use of the entrance for North Fulton Senior Service. In accordance with the City of Milton Purchasing Policy this work was procured under the Statewide ezIQC construction services contract SWC90818. Staff is recommending approval of the Professional Services Agreement with Prime Construction, Inc. in the amount of $18,161.47. Funding and Fiscal Impact: Funding for this project will come from available Community Development Block Grant (CDBG) Funds. Alternatives: None. Legal Review: Paul Higbee – Jarrard & Davis (9-14-15) Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Construction Services Agreement HOnaEOPIF Rr$iO!AIOO'LIF=.N CFDP :IA' M t, I LTON1116 ESTABLISHED 7000 CONSTRUCTION SERVICES AGREEMENT FOR Thomas S. Byrd House Sidewalk Renovations This Agreement (the "Agreement") to provide building renovations is made and entered into this _ day of , 2015, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the "City") and, Prime Contractors, Inc., a Georgia corporation with its principal place of business located at 3406 Florence Circle, Powder Springs, Georgia 30127 (hereinafter referred to as the "Contractor"). WITNESSETH: WHEREAS, O.C.G.A. 36-69A-4 allows cities to participate in cooperative purchasing agreements; and WHEREAS, the ezIQC process offers on-call facility repair and construction services under a statewide contract SWC90818; and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor 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 Iaws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1 Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement (18 Pages); B. Exhibit "A" [RESERVED]; C. Bid from Contractor dated September 9, 2015 (10 Pages), attached hereto as Exhibit "B"; D. Exhibit "C" [RESERVED]; E. Exhibit "D" [RESERVED), F. Contractor Affidavit and Agreement, attached hereto as Exhibit "E"; G. Subcontractor Affidavit, attached hereto as Exhibit "F"; H. Flans and specifications, attached hereto collectively as Exhibit "G", Final Affidavit, attached hereto as Exhibit "H", J. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties; and K. City of Milton Code of Ethics. In the event of any discrepancy among the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 2 Proiect Description The scope of this project generally consists of the demolition and reconstruction of the existing entry walk at the Thomas S. Byrd house based on the scope of work provided by the contractor in Exhibit B. Section 3 The Work The Work is specified and indicated in the Contract Documents (the "Work"). In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4 Contract Time This Contract shall take effect upon the issuance of a Notice to Proceed by the City. Contractor agrees to complete the Project within 30 calendar days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period. 2 Stenon 5 Contractor's Comnensation; Time and Method of Payment A. The total amount paid under this Agreement shall not, in any case, exceed $18,161.47 except as outlined in Section 6 below. City agrees to pay the Contractor for the work upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. This amount shall include all use, lease, or other taxes, and all expenses for personnel and equipment (including fuel) that Contractor will incur to provide the Work. Unless otherwise agreed in writing signed by both Parties, the compensation payable by the City to Contractor is limited to the price amount set forth in the Proposal Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. B. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. C. City and Contractor shall comply with the provisions of O.C.G.A. § 13-10-80. The Contractor through each invoice may request payment of no more than ninety percent (90%) of that portion of the Work completed during the term covered by such invoice until fifty percent (50°/6) of the Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City. Payment for the remaining ten percent (INN) of Work completed and covered by such invoices shall be retained by the City until Final Completion. Once fifty percent (50%) of the Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City, no additional retainage shall be withheld, except as provided below. At the discretion of the City and with the written approval of the Contractor, the retainage of each subcontractor may be released separately as the subcontractor completes his or her work. If, after discontinuing the retention, the City determines that the Work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. If retention is resumed by the City, the Contractor and subcontractors shall be entitled to resume withholding retainage accordingly. At Final Completion of the Work and as the City determines the Work to be reasonably satisfactory, the City shall, within 30 days after the invoice and other appropriate documentation as may be required by the Contract Documents are provided to the City, pay the retainage to the Contractor. If at that time there are any remaining incomplete minor items, an amount equal to 200 percent of the value of each item as determined by the City shall be withheld until such item or 3 items are completed. The reduced retainage shall be shared by the Contractor and subcontractors as their interests may appear. The Contractor shall, within ten (10) days from its receipt of retainage from the City, pass through payments to subcontractors and shall reduce each subcontractor's retainage in the same manner as the Contractor's retainage is reduced by the City; provided, however, that the value of each subcontractor's work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved change orders and other additions to the subcontract value, provided, further, that the work of the subcontractor is proceeding satisfactorily and the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the Contractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. The subcontractor shall, within ten (10) days from the subcontractor's receipt of retainage from the Contractor, pass through payments to Iower tier subcontractors and shall reduce each lower tier subcontractor's retainage in the same manner as the subcontractor's retainage is reduced by the Contractor; provided, however, that the value of each Iower tier subcontractor's work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved change orders and other additions to the subcontract value; provided, further, that the work of the Iower tier subcontractor is proceeding satisfactorily and the lower tier subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the subcontractor in his or her reasonable discretion may require, including, but not Iimited to, a payment and performance bond. Neither final payment nor any retained percentage shall become due until the Contractor submits to the City: (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or City property might be responsible or encumbered (less amounts withheld by City) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance, required by the Contract Documents to remain in force after final payment, is currently in effect and will not be canceled or allowed to expire until at least 30 calendar days prior written notice has been given to the City; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment; (5) a release or waiver of liens, claims, security interests, and encumbrances by all subcontractors and material suppliers; and (6), if required by the City, other data establishing payment or satisfaction of obligations, such as receipts, to the extent and in such form as may be designated by the City. If a subcontractor or material supplier refuses to furnish a release or waiver as required by the City, the Contractor may furnish a bond satisfactory to the City to indemnify the City against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund 4 to the City all money that the City may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees_ Acceptance of final payment by the Contractor, a subcontractor or material supplier shall constitute a waiver of claims by that payee, except those claims previously made in writing and identified by that payee as unsettled at the time of final application for payment D. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. All invoices should be submitted to the city budget and procurement coordinator, for approval. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand -delivered. E. The City may withhold payment or final payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Agreement, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. Section 6 Work Changes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. 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 5 under this Agreement in excess of $50,000, must be approved by resolution of the Milton City Council. Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary Iimitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. E. City's Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that; therefore, the City bears no responsibility for Contractor's services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness 6 of Contractor's professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative Branson Washington shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. I. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. 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 7 and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any Iimitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contractor's expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, Iicenses, or approvals to the City of Milton Representative within ten (10) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors 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 parties hereto. The Contractor 8 agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor 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 Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including Ioss 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 Ioss of use resulting there from. (c) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liabili1y and Automobile Liability Covera e. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; iJ premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, 10 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 7(I) of this Agreement. (5) Acceptability of insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) CIaims-Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) Cily 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. L. EmnIovment of Unauthorized Aliens Prohibited E -Verify Affidavits It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical 11 performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "E" and "F'' (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 CTEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "E", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the 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 "F", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13- 10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her 12 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-I0-91.] 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. M. Records Rel2orts and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time 13 records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. O. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. 14 Q. 1RESrRVED1 R. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. S. Ownership of Work All reports, designs, drawings, plans, specification, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor C'materials') shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. T. Meetings The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract. Section 8 Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment in order for Contractor to complete the Work. B. 'City's Representative 15 Robert Buscemi shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative Section 9 Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor. Section 10 Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third -parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section S herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section (A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. I6 E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11 MisceIIaneous A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or 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 CITY shall be sent to: City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Prime Contractors, Inc., 3406 FIorence Circle, Powder Springs, Georgia 17 U11F*J F. 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. G. Force Maieure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or Iabor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. 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 I in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] 18 SIGNED. SEALED, AND DELIVERED In the presence of Witness (Corate SeCritar should attest) Nancy Dunn Print Name Notary Public [NOTARY SEAL] My Commis ion Expires: Qh I w S SIGNED. SEALED.AND DELIVERED, In the presence o€: Witness Notary Public [NOTARY SEAL] My Commission Ex ire : Prime C ct rs, Inc. Signature James 4nn Print Name President Title [AFFIX CORPORATE SEAL] 4�`'- �{END�- Tom•. m�yy�R�s G qoR�,�LA a PU'K 1p o' MILTON CITY COUNCIL: Joe Lockwood, Mayor 19 [CITY SEAL] EXHIBIT "A" [RESERVED] v0 EXHIBIT "B" SID FROM CONTRACTOR 21 GOR D IAN m1or Work Order Signature Document NJPA EZ1QC Contract No.: Copy of GA04-062911-PC] FINew Work Order ❑ Modify an Existing Work Order Work Order Number. 030964.00 Work Order Date 09/09/2015 Work Order Title: City of Milton - Hopewell Rd. Community Center Sidewalk Owner Name: City of Milton Contractor Name- Prime Contractors, Inc Contact: Carter Lucas Contact: Branson Washington Phone: 678-242-2626 Phone- (770)920-8688 Work to be Performed Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of NJPA EZ10C Contract No Copy of GA04-062911-PCI. Brief Work Order Description: Time of Performance See Schedule Section of the Detailed Scope of Work Uquidated Damages Will apply: ❑ Will not apply. 191 Work Order Firm Fixed Price: $18,161.47 Owner Purchase Order Number. Approvals 1812015 Owner Date Contras` r James Dunn, President Date Work Order Sipnature Document Pape t of 7 ez1QC - NJPA - GA 9/912015 GOR D IAN Detailed Scope of Work MIDE: To: Branson Washington From: Carter Lucas Prime Contractors, Inc. City of Milton 3406 Florence Circle 13000 DEERFIELD PKWY Powder Springs, GA 30127 Milton, GA 30004 (770)920-8688 678-242-2626 Date Printed: September 09, 2015 Work Order Number. 030964.00 Work Order Title: City of Milton - Hopewell Rd. Community Center Sidewalk Brief Scope: 0 Preliminary FIRevised EX Final The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. Please see attached DSOW (Detailed Scope of Work). 7a- - - z-- ozed "Q� 09/18/2015 Contractor mes Dunn, President Date Owner Date Scope of Ab* Page 1 of 1 ezJQC - NJPA - GA 919/2015 Contractor's Price Proposal - Summary Date: September 09, 2015 IQC Master Contract #: Copy of GA04-062911-PCI Work Order Number: 030964.00 Owner PO #: Work Order Title: City of Milton - Hopewell Rd. Community Center Sidewalk Contractor: Prime Contractors, Inc. Proposal Name: City of Milton - Hopewell Rd. Community Center Sidewalk Proposal Value: $18,161.47 01 - General Requirements $8,267.35 02 - Site Work $2,263.64 03 - Concrete $4,997.55 04 - Masonry $434.68 05 - Metals $621.89 31 - Earthwork $1,526.80 32 - Exterior Improvements $49.56 Proposal Total $18,161.47 This total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding. Contractor's Price Proposal - Summary Page 4 of 1 CZIQC - NJPA - GA 9/912015 Contractor's Price Proposal - Detail Date: September 09, 2015 IQC Master Contract #: Copy of GA04-06291 i -PCI Work Order Number: 030964.00 Owner PO #: Work Order Title: City of Milton - Hopewell Rd. Community Center Sidewalk Contractor: Prime Contractors, Inc, Proposal Name: City of Milton - Hopewell Rd, Community Center Sidewalk Proposal Value: $18,161.47 Sect. Item Modifer UOM Description Line Total Labor Equip. Material (Excluded If marked with an X) 1 01 22 23 00 0232 WK 1,500 LB Capacity, 60" Wide, Skid -Steer Loader (Bobcat) With Full -Time $2,470.23 Operator Quantity Unit Price Factor Total installation 1.00 x 2,164.02 x 1.1415 - 2,470.23 2 01 22 23 00 0241 WK Hydraulic Hammer Attachment For Skid -Steer Loaders $488.14 Quantity Unit Price Factor Total Installation 1.00 x 427.63 x 1.1415 ' 488.14 3 01 22 23 00 0343 WK 2009# Mini -Excavator Wilk Full -Time Operator, Bobcat 316 $2.37302 Quantity Unit Price Factor Total Installation 1.00 x 2,a7956 x 1.1415 - 2,373.82 4 01 71 13 00 0002 EA Equipment Delivery, Pickup, Mobilization And Demobilization Using A Rollback $342.45 Flatbed TtuckNote, For equipment such as trenchers, skid -steer loaders (bobcats), industrial warehouse forklifts, sweepers, scissor platform lifts, telescoping and articulating boom manlift with up to 40' boom lengths, eta Ouantity Unit Price Factor Total Installation 2.00 x 150 00 x 1.1415 - 342.45 5 01 74 19 00 0015 EA 40 CY Dumpster (5 Ton) "Construction Debris"Nate: includes delivery of $2,53029 dumpster, rental cost pick-up cast, hauling, and disposal fee. Nan -hazardous material Quantity Unit Price Factor Total Installation 4.00 x 554.16 x 1.1415 - 2,530.29 S 01 95 06 00 0002 EA Brackets For Hand Ras $62.42 quantity Unit Price Factor Total X installation A.00 x 9.16 x 1.1415 ' 41.82 X Demolition 4.00 x 4.51 x 1.1415 = 20.69 labor to remove only NO materials Subtotal for 01 - General Requirements $8,267.35 02 - Site Work 7 02 41 13 13 0031 SY Break -Up And Remove > 3" To 6" Thick Concrete With Reinforcing Rod. $1,48458 Quantity Unit Price Factor Total Installation 95.00 x 13.69 x 1,1416 a 1,484.66 8 02 41 16 13 0026 CF Demo Stone Building Foundation $82.87 Quantity Unit Price Factor Total Installation 20.00 x 3.83 x 1.1415 - 8287 stone veneer on front walk Contractor's Price Proposal - Detail Page 1 of 4 ezlQC - NJPA - GA 919!2015 Contractor's Price Proposal - Detail Continues.. Work Order Number: 030964.00 Work Order Title: City of Milton - Hopewell Rd, Community Center Sidewalk Proposal Names City of Milton - Hopewell Rd, Community Center Sidewalk Proposal Value-. $18,161.47 SeeL Item Modifer UOM Description Line Total Labor Equip. Material lExcluded If marked with an X) 9 02 41 19 13 0006 LF Saw Cul Mesh Reinforced Concrete Slab Up To 4" (10 cm) Depth $399.53 Quantity Unh Price Factor Total Installation 200.00 x 1,75 x 1.1415 - 399.52 along asphalt parking lot and at building and control joints 10 02 41 19 16 0034 CF Brick, Block or Composite Removal $16341 Quantity Unit Price Factor Total Installation 35.00 x 409 x 1.1415 - 163.41 brick curbs 11 02 90 50 00 0373 ROL Visqueen 6 mil $13325 Quantity Unit Price Factor 'total Installation 1.00 x 116.73 x 1,1415 13325 vaporbanier Subtotal for 02 - Site Work $2,263.64 12 03 11 13 CO 0009 LF Up To 6" High Slab Edge and Block-Oul Wood Formwork $897,80 Quantity Unit Price Factor Total Installation 250.00 x 227 x 1.1415 - 647.80 13 03 11 13 000009 0003 For Curved Formwork, Add $219.74 Quantity Unit Price Factor Total Installation 250.00 x 077 X11415 219,74 14 03 15 16 00 0013 LF 11V x 6" Premolded Fell Asphalt Expansion Joint. In Stabs Or Walls 573.06 Quantity Unit Price Factor Total Installation 50.00 x 1.28 x 1.1415 - 73.06 15 03 21 11 00 0002 TON Grade 40 Reinforcing Steel, Footings And Slabs x346 $96589 Quantity Unit Price Factor Total Installation 050 x 1692.31 x 1.1415 a 965,89 250'151.668 16 03 21 11 00 0025 E4 Straight Dowels, 112" Diameter x 24" Long (13 mm Diameter x 61 cm Long) $40.82 Deformed Quantity Unit Price Factor Total Installation 24,00 x 1.49 x 1.141S - 4082 17 03 21 11 00 0025 0024 IN For Installation In Fadsting Concrete, Horizontal, Add Par Inch Of Depth $282.18 (Note: Includes Drilling Hate into Concrete And Grout) Quantity Unit Price Factor Total Installation 240.00 x 1.03 x 1.1415 282.18 18 03 22 13 00 0003 SF 6 x 6 x 06, 30 x1CSF, Welded Wire Reinforcement In Slabs, (W 2,0 x W 2 0) 5201.36 Quantity Unit Price Factor Total Installation 315.00 x 0.56 x 1.1415 = 201.36 Contractor's Price Proposal - Detail - Page 2 of 4 ezlQC - NJPA - GA 9/9/2015 Contractor's Price Proposal - Detail Continues.. Work Order Number: 030964.00 Work Order Title: City of Milton - Hopewell Rd. Community Center Sidewalk Proposal Name- City of Milton - Hopewell Rd. Community Center Sidewalk Proposal Value. $18161.47 Sect. Item Modifer UOM Description Line Total Labor Equip. Material (Excluded If marked with an X) PIMP 19 03 31 13 00 0026 CY Up To 6, By Direct Chute. Place 3000 PSI Concrete Slab On Grade $1,980.91 Quantity Quantity Unit Price Factor Total 16,58 X 1.1415 - Instillation 16.00 x 10846 x 1.1415 - 1,98091 $153.42 Quantity 850sgfLx 5127 Factor Total Installation 6.00 x 22.40 x 20 03 31 13 00 0025 0043 For Quantities Up To 20, Add $9095 Quantity Unit Price Factor Total Installation 16.00 x 498 x 1.1415 - 9095 Z1 03 35 16 00 0003 SF Concrete Floor Finishes, Broom $494,84 Quantity Unit Price Factor Total installation 850.00 x 051 x 1.1415 - 494.84 Subtotal for 03 - Concrete $4,997.55 22 04 41 00 00 0003 SF 6" (15 cm) Thick Ashlar Veneer, Random Size, Square Cut Rough Stone 5434.66 Quantity Unit Price Factor Total Installation 2000 x 19.04 x 1.1415 ` 434.68 Subtotal for 04 - Masonry $434.68 W5 = Metals 23 05 73 00 00 0002 LF Steel Ornamental Handrail Vertical Square gars At 6", Shaped Top Rall $621,89 Quantity Unit Price Factor Total X Installation 2000 x 21,83 x 11415 - 498.38 X Demolitlan 2000 x 5.41 x 1 1415 = 12351 Labor only, NO material Subtotal for 05 - Metals $621.89 31- Earthwork, 24 31 05 13 00 0004 CY Native Soil/Dirt - Common $605.63 Quantity Unit Price Factor Total Installation 32.00 x 16,58 X 1.1415 - 605.63 25 31 05 16 00 0007 CY 057 Stone Aggregate Ful (94 To 1-) $153.42 Quantity Unit Price Factor Total Installation 6.00 x 22.40 x 1.1415 - 153.42 850x.17!27 26 31 05 16 00 0007 0050 For Quantities Up To 10 (Up To 6 M3), Add $4274 Quantity Unit Price Factor Total Intal 011 600 x 6.24 x 1 1415 - 4274 27 31 05 16 00 0026 CY Aggregate PlacementNote Includes Spreading, Grad ng, Compaction Rolling $131.23 Quantity Unit Price Factor Total Installation 600 x 19,16 x 1.1415 - 131.23 Contractors Price Proposal - Detail ez1QC - NJPA - GA Page 3 of 4 9/912015 Contractor's Price Proposal - Detail Continues.. Work Order Number. 030964 00 Work Order Title: City of Milton - Hopewell Rd. Community Center Sidewalk Proposal Name: City of Milton - Hopewell Rd. Community Center Sidewalk Proposal Value: $18,161.47 Sect Item Modifier UCM Description Una Total Labor Equip. Material (Excluded If marked with an X) 28 31 23 16 13 0007 CY Excavation for Trenching by Hand In Soil Incudes Stockpiling Excess $290.93 Materials and Trimming Sides and Bottom of Trench Quantity Unit Price Factor Total Installation 700 x 3E 41 x 1.1415 290.93 29 31 23 16 13 0014 CY Compaction of Fill or Subbase for Trenches by Hand $208.39 Quantity Unit Price Factor Total Installation 16.00 x 11.41 x 1.1415 20839 30 31 23 16 36 0017 CY BackYlAng Around Budding Foundations And Other Strictures By Bobcat $53.94 Quantity Unit Price Factor Total I nslallallon 2500 x 1.89 x 1.1415 5394 31 31 23 16 35 0017 0016 For Quantifies a 20 To So (a 15 To 38 M3), Add $40,52 Quantity Unit Price Factor Total Installation 2500 x 142 x 1-1415 a 4052 Subtotal for 31 - Earthwork $1,526.80 32 32 91 13 16 0018 BALE Wheat Straw MulchNole: Covers 350 SF forming a uniform mat through which $23.24 20 to 40% of the original ground surface can be seen. Quantity Unit Price Factor Total Installation 4.00 x 509 x 1.1415 - 23.24 33 32 92 19 13 0018 MSF Shade Mix, Hydro Or Air SeedingNole 6N1MSF spread rate Mixture of red $26.32 fescue, creeping red fescue, perennial rye and bluegrass. Quantity Unit Price Factor Total Installation 0.50 x 4612 x 1.1415 - 26.32 Subtotal for 32 - Exterior Improvements $49.56 Proposal Total $18,161.47 This total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total Is due to rounding. Subcontractor Listing Page 4 of 4 ezlQC - NJPA - GA 9/9/2015 Client -City of Milton Detailed Scope of Work Print Date: September 09, 2015 Work Order Number. 030984.00 Work Order Title: City of Milton - Hopewell Rd. Community Center Sidewalk Contractor: Copy of GA04-062911-PCI - rime Contractors, Inc. Brief Scope: To: Branson Washington Prime Contractors, Inc. 3406 Florence Circle Powder Springs, GA 30127 (770)920-8688 G OR D IAN HIDE From: Carter Lucas City of Milton 13000 DEERFIELD PKWY Milton, GA 30004 678-242-2626 The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. Detailed Scope: Please see attached DSOW (Detailed Scope of Work). Owner Date 09/18/2015 Contractor ames Dunn, Pr6sident Date Detailed Scope of Wolk Pape 1 of I e71QC - NJPA - GA 9/9/2015 City Of Milton Hopewell Rd. Community Center Lucas Carter -Public Works Director 750 Hickory Fiats Rd. Milton, Georgia 30004 Summary Scope (Sept. 08, 2015) This project consists of Removing existing concrete sidewalks and concrete pad, and brick gutter. All materials and labor needed to complete job: 1) Demo existing concrete sidewalk, in front of house and up to end of asphalt parking lot and haul off 2) Demo existing concrete pad in front of House and haul off 3) Demo brick curb and repour concrete curb where brick curb was demo'd 4) Repour new concrete sidewalks and concrete pad in front of house 5) At concrete pad reuse removed rock on side if possible 6) Install expansion joints and control joints in front of house and sidewalk 7) Seed and straw disturbed area Drawings and Specifications NA Detailed Scope of Work The Contractor shall perform all work as described above: Details that Apply to All Work Areas Contractor shall utilize the latest issue of the NJPA Specifications for all work. All measurements and quantities supplied in this scope of work are approximate in nature and are supplied as a convenience for the contractor. The contractor is responsible for field verification of all measurements and quantities. Contractor shall verify all new and existing conditions and dimensions at job site. Parking will be made available for the Contractor by the Owner and the Contractor shall coordinate all parking with the Owner prior to beginning work. Contractor is responsible for protection of all surfaces including those not in the scope of work from construction dust, debris or damage during construction up until final acceptance. The methods of protection including plastic, paper, sealing doors or windows, etc. Submittals Contractor shall submit a proposed list of subcontractors and a schedule showing a proposed duration of construction with the price proposal package. Project Schedule All work shall be completed during normal working hours 8:00am — 5:00 pm. All work should take between 1 week Contractor shall submit a detailed construction schedule with proposal package. Clarifications Owner will arrange for access to areas to be repaired Located at concrete pad at front of house, when demo, may have to relook at demo and prep, because don't know what's under slab Davis Bacon Wages will be used and Certified payroll Owner Responsibilities Provide unlimited and uninhibited access to the worksite during normal working hours. No security escorts or tool Inventories are required. Permitting: At the time of issuance of a Purchase Order for this Work, It is understood that permits are not required for this Work. If this changes, the Contractor will be responsible for obtaining such applicable permits and the DNR will be responsible for compensating the Contractor for permit fees and any design necessary to obtain such permits or related approvals as described In the EZIQC master contract documents (i.e. permit fees are dollar for dollar reimbursable and professional design and engineering fees are paid for at hourly rates published in the Construction Task Catalog). EXHIBIT "C" RESERVED 23 EXHIBIT "D" f RESERVEDI 2-4 EXHIBIT "E" 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. § I3-10-91. 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: 50880 eVerify Number 08/20/2007 Date of Authorization Prime Contractors, Inc. Name of Contractor Thongs S. Byrd House Sidewalk Renovations Name of Project City ofAilton Name of Public Employer '+QgsQp A HEI`rp`� RES `Z GEORGIA m DEC. 1, 2015 s o �42Nu p �r0'4`06 2S I hereby declare under penalty of rjury that the foregoing is true and correct. Powder Springs Executed on Ses 2015 in (city), GA — Signal a of Authorized Officer or Agent James Dunn, President Printed Name and Title of Authorized Officer or Agent SUBSCRIBE A 'D SWORN BEFORE ME ON T IS E AY OF ,201 R� ;TA:RYZPUBLI (NOTARY SEALI My Cosion Expire m ' O c - STATE OF GEORGIA frTY OF MILTON By executiog chis all-rdavft, the ttnderatgaed sabcotaiMCW yerfftes its cotnpifenea with O.C.G.A. 113-10-91, stating affittaatively that the Individual, firm or corporation which is eegaged in the physical performance Ofservices under a contract with Pd= Contractors, I= on behalf of the City of Milton bas registered with, is authorized to use and uses the federal work autborfntlon program commonly brown as E -Verify, or any subsiqueol replacement pragraat, in accordance with the appliceNe provisions and deadlines established in O.C.G.A. 4 13-.I"1. Furthermore, the uadersigeed subcontractor will continue to use the fedatal work aatlwrization program tluaughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in sadsbcdon of such contract only with sub-subcantrectors who present en affidavit to the subcontractor with the lnformation requited by O.C.G.A. 113-10.91(b). Additionally, the andetsigned subcontractor will forward notice of the receipt of an amdavit from a sub.subcantrttaor to the contractor within five (5) business days of rocelpt. If the tmdersiped sabcontmetor receives notice that a sub-subConnactar has received an drWavh from tory other contracted sub.subcaatrastor, the wtdcuigned subcontractor must farwwd, within five (5) business days ofreceipt, a copy ofthe notice to the contractor. Subcontractor hereby attests that its kderal work authorization user Idctrti =doa number and date of autharimtion are as folk JPAR0129 eVeritj►Number 09/25/2015 Dam ofAuthorimtion on Service Name ofSubcoatractar Name of Project ChvofMilton Name of Public Employer b4+4Tr "T,OIA/jy I.YAlAE$ ! GEORWA a Q C 2n1S "•*err �as10 1 hereby declare trader penalty of perjury that the foregoiog Is true and correct. ted. osUl-�in ii. (city}, P 5 Tf- Authorized OfRCW or Age�tt Printed Name and Titie of Authorized Officer or Agent SUBSCRIBED AND §VRN BEFORE ME OF T195 TH£AY OF Oi 6ILr - NOTARY PUBLIC i[[w•-� [NOTARY SEAL] My Commission Expf =.- EXHIBIT "G" PLANS AND SPECIFICATIONS This Section is Deleted. Refer to Exhibit B for the Scope of Work EXHIBIT "H" FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA I, , hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by Prime Contractors, Inc. or any of its subcontractors in connection with the construction of the Thomas S. Byrd House Sidewalk Renovations for the City have been paid and satisfied in full as of and that there are no outstanding obligations or claims of any kind for the payment of which the City on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. Signature Title Personally appeared before me this day of , 20 , who under oath deposes and says that he is of the firm of that he has read the above statement and that to the best of his knowledge and belief same is an exact true statement. Notary Public [NOTARY SEAL] My Commission Expires HOME OF' ESTABL1S[[ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 22, 2015 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Tri Scapes, Inc. for "Dinsmore Road Stormwater System Improvements". MEETING DATE: Monday, November 2, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: j YES (} NO CITY ATTORNEY REVIEW REQUIRED. YES (} NO APPROVAL BY CITY ATTORNEY (APPROVED O NOT APPROVED PLACED ON AGENDA FOR: l O Z I E; - REMARKS REMARKS 1].*yoamb PHONE: 678.242.25001 FAX: 678.242.2499 Green v *certified* fapt00 c , of info4cityofmilfonga.us i www.clfyofmiltonga.us +^�� Community 13000 Deerfield Parkway, Suite 107 1 Milton: GA 30004 To: Honorable Mayor and City Council Members From: James Seeba, Stormwater Engineer, Public Works Department Date: Submitted on October 19, 2015 for the November 2, 2015 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Tri Scapes, Inc. for “Dinsmore Road Stormwater System Improvements”. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This project generally consists of the road shoulder and drainage improvements along a segment of Dinsmore Road. The existing road shoulder is graded in such a way, that drainage is blocked and causes stormwater runoff to drain onto and through neighboring properties. Correcting this problem will allow drainage to flow into existing stormwater structures and provide protection for the affected properties. In accordance with the city procurement procedures bids were solicited from 3 contractors in order to secure a qualified contractor to complete this project. Tri Scapes, Inc. was determined to be the lowest reliable bidder. Staff is recommending approval of a Construction Services Agreement with TriScapes, Inc. in the amount of $8,950.00. Table 1. Bid Summary Firm Bid Tri Scapes, Inc. $8,950.00 Blount Construction, Inc. $16,400.00 Strickland Construction, Inc. No Bid Funding and Fiscal Impact: Funding for this project is available in the Public Works Stormwater Maintenance budget in the Public Works Department. Alternatives: There are no alternatives to this project. Legal Review: Jarrard & Davis, LLP – Paul Higbee, July 30, 2015 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Construction Services Agreement -10MEOF'- iF B�- •.r•:r -ri if ..F° r•:.,:.,R IA' M I LTO N '* iSTARi.1511E6 7 CONSTRUCTION SERVICES AGREEMENT FOR DINSMORE ROAD STORMWATER SYSTEM IMPROVEMENTS This Agreement (the "Agreement") to provide sidewalk improvements is made and entered into this _ day of , 2015, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the "City"), Tri Scapes, INC. (hereinafter referred to as the "Contractor") having its principal place of business at 380 Mullinax Road, Alpharetta, Georgia 30004. WITNESSETH: WHEREAS, the City issued an Invitation to Bid for the Dinsmore Road Stormwater System Improvements; and WHEREAS, based upon Contractor's bid to complete these drainage improvement, as required by the bid documents, the City has selected Contractor as the winning bidder, and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section I Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement (IS Pages); B. Invitation to Bid ITB (7 Pages), attached hereto as Exhibit "A"; Section 5 Contractor's Compensation; Time and Method of Payment A. The total amount paid under this Agreement shall not, in any case, exceed $8,950.00 except as outlined in Section 5 below. City agrees to pay the Contractor for the work upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. This amount shall include all use, lease, or other taxes, and all expenses for personnel and equipment (including fuel) that Contractor will incur to provide the Work. Unless otherwise agreed in writing signed by both Parties, the compensation payable by the City to Contractor is limited to the price amount set forth in the Proposal Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. B. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-356. C. City and Contractor shall comply with the provisions of O.C.G.A. § 13-10-80. The Contractor through each invoice may request payment of no more than ninety percent (90%) of that portion of the Work completed during the term covered by such invoice until fifty percent (50%) of the Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City. Payment for the remaining ten percent (10%) of Work completed and covered by such invoices shall be retained by the City until Final Completion. Once fifty percent (50%) of the Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City, no additional retainage shall be withheld, except as provided below. At the discretion of the City and with the written approval of the Contractor, the retainage of each subcontractor may be released separately as the subcontractor completes his or her work. If, after discontinuing the retention, the City determines that the Work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. If retention is resumed by the City, the Contractor and subcontractors shall be entitled to resume withholding retainage accordingly. At Final Completion of the Work and as the City determines the Work to be reasonably satisfactory, the City shall, within 30 days after the invoice and other appropriate documentation as may be required by the Contract Documents are provided to the City, pay the retainage to the Contractor. If at that time there are any remaining incomplete minor items, an amount equal to 200 percent of the value of each item as determined by the City shall be withheld until such item or items are completed. The reduced retainage shall be shared by the Contractor and subcontractors as their interests may appear. The Contractor shall, within ten (10) days from its receipt of retainage from the City, pass through payments to subcontractors and shall reduce each subcontractor's retainage in the same manner as the Contractor's retainage is reduced by the City; provided, however, that the value of each subcontractor's work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved change orders and other additions to the subcontract value, provided, further, that the work of the subcontractor is proceeding satisfactorily and the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the Contractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. The subcontractor shall, within ten (10) days from the subcontractor's receipt of retainage from the Contractor, pass through payments to lower tier subcontractors and shall reduce each lower tier subcontractor's retainage in the same manner as the subcontractor's retainage is reduced by the Contractor; provided, however, that the value of each lower tier subcontractor's work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved change orders and other additions to the subcontract value; provided, further, that the work of the lower tier subcontractor is proceeding satisfactorily and the lower tier subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the subcontractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. Neither final payment nor any retained percentage shall become due until the Contractor submits to the City: (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or City property might be responsible or encumbered (less amounts withheld by City) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance, required by the Contract Documents to remain in force after final payment, is currently in effect and will not be canceled or allowed to expire until at least 30 calendar days prior written notice has been given to the City; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment; (5) a release or waiver of liens, claims, security interests, and encumbrances by all subcontractors and material suppliers; and (6), if required by the City, other data establishing payment or satisfaction of obligations, such as receipts, to the extent and in such form as may be designated by the City. If a subcontractor or material supplier refuses to furnish a release or waiver as required by the City, the Contractor may furnish a bond satisfactory to the City to indemnify the City against such lien. If 4 such lien remains unsatisfied after payments are made, the Contractor shall refund to the City all money that the City may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. Acceptance of final payment by the Contractor, a subcontractor or material supplier shall constitute a waiver of claims by that payee, except those claims previously made in writing and identified by that payee as unsettled at the time of final application for payment as long as the gross value of the completed work is less than 50% of the total contract amount and/or when satisfactory progress has not been achieved by the Contractor during any period for which payment is to be made, the City may retain a percentage of said payment, not to exceed ten percent (10%) of the maximum Contract Price to ensure performance of the Agreement. Said cause and progress shall be determined by the City, in its sole discretion, based on its assessment of any past performance of the Contractor and likelihood that such performance will continue. Upon completion of all contract requirements, retained amounts shall be paid promptly less any offsets or deductions authorized hereunder or by law. D. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. All invoices should be submitted to Honor Motes (Budget and Procurement Coordinator), for approval. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand -delivered. E. The City may withhold payment or final payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Agreement, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. Section 6 Work Chan es A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. 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 $5,000, must be approved by resolution of the Milton City Council. Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project, C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. 2 E. City's Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that; therefore, the City bears no responsibility for Contractor's services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative Ryan Hogan shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. ResyonsibiIity of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from 7 and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. 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 Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that 0 Contractor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contractor's expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors 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 parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor 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 Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting 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 Contractor's errors, omissions, 9 or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. 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 10 losses arising from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (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 7(I) of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is 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. L. Employment of Unauthorized Aliens Prohibited E -Verify Affidavits It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "E" and "F" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "E", 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 12 subcontractor(s) attestation of the subcontractor's compliance with G.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "P, which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. if a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13- 10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to Q.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 D.C.G.A_ § 13-10-91.1 500 or more employees. 100 or more employees. X Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to D.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 13 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. M. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. O. Confidentiality 14 Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information_ The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. Q. Key Personnel All of the individuals identified in Exhibit "1" [NEED TO ADD IF USED} are necessary for the successful prosecution of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor's Project Manager or members of the project team, as listed in Exhibit "J", without written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City's decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor's obligations under this Agreement and shall be grounds for termination. Contractor shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the City. Contractor shall be solely responsible for any such subcontractors in terms of performance and compensation. R. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. 15 S. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. T. Meetings The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract. Section 8 Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment along the right-of-way, in order for Contractor to complete the Work. B. City's Representative Jim Seeba shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative Section 9 Warran 16 Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor. Section 10 Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third -parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section (A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section ll Miscellaneous 17 A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or 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 CITY shall be sent to: City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Mr. Quinn Martin, Tri Scapes, Inc., 1595 Peachtree Parkway, Suite 204-396, Cumming, Georgia, 30041. F. 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 18 faith or official immunities. G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. /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. § 5102, 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 I in every subcontract for services contemplated under this Agreement. During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest also agrees as follows: 1. Compliance with Regulations The Consultant shall comply with the Regulations relative to nondiscrimination in federally -assisted programs of the Department of Transportation (hereinafter referred to as DOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination The Consultant, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in M discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the Consultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, or national origin. 4. Information and Reports The Consultant shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the (Recipient) or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the (Recipient), or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the (Recipient) shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Consultant under the contract until the Consultant complies; and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions The Consultant shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant shall take such action with respect to any subcontractor or procurement as the (Recipient) or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the (Recipient) enter into such litigation to protect the interests of the state and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. 20 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON OLL WY G PAG SIGN ALE AND DELIVERED nh pr a ce of: Witness (Corporate Secretary should attest) Quinn Martin Pri t Naive i+r Notaryi0, [NM r S Y Q _M; • v� .r �► r LL! M C ion a �� �9• _SIGNED, SEALED, AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: TrScape In . Sig ure Rebecca Martin Print Name President1CF0 Title [AFFIX CORPORATE SEAL] MILTON CITY COUNCIL: Joe Lockwood, Mayor 21 [CITY SEAL] EXHIBIT "A" REQUEST FOR BID Dinsmore Road j Stormwater System Improvements I� (3105 DUE August 8, 2015 BY 1:00 PEN General D ri tion of Pro ect Sco e: Contractor to bid on the following scope. Contractor is required to Visit the s to prior to subrnithng bid to confirm scope Contractor is responsible for utility locates and coordination of all work. .,i work to be within City of Milton Right-ef-Way Performance bonds and payment bonds are NOT required For this project Tha general scope of work will consist Of clearing, grading the marl shoulder, improving a drainage ditchlberm on approximately 300 linear four of road shoulder on the north side of Dinsmore Road in Milton, Georgia. Specifically, the scope shall consist of flrc fnllnwing: 1. Clear veyelation of road shoulder frorn the oxislrng drop iniel zastword appraximafely 300 linear feel 2. R",j ide existing ditchlberm so fhaf the ditch has a minimum of f a triches of freeboard. 3. provide ditch qrade at t.5% mrnrrnurn grade. q Re -shape the general area surrounding the drop rnlef so thatposifive drainage to the box is provided in all directions. 5 Smooth grades. afid resod (Sermuda) any disturbed landscaped area. E•. Provide approprnato erosion and sediment control measures during construction. The undersEgned, as bidder, declares and represents that it has examined the site of the work and informed I-imselflherself fully in regard to all conditions pertaining to the place where the work is to be performed. including hose conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder Is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding docurnent. The bidder proposes and agrees that if this bid is accepted to contract with the City of Milton to provide all construction labor, materials. equipment. products, transportation, and other facilities and services as necessary andlor required to execute and complete the work in full in accordance with the scope of work provided to the full satisfaction of the city fHE BASE 610 IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUAILL) AND WHICH WILL BE USED TO DETERMINE f H F f OWFST RESPONSIBLE BIDDER The base bid may not be withdrawn or modified, except at the request of the city, for a period of sixty (60) days following receipt of the bids The City of Milton reserves the right to modify the scope of this project at anytime. Appropriate corn pp. nSa:ion for scope changes will be based on a negohaled fee Base Bid Arnaur:t {Dollar Amount in Numbers) (Company Name) (Signature) (Printed Name) 1.0 General Conditions a) One lane of traffic shall be open at all times. Lane closures shall be restricted to the hours of 9 am to 4 pm b) Construction activity within 1000 feet on an occupied residence will be allowed Mon.-rri. between the hours of 7:30 AM and 7'30 PM and Sat. between a 30 AM and 500 PM Construct€on activity more than 1000 feet from an occupied residence will be allowed Mon - rri between the hours of 7 00 AM and 10.00 PM and Sat. between the hours of 8.30 AM and 6'00 PM c) Contractor must nolify the City of Milton (67a) 242-2500, twenty -lour (24) hours prior to beginning construction d) Burial of construction materials is not permitted within the City of Milton All construction materials and debris within the work area shall be properly disposed of by the contractor. a) The contractor is responsible for any damaged property which occurs as a result of this project. The contractor shall replace any damaged property at his own expense. f) Unless otherwise stated, the City shall provide all necessary perrrnts and easements associated with this project prior to issuance of the Notice to Proceed 2.0 Materials, Equipment and Employees al The contractor shall, unless otherwise specified, supply and pay for all labor, transportation, materials. tools, apparatus, lights. power, fuel. sanitary facilities and incidentals necessary for the completion of his work. and shall install, maintain and remove all equipment of the construction, other utensils or things, and be responsible for the safe. proper and lawful construction maintenance and use of same, and shall construct in the best and most workmanlike manner, a complete job and everything incidental thereto, as shown on the plans, stated in the specifications, or reasonably implied there from, all in accordance With the contract documents. b) All matenals shall be new and of quality specified, except where reclaimed material is authorized herein and approved for use Workmanship shall at all times be of a grade accepted as the best practice of the particular trade involved, and as stipulated in written standards of recognized organizations or institutes of the respective trades except as exceeded or qualified by the specifications c) No changes shall be made in the Work except upon written approval and change order of the city. d) Products are geTtefaily specified by ASTM or other reference standard and/or by manufacturer's name and model number or trade name When specified only by reference standard, the ContraCtef may select any product meeting this standard, by any manufacturer. When several products or manufacturers are specified as being equally acceptable, the Contractor has the option of using any product and manufacturer combination listed lfowever, the contractor shall be aware that the cited examples are used only to denote the quality standard of product desired and that they do not restrict bidders to a specific brand, make, manufacturer of specific name; that they are used only to set forth and convey to bidders the general style, type, character and quality of product desired, and that equivalent products will be acceptable. Substitution of materia€s, items or equipment of equal or equivalent design shall be submitted to the architect or engineer for approval or disapproval; such approval or disapproval shall be made by the architect or engineer prior to the opening of bids. e) If at any time during the construction and completion of the work covered by these contract documents, the conduct of any workman of the various crafts is adjudged a nuisance to the Owner or if any workman be considered detrimental to the work, the Contractor shall order such parties removed ifT3,nediately Froin the site. fl The contractor shall designate a tofemanlsuperinlendcnt who shall direct the work Page 2 of 4 3-0 Erosion and Sediment Control a) The contractor will provide. suitable erosion and sediment control measures so as to prevent sediment from leaving the site Maintenance of erosion and sediment control measures is Toquired at all times The contractor shall have certified erosion and sediment control personnel on site at all times Ail NPDES, GSWGC and City of Milton guidelines should be followed b) All erosion acid sediment control work shall be performed in accordance with the standards provided in the Georgia Manual for Erosion and Sediment Gontral in Georgia, latest edition- c) Provide double row of Type C silt fence alortg the down slope side of all disturbed areas All barriers shall be in place prior to any land disturbing activities. d) Silt fences and hay bale barriers shall be cleaned or replaced and maintained in functional condition until permanent erosion control measures are astahlished All silt fences and other temporary measures will be removed by the contractorldeveloper when the site is stable. e) silt fence fabric, shall be comprised of Ga. Department of Iranspartation qualified products Section 111. lype "C", for silt fence fabric. I ype `A" sill fence fabric and construction may be allowed with prior written approval from the land development In SI r'.claf f) Temporary vegetation andlor heavy mulch will be used to stabilize areas In no case shall a site be left bare for more than fourteen (14) days g) No clearing beyond the limits of disturbance shown on the approved pians shall be allowed without approval h) Provide matting, temporary and pyc rtnanent seeding or all slope faces i] Provide a minimum of % inch of mulching, temporary and permanent seeding of all other disturbed areas. 4.0 Earthwork a) The area within the typical grading section shall be cleared of all trees. brush, stumps, logs, grass roots. vegetable matter, poles, stubs- rubbish, refuse dumps, sawdust piles, and all other matter resting on or protruding through the ortginal ground surface or appearing or being placed on the area within the typical grading section before final acceptance of work b) All depressions below the ground surface containing water shall be drained. unsuitable material removed and filled with suitable material and compacted to the ground surface before the embankment proper is begun Any area deemed jurisdictional under federal. state or local regulations shall obtain required approvals or permits prior to any land disturbing aCtivibes in those areas. c) Sub -grade preparation shall W in accordance with GOOT specifications and these regulations d] If any seetiuns of the sub -grade are composed of topsoil- organic, or other unsuitable or unstable material, such material shall be removed and replaced with suitable material and then thoroughly compacted as Specified for fill or stabilized with stone OF a yea -textile or gee grid. e) Fill shall be placed in uniform, horteonl:al layers not more than 8" thick. (inose measurement) Moisture content shall be adjusted as necessary to compact material to 95% maximum laboratory dry density as determined by AASHTO method T-99 f) After the earthwork has been completed, all storm drainage. water. and sanitary sewer utilities have been installed within the right-ol-way as appropriate, and the backfill in all such ditr:hes thotariyhiy compacted, the sub grade shall be brought to the tines, grades, and typical roadway section shown on the plans g] provisions shall tie made by the contractor to ensure adequate drainage and prevent possible damage to the work area Page 3 of 4 5.0 Utilities n) The Contractor shall be required to coordinate and manage any and all utility locates andlor relocations within the scope of this project 6.0 Performance a) All work performed shall be in accordance City of Milton Construction Standards. The contractor will adhere to all current State and Federal construction safety regulations, including OSHA regulations. The contractor will conform to Mi1TCD and the State of Georgia ❑epartment of Transportation standards for traffic control. T he Contractor must maintain a safe work zone for their employees, pedestrians, and vehicular transportation All work Shall be inspected and approved by the City of Milton Department of Public Works (M0PW) 7.0 Safety Requirements a) The Contractor shall he responsible for the entire site and the construction of the same and provide all the necessary protections as required by laws or ordinances governing such conditions and as required by the Owner or Designer. He shall be responsible for any damage to the Owner's property or that of others on the job, by himself, his personnel or his subcontractors, and shall make good such damages He shall he responsible for and pay far any claims against the Owner arising from such damages b) The Contractor shall provide_ all necessary safety measures for the protection of all persons on the work Contractor shall clearly mark or post signs warning of hazards existing, and shall barricade excavations and similar hazards He shall protect against damage or injury resulting from failing materials and he shall maintain all protective devices and signs throughout the progress of the work 8.0 Wetlands and Stream Buffers a) No work shall be permitted Within any designated wetland or stream buffer area without prior approval of the City of Milton. Wetland areas and Stream buffers shall be designated by the City of Milton prior to the issuance of a notices to Proceed 9.0 Codes, Permits and Inspections a) The Contractor shall obtain the required permits. �f required, give all notices, and comply with all laws. ordinances, codes, rules and regulations bearing on the conduct of the work under this contract If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Designer in writing If the Contractor performs any work knowing it to be contrary to such laws. ordinances, codes, rules and regulations, and without such notice to the Owner, he shall bear ail cost arising there from 10.0 Clean tip a) The Contractor shall keep the sites and surrounding area reasonably free from rubbish at all times and shall remove debris from the site from time to time or when directed to do so by the Owner. Before final inspection and acceptance of the project, the Contractor shall thoroughly clean the sites, and completely prepare the project and site for use by the Owner - 11. a wner. 11.❑ Schedule a) Project shall start within 1 week of notice to proceed and be. completed in satisfactory manner. as deemed by MDPW, within 2 weeks from date of award, with final inspection scheduled within 3 weeks from the date of award. 12.0 DetailtDrawings )See Attached) Page A of A LOCATION MAP PROJECT LIMITS No Text EXHIBIT "B" SID FROM CONTRACTOR Dinsmore Road Stormwater System Improvements __!IDS DUE August 8, 2.015 8Y I -GO PM General Descrilipti of Pro-ect Scope: Contractor to bid on the following scope Contractor is required to visit the site prim to auUrtiitlirig bid to confirm scope Contractor is responsible for utility locates and coordination of aft work. An work to be within City of Milton Right -of -Way. Performance bonds and payment bonds are NOT required for this project The general scope of work will CO nsist of cleenng, grading the marl shoulder, improving a drainage drtchlberm on approximately Sao finsar feet of load shoulder on the north side of Dinsmore Poad in Milton. Georgia. spociffcapy, the scope shall consist of the follawrng. t. Gfear Vegetation of road siiuutdei from the existing drop inlet eastward approximately 300 linear feet 2- Re -grade existing ditchrberm so fhaf the ditch has a minimuni of 16 inches of freeboard - 3 Provide ditch grade at 1.5% miriinrtinr grade 4. Ke -shape the general area surrounding the drop inlet so drat posilive drainage to the box is provided in all directions 5. Smooth guides. and re -sora fAermuda) any disturbed landscaped area. S. Provide appropriate erosion and sediment control measures during construction. The undersigned, as bidder, dWare5 and represents that it has examined the site of the work and informed himselflherself fully in regard to all conditions pertaining to the place where the work is to be porfosmed, including those cond iti ono ofe rti ng tho cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the $adding Document and has satisfied himself/herself that the Ridding Document is an adequate and ar eptahle refteclicn ❑f the work winch is i[.-yuiwti to Uv peifurrneu and that the biddf:r is willing and able to peaurrri all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this Uictding document, The bidder proposes and agrees that If this bid Is accepted to contract -lith the City of Milton to provide all construction labor. materials. equipment, products, transportation, and Mher facilities and services as necessary andior required to execute and complete the work in full in accordance with the scope of work provided to the full satisfaction of the Uily. THE SASE a I D IS IHE AMOUNI UPON VilfilCH 1 H E 6VUER WILL OF FORMALLY EVALUATEL) AND VvHIGH WILL FSE I ISFD TO DETERMINE THE LOWEST RESPONS113LE BIDDER. The baae hid may not be withdrawn or modified. except at the request of the city, for a period of sixty (50) days following receipt of the bids. The CitV of Milton reserves the right to modify the scope of this project at any time - Appropriate compensation for scope changes will be based on a negotiated fee - Base Bid Amount $ $8, 950.00 (Dollar Amount In Nurnbersy Tri Stapes,, Inc - +lathe yy - - EXHIBIT "C" BONDS Not required for this project EXHIBIT "D" NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER STATE OF GEORGIA CITY OF MILTON Rebecca Martin , being first duly sworn, deposes and says that: (I)sHe is President (Owner, Partner, Officer, Representative, or Agent) of Tri Scapes, Inc. (the "Proposer") that has submitted the attached Proposal; (2) He is fully informed respecting their preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; (3) Such Proposal is genuine and is not a collusive of sham Proposal; (4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Proposer, firm or person to submit a collusive or sham Proposal in connection with the Contract for which the attached Proposal has been submitted to or refrain from proposing in connection with such Contract, or has in any collusion or communication or conference with any other Proposer, firm or person to fix the price or prices in the attached Proposal or of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Proposal are fair an proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. /"l Proposer has not 0�rectljy or indirectly violated O.C.G.A. § 35-91-21(d). Signature of Authorized Officer or Agent Rebecca Martin, PresidentlCF0 Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN TO BEFORE ME THIS 30th DAY OF September, 20 15 Not is �� ti�*�'rJSa�IQ�j��ii meg,.• My Commission Expires ►� �op SEAL) =4 Date tt► L �aAy';: .o. _ t'1111110, S>i3�►��� 42 EXHIBIT "E" 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: 123689 eVerify Number 06/02/08 Date of Authorization Tri Scapes, Inc. Name of Contractor Dinsmore Road Stormwater System Improvements Name of Project City of Milton Name of Public Employer 43 1 hereby declare under penalty of perjury that the foreg true and correct. Cumming Exe ted Sept 3 Q 201 i ( }, (s te) TI—Zr Signa of Authorized officer or Agent Rebecca Martin, President1CF'0 Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 3 OthDAY OF September ,201 5. NOTA -RV" ,R S [V,. • 'W A. 1p� Z d.�► My Comm$�"���y ® CERTIFICATE OF LIABILITY INSURANCE DATE [MMfD1XYYYY] 10/2/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain Policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER PointeNorth Insurance Group, LLCM PO Box 724728 Atlanta GA 31139 TACT NA ie FergusonE: g n NA Ext: (770) 858-7540 FAX No; I770y85s-7545 E-MAIL ADDRESS: gp uson a£er @ ointenorthins.com INSURERS AFFORDING COVERAGE NAIC # INSURER A As sociation Casualty Insurance A- 35629 INSURED Tri Scapes, Inc. QR Martin 1595 Peachtree Pkwy #204-396 Cumming GA 30041 INSURER B.Columbia National Insurance Co A- 19640 INSURER C$rid afield Casualy Insurance Co. A 10335 INSURERD: INSURER E IINSURER F: COVFRAnFS CERTIFICATE NUMBER:CLi562539673 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. City of Milton TYPE OF MSURANCE ADDL SUBR POLICY NUMREft POLICY EFF MMIDWYYYY POLICY EXP MWDDIYYYY LIMITS $ COMMERCIAL GENERAL UABILITY EACH OCCURRENCE $ 1,000,000 rA CLAIMS -MADE ❑X OCCURA A D 300,000 PREMISES Ea occurrence $ MED EXP [Any one person] $ 10,000 X Y CHPGAOGOCI03106 12/1/2014 12/1/2015 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY jC07 F71-00 PRODUCTS - COMPIOP AGG S 2,000,000 5 OTHER AUTOMOBILE LIABILITY C Eaa aacci"ccideDnt SINGLE LIMIT 1 , 000 , o00 BODILY INJURY (Perperson) $ a X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X Y CaPGA0000030032 12/1/2014 12/1/2015 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident NON -OWNED HIRED AUTOSAUTOS 9002 $ X UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 B EXCESS LIAR CLAIMS -MADE DEO R RETENTION$ 10,000 $ 1 ICUPGA25024 12/1/2014 12/1/2015 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN X PER OTH- STATUTE ER ANY PROPRIETC RIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 C OFFICERWEMDER EXCLUDED? ❑ (Mandatory in NHI NIA y 196-39249 7/1/2015 7/1/2016 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below INLAND MALRINE CHPGAODOCIO3106 12/1/2014 12/1/2915 LEASEDIRENTED 35,000 A INSTALLATION FLOATER 100,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS VEHICLES ;ACORD 195, Addltlanal Remarks Schedule, may be attached if more space is required) Dinsmore Road Stormwater System Improvements r'FRTIFICATr HoLnER CANCELLATION ,7im.Seeba@cityofmiltonga.0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Milton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 13000 Deerfield Parkway, ACCORDANCE WITH THE POLICY PROVISIONS. Suite 107F AUTHORIZED REPRESENTATIVE Milton, GA 30004 William Skeeles/FN2��-�'b ACORD 25 (2014141) 1 NSO25 f 70 aryl � ®1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 'Blanket Waiver of Subrogation Applies* This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Date Prepared: July 7, 2015 Carrier: Bridgefield Casualty Insurance Company Effective date of Endorsement: July 1, 2015 Policy Number: 195-39249 Countersigned by: Insured: Tri Scapes, Inc. WC 00 43 13 (Ed. 4-84) "Includes copyright material of the National Council on Compensation Insurance, Inc. used with its permission. Copyright 1984 NCCI" CG -501 (2-13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY PREMIER SUPPLEMENT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL_ LIABILITY COVERAGE PART The following supplemental coverages apply only to contractor classifications covered by this policy: SECTION II —WHO IS AN INSURED The following paragraph is added: 8. Any person or organization whore you have agreed in writing in a contract or agreement, prior to a loss, that such person or organization be added as an additional insured, but only with respect to liability for "bodily injury" or "property damage" caused, in whale or in part, by "your work' for the additional insured and included in the "products -completed operations hazard". With respect to the insurance afforded to these additional insureds, the insurance provided is primary insurance and we will not seek contribution from any other insurance available to the additional insured as long as you and the additional insured have agreed in writing in a contract or agreement executed prior to a loss that such person or organization be added as an additional insured on a primary non-contributory basis. CG -501 (2-13) Page 1 of 1 CG -500 (7-13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY PREMIER ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FART SECTION I - COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Paragraph (2) is replaced under 2. Exclusions, g. Aircraft, Auto Or Watercraft by the following: (2) A watercraft you do not own that is: (a) 50 feet or less; and (b) Not being used to carry persons or property for a charge; Paragraph (4) is replaced under 2. Exclusions, j- Damage To Property by the following: (4) Personal property in the care, custody or control of the insured. However, coverage for personal property in the care, custody or control of the insured will be covered up to $10,004 per "occurrence" subject to a $1,000 per claim deductible. The aggregate limit for this coverage is $20,400. The following paragraph is added to 2. Exclusions, j. Damage To Property: This exclusion does not apply to "property damage" arising out of water damage to premises that are both rented to and occupied by you. The most we will pay for water damage to the premises, however, is $25,000. This amount shall not be in addition to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. The following is added to 2. Exclusions, n. Recall Of Products, Work Or Impaired Property: This exclusion does not apply to "product recall expenses" that you incur for the "covered recall" of your product". However, the following additional exclusions apply to "product recall expense": (1) Failure of any products to accomplish their intended purpose; (2) Breach of warranties of fitness, quality, durability or performance; (3) Loss of customer approval, or any cost incurred to regain customer approval; (4) Redistribution or replacement of "your product" which has been recalled by like products or substitutes; (5) Caprice or whim of the insured; (6) A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance; (7) Asbestos, including loss, damage or clean-up resulting from asbestos or asbestos containing materials; (8) Recall of "your products" that have no known or suspected defect solely because a known or suspected defect in another of "your products" has been found; (9) "Bodily injury" or "property damage"; (10) Any actual or alleged violation of any copyright, patent, trade dress, trademark, trade name; trade secrets, or any other intellectual property right laws; or (11) "Product recall expenses" you incur for "your products" which are excluded from any other insurance written by this company. The most we will pay for "product recall expense" arising out of the same defect or deficiency is $25,000 per occurrence. CG -500 (7-13) Page 1 of 8 CG -500 (7-13) The last paragraph under 2. Exclusions is replaced by the fol"ng: With respect to the premises while rented to you or temporarily occupied by you with permission of the owner, Exclusions c., d., e., g., h., j., k., I., m., and n. do not apply to "property damage". A separate limit of insurance applies to this coverage as described in Section III - Limits Of Insurance. SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B The following is revised: 1.b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 1.d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. SECTION II -WHO IS AN INSURED Paragraph 3. is replaced by the following: 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is n❑ nth er similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 18Cv' day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization; d. "Product recall expense" does not apply to "product recall expenses" arising out of any withdrawal or recall that occurred before you acquired or formed any organization; and G. If you are engaged in the business of construction of dwellings three stories or less in height, or other buildings three stories or less in height and less than 25,000 square feet in area, you will also be an insured with respect to "your work" only, for the period of time described above, for your liability arising out of the conduct of any partnership or joint venture of which you are or were a member, even if that partnership or joint venture is not shown as a Named Insured. But, this provision only applies if you maintain or maintained an interest of at least 50 percent in that partnership or joint venture for the period of that relationship. This provision does not apply to any partnership or joint venture that has been dissolved or otherwise ceased to function for more than 35 months. This coverage extension will be excess over any other coverage, on any basis, available to the insured, and will be subject to the Other Insurance provisions of this policy for Excess Insurance. The following paragraphs are added: 4. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the perfon-nance of your ongoing operations for the additional insured. CG -500 (7-13) Page 2 of 8 CG,500 (7-13) However. the insurance afforded to such additional insured: a. Orly applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. b. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to the insurance afforded to these additional insureds the following is added to Section ill - Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance; a. Required by the contract or agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance show in the Declarations. 5_ Any person(s) or organization(s) (referred to below as vendor) but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. However: a. The insurance afforded to such vendor only applies to the extent permitted by law; and b. If coverage provided to the vendor is required by a contract by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. CG -500 (7-13) Rage 3 of 8 CG -504 (7-13) With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vender; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f3) demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Sub -paragraphs (4) or (G); or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. With respect to the insurance afforded to these additional insureds the following is added to Section III- Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance; a. Required by the contract or agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance show in the Declarations. 6. Any persons) or organizations) from whom you lease equipment when you and such persons) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organizatiorn(s) be added as an additional insured on your policy. Such persons) or organization(s) is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whale or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG -500 (7-13) Page 4 of 8 CG -505 (7-13) A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. With respect to the insurance afforded to these additional insureds the following is added to Section III- Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance; a. Required by the contract or agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance show in the Declarations. 7. Any persons) or organization(s) but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of any person or organization. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds the following is added to Section III - Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance; a. Required by the contract or agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance show in the Declarations. SECTION III - LIMITS OF INSURANCE The following paragraphs are replaced by the following: 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" and "product recall expense". 6. Subject to 5_ above, the Damage To Premises Rented To You Limit of $300,000 is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to S. above, the most. we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person is $10,000. CG -500 (7-13) Page 5 of 8 CG -500 (7-13) Coverage is amended to include the following: Designated Location General Aggregate Limit For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A (SECTION I), and for all medical expenses caused by accidents under Coverage C (SE=CTION 1), which can be attributed only to operations at a single designated "location": a. A separate Designated Location General Aggregate Limit applies to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. This Designated Location General Aggregate Limit will apply, however, only when a written contract exists requiring the General Aggregate Limit to apply per "location". b. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under Coverage C regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits". c. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated "location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated "location". d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A (SECTION I), and for all medical expenses caused by accidents under Coverage C (SECTION 1), which cannot be attributed only to operations at a single designated "location": a. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Designated Location General Aggregate Limit. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not the General Aggregate Limit nor the Designated Location General Aggregate Limit. For the purposes of Designated Location General Aggregate Limit, the Definitions Section is amended by the addition of the following definition: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only be a street, roadway, waterway or right-of-way of a railroad. The provisions of Limits Of Insurance not otherwise modified shall continue to apply as stipulated. Designated Construction Project General Aggregate Lirnit For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A (SECTION I), and for all medical expenses caused by accidents under Coverage C ( SECTION 1), which can be attributed only to ongoing operations at a single designated construction project: a. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. This Designated Construction Project General Aggregate Limit will apply, however, only when a written contract exists requiring the General Aggregate Limit to apply per designated construction project. CG -500 (7-13) Page 6 of 8 CG -500 (7-13) b. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under Coverage C regardless of the number of: (1 ) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits". c. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project. d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A (SECTION 1), and for all medical expenses caused by accidents under Coverage C (SECTION 1), which cannot be attributed only to ongoing operations at a single designated construction project: a. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. If the applicable designated construction project has been abandoned, delayed. or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. The provisions of Limits Of Insurance not otherwise modified shall continue to apply as stipulated. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS The following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit: You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "pfoduct recall expenses": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance; (3) As often as may be reasonably required, permit us to inspect "your product" and examine your books and records to prove the loss. Also permit us to take damaged and undamaged samples of "Your product" for inspection, testing, and analysis, and let us make copies of your books and records. (4) Send us a signed, sworn, proof of loss containing the information we requested to settle the claim. You must do this within BC days after our request. We will supply you with the necessary forms; and (5) Permit us to examine under oath, away from the presence of other insureds, at such times as may reasonably be required, -about any matter, relating to this insurance or your claim, including any insured's books and records in the event of an examination. An insured's answers must be signed. CG -500 (7-13) Page 7 of 8 CG -500 (7-13) (6) Cooperate with us in the investigation or settlement of the claim. Coverage is amended to include the following: Unintentional Failure to Disclose All Hazards Based on our reliance on your representations as to existing hazards, if you unintentionally should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. Liberalization If we revise this Coverage Part to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. Transfer of Rights of Recovery Against Others to Us We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver, however, applies only when required to waive such right of recovery by written contract with that person or organization. Knowledge Of Occurrence, Claim, Suit Or Loss The requirements for reporting and sending claim or "suit" information to us, including provisions related to the subsequent investigation of such claims or "suits," do not apply until after the "occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An "executive officer" or insurance manager, if you are a corporation; (4) Your members, managers or insurance manager, if you are a limited liability company; or (5) Your elected or appointed officials, trustees, board members, or your insurance manager if you are an organization other than a partnership, joint venture, or limited liability company. SECTION V — DEFINITIONS The following are added to SECTION V — DEFINITIONS: "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has resulted or will result in "bodily injury" or "property damage". "Product recall expense" means necessary and reasonable expenses for a. Communications, including radio or television announcements or printed advertisements including stationery, envelopes and postage; b- Shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; c. Remuneration paid to your regular "employees" for necessary overtime; d- Hiring additional persons other than your regular "employees"; e. Expenses incurred by "employees" including transportation and accommodations; f. Expense to ren Iadditionai warehouse or storage space; g- Disposal of "your product", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or "property damage" as a result of such disposal; you incur exclusively for the purpose of recalling "your product'; and h. Transportation expenses incurred to replace recalled products. CG -500 (7-13) Page 8 of 8 CA -500 (7-09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO PREMIER ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. COVERED AUTOS SECTION I — COVERED AUTOS, Paragraph C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos is amended by adding the following: If Physical Damage Coverage is provided under this Coverage form for an "auto" you own, the Physical Damage coverages provided for that owned "auto" are extended to any "auto' you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" you own that is out of service because of its breakdown, repair, servicing, "loss", or destruction. B. LIABILITY COVERAGES SECTION II — LIABILITY COVERAGE in Paragraph A. Coverage, 1. Who Is An Insured is amended to include the following: d. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. e. Any organization that is acquired or formed by you, during the term of this policy and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (1) That is a joint venture or partnership, (2) That is an "insured" under any other policy, (3) That has exhausted its Limit of Insurance under any other policy, or (4) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an accident that occurred before you formed or acquired the organization. E Any employee of yours while acting in the course of your business or your personal affairs while using a covered "auto" you do not own, hire or borrow. CA -500 (7-09) Page 1 of 7 CA -500 (7-09) g. Any person or organization whom you are required to add as an additional insured on this policy under a written contract or agreement; but the written contract or agreement must be: (1) Currently in effect or becoming effective during the term of this policy; and (2) Executed prior to the "bodily injury" or "property damage". The additional insured status will apply only with respect to your liability for "bodily injury" or "property damage" which may be imputed to that person(s) or organization(s) directly arising out of the ownership, maintenance or use of the covered "autos" at the locations(s) designated, if any. Coverage provided by this endorsement will not exceed the limits of liability required by the written contract or written agreement even if the limits of liability stated in the policy exceed those limits. This endorsement shall not increase the limits stated in Section II. C. Limit of Insurance. For any covered "auto" you own, this Coverage Form provides primary coverage. SECTION H — LIABILITY COVERAGE in Paragraph A. Coverage, 2. Coverage Extensions, a. Supplementary Payments is amended to replace the following: (2) We will pay up to $2,500 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) We will pay all reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day, because of time off from work. SECTION II — LIABILITY COVERAGE in Paragraph B. Exclusions, 6. Care, Custody Or Control is amended by adding the following: This Care, Custody Or Control exclusion does not apply to property not owned by any "insured", subject to the following: The most we will pay under this exception for any one "accident" is $1,000; and b. A deductible of $500 per "accident" applies to this exception. C. PHYSICAL DAMAGE COVERAGES SECTION III — PHYSICAL DAMAGE COVERAGE Coverage is amended as follows: Paragraph 2. Towing under A. Coverage is replaced with: 2. Towing and Labor We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto' classified and rated as a private passenger type, "light truck" or "medium truck" is disabled. CA -500 (7-09) Page 2 of 7 CA -500 (7-09) (a) For private passenger type vehicles or "light trucks", we will pay up to $75 per disablement. "Light trucks" have a gross vehicle weight (GVW) of 10,000 pounds or less. (b) For "medium trucks", we will pay up to $150 per disablement. "Medium trucks" have a gross vehicle weight (GVW) of 10,001 lbs. to 20,000 pounds. However, the labor must be performed at the place of disablement. Paragraph 4. Coverage Extensions, a. Transportation Expenses under A. Coverage is amended to provide the following limits: We will pay up to $50 per day to a maximum of $1,540. All other terms and provisions of this section remain applicable. The following is added to 4. Coverage Extensions: C. Theft Recovery Expense If you have purchased Comprehensive Coverage on an "auto" that is stolen, we will pay the expense of returning that stolen auto to you. The limit for this coverage extension is $5,000. & Rental Reimbursement We will provide Rental Reimbursement and Additional Expense coverage only for those Physical Damage coverages for which a premium is shown in the Declarations or schedule pages. Coverage applies only to a covered "auto" of the private passenger or light truck (10,000 lbs. or less gross vehicle weight) type for which Physical Damage coverages apply. (1) We will pay for auto rental expense and the expense incurred by you because of "loss" to remove and transfer your materials and equipment from a covered "auto" to a covered "auto". Payment applies in addition to the otherwise applicable coverage you have on a covered "auto". No deductible applies to this coverage. (2) We will pay only for expenses incurred during the policy period and beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you, or (b) 30 days. CA -500 (7-09) Page 3 of 7 CA -500 (7-09) (3) Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or (b) $35 per day. (c) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. (d) If "loss" results from the total theft of a covered "auto" of the private passenger or light truck type, we will pay under this coverage only that amount of your rental reimbursement expense which is not already provided for under the SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses. e. Personal Effects If you have purchased Comprehensive Coverage on this policy for an "auto' you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for Personal Effects stolen with the "auto". The insurance provided under this provision is excess over any other collectible insurance. For this coverage extension, Personal Effects means tangible property that is worn or carried by an "insured". Personal Effects does not include tools, jewelry, guns, musical instruments, money or securities. f. Audio, Visual and Data Electronic Equipment Coverage We will pay for "loss" to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in a covered "auto" at the time of the "loss" or the equipment is removable from a housing unit which is permanently installed in a covered "auto' at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto". (1) We will pay with respect to a covered "auto" for "loss" to any accessories used with the electronic equipment described above. However, this does not include tapes, records or discs. (2) In addition to the exclusions that apply to Physical Damage Coverage, with exception of the exclusion relating to audio, visual and data electronic equipment, the following exclusion applies: We will not pay for any electronic equipment or accessories used with such electronic equipment that are: (a) Necessary for the normal operation of the covered "auto" for the monitoring of the covered "auto's" operating system; or CA -500 (7-09) Page 4 of 7 CA -500 (7-09) (b) Both: An integral part of the same unit housing any sound reproducing equipment designed solely for the reproducing of sound if the sound reproducing equipment is permanently installed in the covered "auto"; and Permanently installed in the opening of the dash or console normally used by the manufacturer for the installation of a radio. (3) With respect to this coverage, the most we will pay for all "loss" of audio, visual or data electronic equipment and any accessories used with this equipment as a result of any one "accident" is the lesser of: (a)The actual cash value of the damaged or stolen property as of the time of the "loss"; (b) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or $1,000; minus a deductible of $100. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of loss. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. If there is other coverage provided for audio, visual and data electronic equipment, the coverage provided herein is excess over any other collectible insurance. Paragraph 3. under B. Exclusions is amended by adding the following language: If you have purchased Comprehensive or Collision Coverage under this policy, this exclusion does not apply to mechanical breakdown relating to the accidental discharge of an air bag. This coverage applies only to a covered auto you own and is excess of any other collectible insurance or warranty. No deductible applies to this coverage. Paragraph C. Limit of Insurance is amended by adding the following language: 4. In the event of a total "loss" to a covered "auto" shown in the Schedule pages, subject at the time of the "loss" to a loan or lease, we will pay any unpaid amount due on the lease or loan for a covered "auto' less: a. The amount paid under the Physical damage Coverage Section of the policy; and b. Any: (1) Overdue lease 1 loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; CA -500 (7-09) Page 5 of 7 CA -500 (7-09) (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. Paragraph D. Deductible is amended by adding the following: Any deductible shown in the Declarations as applicable to the covered "auto" will not apply to glass breakage if the damaged glass is repaired, rather than replaced. D. CONDITIONS SECTION IV — BUSINESS AUTO CONDITIONS, Subsection A., Loss Conditions Coverage is amended as follows: The following is added to paragraph 2. Duties In The Event of Accident, Suit or Loss: d. Knowledge of any "accident", "claim", "suit" or "loss" will be deemed knowledge by you when notice of such "accident", "claim", "suit" or "loss" has been received by: (1) You, if you are an individual; (2) Any partner or insurance manager if you are a partnership (3) An executive officer or insurance manager, if you are a corporation; (4) Your members, managers or insurance manager, if you are a limited liability company; or (5) Your officials, trustees, board members or insurance manager, if you are a not-for- profit organization. The following language is added to 5. Transfer of Rights of Recovery Against Others to Us: However, we waive any rights of recovery we may have against the person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is afforded under the policy to which this endorsement is attached. This provision does not apply unless the written contract or written agreement has been executed, or permit has been issued, prior to the "bodily injury" or "property damage". SECTION IV — BUSINESS AUTO CONDITIONS, Subsection B. General Conditions Coverage is amended as follows: The following is added to 2. Concealment Misrepresentation or Fraud: Your unintentional error is disclosing or failing to disclose any material fact existing at the effective date of this Coverage Form, or during the policy period in connection with any additional hazards, will not prejudice your rights under this Coverage Form. CA -500 (7-09) Page 6 of 7 CA -500 (7-09) Paragraph 5.b. of 5. Other Insurance is replaced by the following: b. (1 ) For "Comprehensive" and "Collision" Auto Physical Damage provided by this endorsement, the following are deemed to be covered "autos" you own: (a) Any covered "auto" you lease, hire, rent or borrow; and (b) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". (2) Limit of Insurance For This Section The most we will pay for any one "loss" is the lesser of the following: (a) $50,000 per accident, or (b) actual cash value at the time of loss, or (c) cost of repair. minus a $500 deductible. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total loss. No deductible applies to "loss" caused by fire or lightning. (3) This Hired Auto Physical Damage coverage is excess over any other collectible insurance. (4) Definitions For This Section (a) Comprehensive Coverage: from any cause except the covered "auto's" collision with another object or the covered "auto's" overturn. We will pay glass breakage, "loss" caused by hitting a bird or animal and "loss" caused by failing objects or missiles. (b) Collision Coverage: caused by the covered "auto's" collision with another object or by the covered "auto's" overturn. E. DEFINITIONS SECTION V — DEFINITIONS, Paragraph C. is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person including death resulting from any of these. The definition of "bodily injury" is amended to include mental anguish resulting from any bodily injury, sickness or disease sustained by a person. CA -500 (7-09) Page 7 of 7 HOME OF' - �E F !AFITY OF " . : EORGIA'Nk M I LTO ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 22, 2015 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Smith Real Estate Services, Inc. for Crabapple Streetscape Driveway Easement Acquisition Services. MEETING DATE: Monday, November 2, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: kAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES O NO CITY ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY CITY ATTORNEY x APPROVED () NOT APPROVED PLACED ON AGENDA FOR: h O z 1 S REMARKS 9110You(m ® *** PHONE: 678.242.2500 1 FAX: 678.242.2499 Green 'I" CommunityE�h„g Info@cityofmiltongams www.cltyofmlltonga.us 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 October 27, 2015 for the November 2, 2015 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Smith Real Estate Services, Inc. for Crabapple Streetscape Driveway Easement Acquisition Services ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: This agreement is to provide easement acquisition services for the Crabapple Streetscape project. The City has right of way plans approved by Georgia Department of Transportation. In accordance with the City procurement procedures, three written bids were requested to secure a GDOT prequalified consultant for the project. The City received 3 bids on the project and Smith Real Estate Services, Inc. was determined to be the lowest reliable bidder. The work to be completed under this Agreement will include coordination with Georgia Department of Transportation (GDOT) and the City for acquisition services. These tasks are required in conjunction with the use of federal funds on this project and will be in accordance with GDOT policy and procedures. Funding and Fiscal Impact: The budget for this work will be from Capital Grant Fund. This task is not reimbursable. There are only driveway easements required on this project and there is no expected funding required for the easements. The funds spent for this acquisition contract will count toward the required local match on the overall project. Alternatives: None Legal Review: Paul Higbee – Jarrard & Davis, LLP (October 5, 2015) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Professional Services Agreement HOME OF' ., . M I LTOI Es7nnr.asirrn 7�xx� PROFESSIONAL SERVICES AGREEMENT — SHORT FORM AGREEMENTS $10,000.00 OR LESS CRABAPPLE STREETSCAPE EASEMENT ACQUISITION SERVICES This Professional Services Agreement (the "Agreement") is made and entered into this day of , 201, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and SMITH REAL ESTATE SERVICES, INC. (hereinafter referred to as the "Consultant"). WITNESSETH THAT: WHEREAS, the City issued a Request For Bid (Crabapple Streetscape Driveway Easement Acquisition Services), to solicit bids for right-of-way services for Crabapple Streetscape project; and WHEREAS, based upon Consultant's bid to provide right-of-way 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 familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A REQUEST FOR BIDISCOPE OF WORK EXHIBIT B RESPONSE TO BID/FEE SCHEDULE EXHIBIT C INSURANCE CERTIFICATE EXHIBIT D CONSULTANT AFFIDAVIT EXHIBIT E SUBCONSULTANT AFFIDAVIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Consultant shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Consultant's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described acquisition of driveway easements as part of the Crabapple Streetscape Project PI 0011675. Section 3. Contract Time: Consultant understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to Proceed" from the City and shall fully complete the Work within 120 days of the "Notice to Proceed". Section 4. Work Chan es: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's 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 $9,500 {the "Contract Price"} plus additional per parcel fees listed in Exhibit "B", except as outlined in Section 4 above. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. Section 6. C versants of Consultant A. Assignment of Agreement: Consultant covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Consultant and Indemnification of Cid: Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Consultant shall bear all losses and damages directly resulting to it on account of the negligent performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, reasonable attorney's fees, which are the result of willful or negligent acts, or tortious conduct to the extent arising out of the negligent performance of contracted services, or operations by Consultant, any sub - consultant, anyone directly employed by Consultant or sub -consultant or anyone for whose negligent acts Consultant or sub -consultant may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Consultant shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City Page 2 of 7 or its officers, boards, commissions, elected or appointed officials, employees or agents. C. lndependent Consultant: Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent Consultant, not as agent or employee of City. Inasmuch as City and Consultant are parties independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit B. E. Licenses, Certifications and Permits: Consultant covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Consultant shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. 1=_ Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Consultant ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Consultant agrees to execute any additional documents necessary to evidence such assignment. G. Consultant's Re resentative: I]l�vew� .� It* shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative. H. Confidentiality: Consultant acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its sub -consultants, consultants, and/or staff to likewise protect such confidential information. 1. Meetings: Consultant shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Standard of Care: In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by Page 3 of 7 members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Consultant. Provided that no damages are due to the City for Consultant's breach of this Agreement, the City shall pay Consultant for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. D. E -Verify Affidavits. It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "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 "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "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 340-10-1-.02. Page 4 of 7 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 0.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13- 10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.1 500 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. Page 5 of 7 The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. E. Nondiscrimination. In accordance with Title V1 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 242 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section E in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON THE FOLLOWING PAGE] Page 6 of 7 SIGNED SEALEM AND DELIVERED X(hnpresence of: Corporate Secretary should attest) Print me ' tary Public [NOTARY SEAL] +�+` ot►t'�•,� S �'�. My Commission Ex 'res,s�a N r oto y �i� •'.;fie;?°:i� 0+ 0�►flty ����r�titti►t�► SIGNED SEALED AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires! Smith Real Es ervices file. Signature �f�+ A._— Print Name e AfsAe �---- 'Fidc [AFFIX CORPORATE SEAL] MILTON CITU COUNCIL: .doe Lockwood, Mayor Page 7 of 7 ICITY SEAL] Exhibit "A" REQUEST FOR BIDS/SCOPE OF WORK HOME of • = MILTON'Ilr6 ESTA13L1A I ED 2006 CRABAPPLE STREETSCAPE EASEMENT SERVICES Farm. 0' PROJECT LOCATION McFar11n Ln n Unsas Tree a LeCOT4 ]'•ree 9 j°y ar CoWippla Rd Ptyy u+r or a` O a fh Way � h6 `6 Tr ce �, O r 7`y Sr. hool 0, N orth w es le rn Mktdir Sc heal Crabappla Crolsinq 1 Rulhs Fane Wap 372 Elem S Y - SC H liii l_ f�:`�1''8aar:Lm6 Fame Ur J c Y o' Aaa s Sink �, n a !y Tr i Llingtpr0 Clr %8aa ? - 'a _ 11 f 7 JAfd m oa dy .Ij rid= m` MaYfefd Rd chanfllTy 0 t'o BIDS DUE SEPTEMBER 24, 2015 BY 5:00 PM MAYFIELD ROAD City of Milton, Georgia Questions and Bid Responses to be submitted to: sara.leadersk cityofmilton Bid response shall include signed and completed Bid Submittal Form {page 5} and E -Verify Form (Page 6) © You(n PHONE: 578.242.25001 FAX: 678.242.2499 Green infofcifyolmiltongo.us I www.c1tyofm11tonga.us l l! Ifl IF1' Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 «N„r,.n BkoNlk � 2 1 Easernent AcgU ; ::)n Se-rvices. PROJECT DESCRIPTION The improvement project is located in North Fulton County in the City of Milton. The project has Federal Funding with a local match requirement. This is a Georgia Department of Transportation (GDOT) project PI# 0011675 and the City of Milton is responsible for acquiring the necessary driveway easements. The project includes sidewalk and other streetscape elements along both sides of Mayfield Road. The latest version of the right of way plan set is provided beginning on page 7. Right of way plans have not yet been approved by GDOT. SCOPE OF WORK The bidder shall have familiarized themselves with the work required, the bid documents, the project site, all laws, regulations and other factors affecting performance of the work, and have satisfied himself/herself of the expense and difficulties attending performance of the work. If bid is accepted, bidder shall 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 bid documents to be performed or furnished by bidder for the for the provided unit prices. THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDER. The costs for developing and delivering responses to this bid and any subsequent presentations as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation of their bid. The City of Milton reserves the right to reject any or all bids, to waive technicalities and informalities, and to make award in the best interest of the City of Milton. The base bid may not be withdrawn or modified, except at the request of the City, for a period of sixty (60) days following receipt of the bids. This project shall be bid and awarded as a Unit Price contract. DESCRIPTION OF SERVICES All Consultants and/or Sub Consultants must be prequalified with GDOT for each Right of Way Service described in the scope below. Pre -Acquisition Pre -Acquisition Services may be required on this project. Any pre-acquisition activities shall be in conformance with Federal regulations and the requirements of GDOT. Services may include, but are not limited to the following: Coordination services A. This includes all pre-acquisition and acquisition coordination with GDOT, local government coordinator, and City B. Coordination may include but not limited to attending meetings, status reports and any additional GDOT required forms and documents 3 1 Fn n)enI Acquisition SN _.4 C. Consultant will coordinate with City Attorney for title services. Consultant will provide all applicable project and parcel information and request for updates to title as needed. City Attorney will provide the actual title services and reports. Preparation of Detailed Right of Way Cost Estimate A. In GDOT spreadsheet format to be submitted to GDOT Right of Way Office Neizotiation• Negotiation services are for the acquisition of only driveway easements for the above referenced project. The services to be performed by the Consultant may include, but are not limited to the following: Negotiation Package A. Upon receipt of approved right of way plans from the City, the Consultant shall prepare negotiation packages for owners to include the following: 1. Brochure entitled "What Happens When Your Property Is Needed for a Transportation Facility" 2. Receipt for Brochure 3. Notification Letter 4. Copies of plans with driveway easements highlighted Negotiation Activity A. Negotiation activities will be conducted in accordance with federal guidelines. Negotiation Activity shall include the following: 1. All owners should be contacted in person, if possible, at a time and place convenient to the owner. There shall be a sufficient number of personal contacts with each owner, in an attempt to secure a property settlement through negotiations, unless it is clearly apparent that continued negotiations would be unproductive. 2. The Consultant shall provide and explain to owners appropriate right of way plan sheets), cross-sections, driveway profiles and other construction information as requested by owners. 3. If a negotiated settlement cannot be reached, the Consultant shall turn the file over to the City for further action. B. The Consultant shall prepare and maintain a legible negotiation record on each property interest on which negotiation was attempted. The record should include the following: 1. Dates of negotiation or contact 2. Place of contact 3. Persons present 4. Offers made 5. Explanation of Right of Way and Construction plans 6. Counter-offers and recommendations regarding those counter-offers 7. Reasons why settlements could not be reached (if required) 8. Feedback and concerns from the property owner q. Description of title problems and how they were solved (if required) 10. Signature of the negotiator for settled interests 11. Any other data pertinent to the negotiations 4 1 Easement /\cquilsitinn - 12. All related correspondence and reports in connection with and incidental to the parcel Individual Parcel Files A. The Consultant shall prepare and maintain individual parcel files which includes the following: 1. Ownership Verification reports 2. Copies of all negotiation records 3. All required forms executed by property owners 4. Copies of all correspondence B. Files shall be available at any time for inspection by the City, GDOT and/or the Federal Highway Administration. All such information is the property of the City and shall be immediately delivered to the City upon request. Any information and/or knowledge gained from the appraisals, the acquisition and relocation on this project shall be kept confidential and not publicly disclosed without prior written authorization by the City. General Conditions: A. The Consultant shall attend periodic meetings with the City and GDOT regarding the status of the negotiation tasks. B. The performance of all right of way services will be in full compliance with Title 49 Code of Federal Regulations, Part 24, Title 23 Code of Federal Regulations, Part 71 0, the Federal Uniform Act, all State Laws addressed in Georgia Code 22 and 32, and in accordance with the GDOT's Right of Way Manual of policies and procedures. Closings Consultant will coordinate with City Attorney on parcel closings. City Attorney will perform closings. Consultant will provide City Attorney with documents for closing of each parcel on the appropriate GDOT instruments/forms including: 1. Driveway Easement 2. Owner's Affidavit 3. Ownership Verification Report oil SRES sanx ac.i esi�ri seariccs SCOPE OF SERVICES NEGOTIATION/ACQUISITION CITY OF MILTON CRABAPPLE STREETSCAPE EASEMENTS SERVICES Smith Real Estate Services, Inc. {SRES} has extensive experience providing land acquisition and acquisition of easements for sidewalk and streetscape improvements for various types of projects. We propose to implement the land and easement acquisition process for approximately LU parcels as described below: 1. SRES will attend a coordination/kick-off meeting and other meetings with City of Milton to set parameters, if required. 2, SRES will develop property owners contact information sheet to which we will mail contact letters. 3. SRES contact letter will identify a contact person at SRES who will be available to answer property owner concerns and questions. 4. SRES will prepare all documents associated with the Offer and Closing Packages. All documents will be pre -approved by City of Milton before presenting to the property owners. 5. SRES will make every attempt to present offers in person, unless otherwise requested by the property owner. A minimum of three (3) contacts per owner will be made, if necessary. If mailed, the offer will be sent via Certified Mail with a return receipt. 6. SRES will maintain a project negotiation status report, showing dates of first contacts and progress of acquisition from first contact through closing/submitting file to closing Attorney. 7. SRES will submit the signed Option, highlighted plan sheet, and proper closing documents to City of Milton (excluding deed and legal description). 8. SRES will prepare and submit Administrative Appeals to City of Milton, if counter-offer is received and justified. 9. SRES will mail a certified letter to the owner notifying that condemnation actions will be initiated if a settlement is not reached. 10. SRES will mail a 14 -Day Letter notifying of the intent to condemn and provide the property owner an opportunity to request an Administrative Appeal prior to filing the condemnation. 120 Hamnx)nd Drive • Atlanta, GA 30328-4806 • 404.315-1512 x 122 •404-315.1512 • www.smith-res.co n �N -RES S& RUL 917,171 s1an[u SCOPE OF SERVICES NEGOTIATION/ACQUISITION CITY OF MILTON CRABAPPLE STREETSCAPE EASEMENTS SERVICES 11. SRES will forward negotiation file and condemnation petition request to City of Milton for each property if negotiations are unsuccessful. We will provide the negotiation log, title report, plat, and offer documentation. 12. SRES will submit all completed negotiation files to City of Milton promptly upon closing. 120 Hammond Drive • Atlanta. GA 30328-48UC} • 4[14-315-1512 x 122'404-315-1512 • www. niilh-res.coni Exhibit "B" RESPONSE TO BID/FEE SCHEDULE 5 1 Easement Acquisition Services BID SUBMITTAL FORM Crabapple Streetscape Driveway Easement Acquisition Services BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE The undersigned bidder, having familiarized themselves with the work required by the bill documents, the project site, all laws, regulations and other factors affecting perfonnance of the work, and having satisfied 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 bid documents to be performed or furnished by bidder for the for the following unit prices; Right of Wa Services Estimated Parcels Per Parcel Fee Estimated Total Pre-acquisition. Services Coordination Services to $250.00 $2,500.00 Detailed ROW Cost Estimate l0 $200.00 $2,000.00 Negotiations Drivewa Easement Only 10 $250.00 $2,500.00 Closings Pre are Closing Documents 10 $250.00 1 $2,500.00 Estimated Project Total $9,500.00 Actual project total coat to be based on actual number of parcels required on each task at per parcel rates provided on this bits sheet. Thenutnber of parcels provided are estimates only. PrintlType Company Name Sm Authorized Signature Date: September 24, 2015 PrintlType Nameand Tithe 71t.00re4 V, ✓. z'�' ' P Exhibit "C" Insurance Certificate EXHIBIT "U" 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 oil 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 0.C.0.A. § 13 -1D -91[b]. Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: i s_q _ I hereby declare under penalty of perjury that the eVerify Number foregoing is true and correct. f —y ., Executed on [�C t--i�-, ate]. Date of Authorization Smith Rea! Estate Services Inc. Signature of Authorized O ficer or Agent s Name of Contractor[' d f Tern t—�{ Crabapple Streetsca-pe Easement Acquisition Printed Name and Title of Authorized Officer or Name of Project Agent City °� f Milton SU C IBEDD SWORN BEFORE ME ON Name of Public Employer T i DAY 01' ,,�111ttl+►l��z. ,2 nn a D 'rr NUte �^•��� TARY PUBLIC w r 1' �W. [NOTARY SEAL] �'7� pub11c or 01, ountv- My Co mission Expires HOME OF ' -M I LTON* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 27, 2015 FROM: City Manager AGENDA ITEM: Approval of a Memorandum of Agreement among the North Fulton Cities of Alpharetta, Johns Creek, Milton, Roswell, and Sandy Springs for Development of a North Fulton Comprehensive Transportation Plan. MEETING DATE: Monday, November 2, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER.' APPROVED (} NOT APPROVED CITYA TTORNEY APPROVAL REQUIRED:} YES () NO CITY A TTORNEY REVIEW REQUIRED:} YES (} NO APPROVAL BY CITY ATTORNEY VAPPROVED () NOT APPROVED PLACED ON AGENDA FOR.- REMARKS OR:REMARKS © Yau(n t . * iop u1u PHONE: 678.242.25001 FAX: 678.242.2499 ,Green �� , c fie If intoftityofmiltonga.us I www.cifyofmiltonga.us WILDLIFE ! Community Q�z" 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 -`°T'`'`` P."""" %a To: Honorable Mayor and City Council Members From: Chris Lagerbloom, City Manager Date: Submitted on October 27, 2015 for the November 2, 2015 Regular Council Meeting Agenda Item: Approval of a Memorandum of Agreement for the Development of a North Fulton Comprehensive Transportation Plan Among the Cities Of Alpharetta, Johns Creek, Milton, Roswell, and Sandy Springs ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The purpose of this Memorandum of Agreement (MOA) is intended to provide a framework for continuing, cooperative and comprehensive planning and development of the North Fulton Comprehensive Transportation Plan (NFCTP). The development of the NFCTP will be managed by the Atlanta Regional Commission (ARC) at the request of the cities. The NFCTP will be a program of goals, objectives and strategies aimed at evaluating, coordinating and making necessary recommendations for the regional transportation system and land use assumptions for the Cities as well as the City of Mountain Park. This process is intended to ensure that the area of North Fulton is coordinated in an effort to produce a plan that will meet the future projected demands related to land use and the regional transportation system. Funding and Fiscal Impact: The total project cost is comprised of $1,000,000 in federal funds with a $250,000 local match. Of that local match, based upon population, Milton’s financial impact is $24,000 which is currently budgeted. Legal Review: Paul Higbee, Jarrard & Davis, LLC, City Attorney Attachment(s): IGA North Fulton Comprehensive Transportation Plan Memorandum of Agreement Page 1 of 8 Memorandum of Agreement for The Development of a North Fulton Comprehensive Transportation Plan Among the Cities of Alpharetta, Johns Creek, Milton, Roswell, and Sandy Springs WITNESSETH: WHEREAS, the Atlanta Regional Commission (ARC) is the Metropolitan Area Planning and Development Commission for the ten (10) county Atlanta Region as defined by O.C.G.A 50-8- 82; and WHEREAS, in accordance with O.C.G.A. 50-8-93 (e), ARC has the power and authority to undertake such other planning functions within its area as may be assigned or delegated to the commission by other agencies or boards, public or private, and for which the commission accepts responsibility; and WHEREAS, each of the cities of North Fulton County (Alpharetta, Johns Creek, Milton, Roswell and Sandy Springs, hereinafter referred to as “the Cities”) has requested that ARC manage the planning and development of a Comprehensive Transportation Plan for North Fulton County and ARC agrees to accept responsibility for management of the project. NOW, THEREFORE, for and in consideration of the premises, the parties hereby agree as follows: SECTION 1: PURPOSE This Memorandum of Agreement (MOA) is intended to provide a framework for continuing, cooperative, and comprehensive planning and development of the North Fulton Comprehensive Transportation Plan (NFCTP). The development of the NFCTP will be managed by the ARC at the request of the Cities. The NFCTP will be a program of goals, objectives, and strategies aimed at evaluating, coordinating and making necessary recommendations for the regional transportation system and land use assumptions for the Cities and the City of Mountain Park. This process is intended to ensure that the area of North Fulton is coordinated in an effort to produce a Plan that will meet the future projected demands related to land use and the regional transportation system. This project will also involve the development of performance measures, the collection and analysis of data as well as stakeholder input in various forms. The end result of this process will be a comprehensive program of policies and projects that will include estimated costs and timeframes for project implementation and any recommendations for needed coordination beyond local jurisdictional boundaries. North Fulton Comprehensive Transportation Plan Memorandum of Agreement Page 2 of 8 SECTION 2: ORGANIZATIONAL ROLES AND RESPONSIBILITIES A. ARC Since ARC is not a party to this agreement, this section is for informational purposes only and provides a common understanding of ARC’s role by the five cities. ARC shall be responsible for the following: 1. Provide overall coordination and management of the project. 2. Manage and conduct all planning activities associated with the project. 3. Be the recipient of any federal and local funding for all planning activities associated with the project. (Estimate $1,000,000 federal and $250,000 local for a total of $1,250,000.) 4. Award and manage any sub-contracts necessary to perform required planning associated with the project. 5. Manage the project in accordance with all applicable state and federal laws and regulations. 6. Provide periodic financial status reports to the Cities showing the obligation and expenditure of funds. The ARC has designated a Project Manager for the NFCTP. For the sake of continuity, it is highly desirable to maintain the same Project Manager throughout the project. B. Cities The Cities shall be responsible for the following: 1. Assist ARC in the development of a scope of work for the project. 2. Provide funding for the project in accordance with each city’s commitment, shown under the “local match” column in the table on Attachment A: City Financial Commitments. 3. The Cities will have their funds, authorized by the local government, available to pay their share of the local match to the Administrative City by February 1, 2016. The Administrative City will pay the local match to ARC within 30 days after Federal funds are encumbered, after ARC secures a GDOT funding agreement for Federal funds, and in advance of ARC’s incurring costs. There will be no refund of the local match after funds are transmitted to ARC. Any funds paid in advance, for which ARC does not actually incur the estimated costs, will be refunded to the Cities once the project is complete, proportional to each city’s share shown in Attachment A. 4. Appoint representatives to serve on Project Management Team (PMT) and Stakeholders Committee. 5. Mayors serve on the Project Policy Committee. 6. Provide other assistance as mutually agreed upon. 7. Acknowledging that the NFCTP has a regional focus, the Cities pledge to work together toward mutually beneficial arrangements balancing mobility, land use, and quality of life issues. North Fulton Comprehensive Transportation Plan Memorandum of Agreement Page 3 of 8 8. Review project documents and approve the project final document according to the procedures laid out in Section 3. C. Administrative City The Administrative City will be the main administrative point of contact with ARC and will collect the local match from the other Cities and transmit it to ARC. The designated Administrative City is the City of Johns Creek. 1. The Administrative City will collect the local match from the other cities and transmit it to ARC. 2. The Administrative City will assist ARC with the project by encouraging input from the other Cities and facilitating development of the Scope of Work with the PMT. 3. The Administrative City will share information it receives with the other Cities. For the sake of continuity, it is highly desirable for the Administrative City to maintain the same point of contact throughout the project. D. City of Mountain Park The City of Mountain Park is not a party to this agreement, so this section is for informational purposes only, yet this is an agreement of the cities’ understanding of its role within this planning framework. Mountain Park will have a role in decision making for this study. The City will also be part of the Stakeholders Committee. A representative from the City of Mountain Park will be able to actively sit in on all Project Management Team and Policy Committee meetings and freely provide input as the plan is developed. SECTION 3: POLICY DEVELOPMENT AND COORDINATION The project shall be conducted using three key groups to facilitate feedback, decisions and communication: a Stakeholders Committee, a Policy Committee and a Project Management Team. ƒ The Stakeholders Committee is the main group who will review large quantities of study information, findings and recommendations presented by ARC and the Consultant. ƒ The Policy Committee will provide policy direction. ƒ The Project Management Team will deal with contractual and project management issues. A Project Management Plan will be developed to outline specific meetings and a project schedule. 3.1 Stakeholders Committee (SC) The involvement of a diverse set of stakeholders is essential to the successful development of this project. The composition of the Stakeholders Committee (SC) should reflect each City government and the City as a whole (including the City of Mountain Park), North Fulton Comprehensive Transportation Plan Memorandum of Agreement Page 4 of 8 representing the public’s interests in formulating the NFCTP. The PMT will approve the recommended committee structure, as proposed in the public participation plan, as defined in the scope of services. The SC will consist of no more than 40 people. The SC, at a minimum, shall include City Council members, citizen’s representatives, staff and board of CIDs, transit operators, land use planners, chambers of commerce, GDOT, environmental advocates, etc. Half of the members of the SC will be proportional to the population for each city. For example, if there are 40 people on the SC, 20 of them will be representatives from the Cities. ARC and their Consultant will meet with the SC periodically throughout the project according to the Project Management Plan and present all of the significant findings and recommendations of the NFCTP to the SC for their review and feedback. The SC will help to shape the plan by providing input to the needs assessment and project recommendations, including policy decisions where a consensus can be reached. If the SC, after much discussion, reaches an impasse, they will refer a difficult issue to the Policy Committee for resolution. The intent is to reach consensus on the plan, and the SC, as a microcosm of the public, is the primary body for discussing and debating the elements of the plan and for reaching a consensus that is representative of the public. Decisions of the SC shall be made by majority vote. The SC will vote on the project recommendations and will help to shape the project recommendations, but the SC will not vote on the Draft Plan. 3.2 Policy Committee (PC) The Policy Committee (PC) shall consist of the five Mayors, with the option of including a sixth mayor. The PC will select the representatives to the Stakeholders Committee. The PC may meet quarterly and shall provide policy direction to the PMT, interpret any areas requiring policy clarification, and provide approval of the draft plan, in accordance with the requirements of this section. The decision-making process shall be decided by the Policy Committee, which may or may not include the vote of the Mayor of the City of Mountain Park. 3.3 Project Management Team (PMT) The PMT shall consist of one city staff member, appointed by the Mayor from each of the five cities, plus the ARC Project Manager. The six member PMT shall: ƒ Provide project management input and guidance for the consultant and the ARC Project Manager. ƒ Refer difficult policy matters to the Policy Committee (PC), as provided by the Stakeholders, along with any PMT positions or recommendations ƒ With input from the CIDs and the City of Mountain Park, develop and recommend the scope of services, by consensus vote. North Fulton Comprehensive Transportation Plan Memorandum of Agreement Page 5 of 8 ƒ With input from the CIDs and the City of Mountain Park, recommend the preferred consultant for selection by ARC, to perform the scope of services (note: ARC will have final selection authority) Decisions of the PMT shall be made by majority vote (4 out of 6 members). The CIDs and the City of Mountain Park will meet with the PMT to participate in scope development and consultant selection, although they will serve in an advisory capacity and will not vote on these items. 3.4 Approval of Draft Plan The draft document as designated by the PMT shall be sent to the PC and requires four out of five/six votes for approval by the PC. 3.5 Approval of Final Plan The PC shall submit the approved draft plans to the five City Councils. A minimum of four resolutions, from four of the five/six cities, accepting the draft report (that has been approved by the PC) shall constitute final approval of the plan for ARC approval purposes. SECTION 4: COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS ARC and the Cities shall comply with all applicable local, state, and federal laws and regulations. Nothing in this MOA alters, or seeks to alter, the existing statutory authority of either party under state or federal law. If any of the provisions of this MOA are held to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. SECTION 5: TIME OF PERFORMANCE, AMENDMENTS AND MODIFICATIONS This agreement shall become effective upon execution by the Cities and remain in effect until the completion of the project or termination by the parties as provided below. Any City may terminate this Agreement upon sixty (60) days’ written notice to the others, provided that the City requesting termination has provided notice and sufficient opportunity for remedy. Any City may request changes to this MOA at any time by written notice to the other Cities signatory of this agreement. Such changes as are mutually agreed upon by and between the Cities shall be incorporated in written amendments to this MOA executed in the same manner as original MOA approval. This Agreement may only be modified by an instrument in writing executed by the Cities. Notwithstanding the foregoing, the Cities acknowledge that this Agreement may be revised or refined from time to time during its term. The Cities agree to cooperate with each other by executing such documents as may be necessary to evidence such mutually agreeable modifications and refinements. SECTION 6: NOTIFICATION North Fulton Comprehensive Transportation Plan Memorandum of Agreement Page 6 of 8 Any official notifications between the parties to this MOA that would substantially affect the terms or conditions of this MOA shall be directed to the office of the signatories to this agreement. North Fulton Comprehensive Transportation Plan Memorandum of Agreement Page 7 of 8 In witness whereof, the parties hereto have executed this Memorandum of Agreement, this ______ day of ____________, 2015. City of Alpharetta Attest: ____________________________ ____________________________________ Mayor City of Johns Creek Attest: ____________________________ ____________________________________ Mayor City of Milton Attest: ____________________________ ____________________________________ Mayor City of Roswell Attest: ____________________________ ____________________________________ Mayor City of Sandy Springs Attest: __________________________ ____________________________________ Mayor North Fulton Comprehensive Transportation Plan Memorandum of Agreement Page 8 of 8 Attachment A: City Financial Commitments North Fulton Comprehensive Transportation Plan Federal $1,000,000 Local $250,000 Total $1,250,000 City ARC 2014 Pop Est % Total Population Local Match (rounded) Alpharetta 60,997 17% $41,500 Johns Creek 80,453 22% $55,000 Milton 35,565 10% $24,000 Roswell 91,449 25% $62,500 Sandy Springs 98,240 27% $67,000 TOTAL 366,704 $250,000 HOME OF ' ESTAM1S1IFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 28, 2015 FROM: City Manager AGENDA ITEM: Approval of a Landscape Services Agreement between the City of Milton and Tri Scapes, Inc. for the Field Maintenance at Bell Memorial Park. MEETING DATE: Monday, November 2, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: XAPPROVED CITY ATTORNEY APPROVAL REQUIRED: YES CITY ATTORNEY REVIEW REQUIRED: G YES APPROVAL BY CITY ATTORNEY (APPROVED PLACED ON AGENDA FOR: REMARKS 1 i o Z t s {) NOT APPROVED (} NO () NO O NOT APPROVED © yours * yt PHONE: 678.242.2500 FAX: 678.2422499 Green *mortified* * C ifs int infoftityofmiltonga.us I www.cityofmiltonga.us k��1community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Page 1 of 2 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on October 28, 2015 for the November 2, 2015 Regular Council Meeting Agenda Item: Approval of a Landscape Services Agreement between the City of Milton and Tri Scapes, Inc. for the Field Maintenance at Bell Memorial Park. ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Landscape Services Agreement between the City of Milton and Tri Scapes, Inc. for the Field Maintenance at Bell Memorial Park. Executive Summary: When the City re-opened Bell Memorial Park, we took over the maintenance of the fields at the park. Previously, this was done by the Hopewell Youth Association. We now have the responsibility for maintaining and preparing the grass outfields and dirt infields on the baseball fields and the artificial turf fields. This contract will address all of these issues. The contract is a result of a publicly advertised request for proposal and Tri Scapes was selected by the review committee as the best vendor. Funding and Fiscal Impact: The fee of $99,126.00 is within the budgeted price that was planned for in the FY16 budget. This will be paid with available funds from the Maintenance and Operating Budget. Alternatives: This work must be completed to maintain the park. The only alternative is to go back to the market and rebid this. Legal Review: Elizabeth Whitworth – Jarrard & Davis (October 23, 2015) Page 2 of 2 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): 1) Landscape Services Agreement Contract HOME OFmill t NTESTABLISHED2006 LANDSCAPE SERVICES AGREEMENT BELL MEMORIAL PARK FIELD MAINTENANCE This Agreement, made and entered into this day of , in the year 2015 (the "Effective Date"), is 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 Tri Scapes, Inc. ("Contractor") having its principle place of business at 1595 Peachtree Parkway, Suite 204-396, Cumming, GA 30041. WHEREAS, the City issued a Request For Proposal (Milton Parks and Recreation Maintenance Program for Bell Memorial Park), to solicit proposals for landscape maintenance services for the athletic fields located at Bell Memorial Park; and WHEREAS, based upon Contractor's proposal to provide landscape maintenance services as required by the proposal documents, the City has selected Contractor as the winning proposer, and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: 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 PROPOSAL/SCOPE OF WORK EXHIBIT B RESPONSE TO RFP/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 Contractor agrees to provide all Work specified in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Contractor's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as landscape maintenance services for the athletic fields located at Bell Memorial Park. No payments will be made for unauthorized work. Invoices should be submitted to Jim Cregge, 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 Contractor for the services performed and costs incurred by Contractor upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of an invoice, submitted monthly 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 the annual flat fee amount of $99,126.00 (the "Contract Price"), which Contract Price shall be paid in proportional monthly installments of $8,260.50. 2.3 Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. 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 Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. 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 Contractor. 2.6 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $25,000, must be approved by resolution of the Milton City Council. 2 3.0 Independent Contractor 3.1. The Contractor is an independent Contractor. The Contractor is not an employee, agent or representative of the City of Milton. The Contractor shall obtain and maintain, at the Contractor'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 Contractor 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 Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor 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 Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 4.0 Indemnification The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees, representatives, consultants, servants, volunteers and agents (collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, and expenses and liability of any kind whatsoever, including, but not limited to, attorney's fees and costs of defense (collectively "Liabilities"), which may arise from or be the result of alleged willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any sub -contractor, anyone directly or indirectly employed by the Contractor or sub -contractor or anyone for whose acts the Contractor or sub- contractor may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. 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 an Indemnified Party by any employee of the Contractor, any sub -contractor, anyone directly or indirectly employed by the Contractor or sub -contractor or anyone for whose acts the Contractor or sub -contractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any sub -contractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. 3 5.0 Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or sub -Contractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Commercial General Liability of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (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 (collectively "Insured Parties") are to be covered as additional insureds as respects: liability arising out of activities performed by 4 or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the Insured Parties for losses arising from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the Insured Parties for losses arising from work performed by the Contractor for the City. (c) All Coverages. (i) Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. 5 (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: N Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this Agreement 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, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. Sub -Contractors: Contractor shall include all sub -Contractors as insured under its policies or shall furnish separate certificates and endorsements for each sub -Contractor. All coverage for sub -Contractors 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: Contractor 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 Pam The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. 6.0 Term; Termination Contractor understands and agrees that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. The term of this Agreement shall be from November 1, 2015 and shall continue until December 31, 2018; provided that the parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on December 31, each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent the City's provision of written notice of non -renewal to Contractor at least thirty (30) days prior to the end of the then current calendar year. The City may terminate this Agreement for convenience at any time upon written notice to the Contractor. Further, the City may terminate this Agreement upon a breach of any provision of this Agreement by Contractor and Contractor's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with this Agreement. Title to any supplies, materials, equipment, or other personal property shall remain in the Contractor until fully paid by the City. 7.0 Compliance with All Laws and Licenses The Contractor must obtain all necessary licenses and comply with local, state and federal requirements. The Contractor shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 8.0 Assignment The Contractor 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 Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. 11.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and Contractor submits to the jurisdiction and venue of such court. 12.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement (or between the exhibits themselves), the provisions most favorable to the City shall govern. Contractor represents that it has reviewed and become familiar with this Agreement and has notified the City of any discrepancies, conflicts or errors herein. The parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the parties had drafted it jointly, as opposed to being construed against a party because it was responsible for drafting one or more provisions of the Agreement. 13.0 Entire Agreement; Counterparts This Agreement constitutes the entire Agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. Neither party has relied on any representation, promise, nor inducement not contained herein. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 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 party at the address given below, unless a substitute address shall first be furnished to the other party by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: Jim Cregge Director, Parks and Recreation City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONTRACTOR shall be sent to: Terry Teakell Vice President Tri Scapes, Inc. 1595 Peachtree Parkway Suite 204-396 Cumming, GA 30041 17.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers or directors to any personal liability. The parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 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 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 "E - Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "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 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 five (5) 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. 10 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 Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 19.0 in every subcontract for services contemplated under this Agreement. 20.0 Successors and Assigns Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective parties, provided that no party may assign this Agreement without prior written approval of the other ply. 21.0 Severability Should any article(s) or section(s), or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible, as the parties declare they would have agreed to the remaining parts of this Agreement if they had known that the severed provisions or portions thereof would be determined illegal, invalid or unenforceable. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers effective as of the Effective Date provided above. [SIGNATURES ON THE FOLLOWING PAGE] 12 [AFFIX CORPORATE SEAL] Attest: Signat t Print a Title: Corporate Secretary or Assistant orate Secretary (corporation) MILTON CITY COUNCIL: Joe Lockwood, Mayor [CITY SEAL] Attest: Signature Print Name Title: City Clerk 13 EXHIBIT "A" REQUEST FOR PROPOSAL/SCOPE OF WORK HOME OF ,A, TY (_!F ' r� ', c_ MjT?_T ON*t, ESTABLISI IED 2006 CITY OF MILTON REQUEST FOR PROPOSAL (THIS IS NOT AN ORDER) RFP Number: 15-PRO4 RFP Title: Milton Parks and Recreation Maintenance Program for Bell Memorial Park Issue Date: RFP Due Date and Time: October 1, 2015 (a-)_ 2:00pm local time September 2, 2015 ISSUING DEPARTMENT INFORMATION Procurement Office Contact: Issue Date: Honor Motes September 2, 2015 City of Milton Name of Company or Firm 13000 Deerfield Pkwy, Suite 107F Phone: 678-242-2500 Milton, Ga. 30004 Website: www.cityofmiltonga.us INSTRUCTIONS TO OFFERORS Return Proposal to: Mark Face of Envelope/Package: City of Milton Bid Number: 15-PR04 Attn: Honor Motes, Purchasing Office Name of Company or Firm 13000 Deerfield Pkwy Suite 107F Milton, Ga. 30004 Special Instructions: Deadline for Written Questions September 14, 2015 @ 5:OOPM Email questions to Honor Motes at Honor.Motesna citvofmiltonga.us OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: Please print name and sign in ink) Offeror Phone Number: Offeror FAX Number: Offeror Federal I.D. Number: Offeror E-mail Address: OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 15-PRO4 FYI Milton Parks and Recreation Maintenance Program for Bell Memorial Park]= I TABLE OF CONTENTS Offeror's RFP Checklist .............................................................................. ProposalLetter........................................................................................... Scheduleof 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 ............................................... 15-PR04 FYI 5 Milton Parks and Recreation Maintenance Program for Bell Memorial Park OFFEROR'S RFP CHECKLIST The Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2. Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3. Attend the pre -proposal conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4. Take advantage of the "question and answer" period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal "addenda" issued for the RFP. 5. Follow the format required in the RFP when preparing your response. Provide point -by -point responses to all sections in a clear and concise manner. 6. Provide complete answers/descriptions. Read and answer all questions and requirements. Don't assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The proposals are evaluated based solely on the information and materials provided in your response. 7. Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. 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. 15-PR04 FYI Milton Parks and Recreation Maintenance Program for Bell Memorial Park 9. Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document, and be sure to submit all required items on time. Late proposal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Offeror's Response. 15-PRO4 FYI Milton Parks and Recreation Maintenance Program for Bell Memorial Park HOME OF 'THE BEST QUALITY OF LIFE i-NI GEORGIA' MILI ,*ION% ESTABLISHED 2006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH BID This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Consultant Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: 15-PR04 FY 15 Milton Parks and Recreation Maintenance Program for Bell Memorial Park HONAE OF '.,. M t LTON ESTAGLISI IED 2076 City of Milton RFP# 15-PR04 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 (15-PR04 Milton Parks and Recreation Maintenance Program for Bell Memorial Park) It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature Date Print/Type Name Print/Type Company Name Here 15-PR04 FY15 Milton Parks and Recreation Maintenance Program for Bell Memorial Park SCHEDULE OF EVENTS EVENT RFP Issue Date September 2, 2015 Deadline for Receipt of Written Questions 5 PM on September 14, 2015 Response to Questions by the City .....on or about September 18, 2015 RFP DUE No Later than 2 PM on October 1, 2015 15-PR04 FY 15 Milton Parks and Recreation Maintenance Program for Bell Memorial Park SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT Milton, Georgia is a growing community located north of Atlanta with a population of approximately 33,000. The Parks and Recreation Department will soon re -open Bell Memorial Park. The park has been closed for 14 months, undergoing a massive renovation and doubling in size to 37 acres. The primary focus of this RFP is to procure a contractor who can provide maintenance and grounds keeping on just the six (6) fields. This RFP is targeted at the space inside the fences of the fields. • Four (4) lit baseball fields with natural grass infields and outfields with dimensions to center field of approximately 190', 200', 210', and 290' • Two (2) lit artificial turf multi -sport fields capable of supporting football, lacrosse and soccer. This does not include any other elements of the remainder of the park. Any activities involving the Concession Stand, Parking Lot, Maintenance Yard or common areas outside of the fenced in athletic fields is out of the scope of this project. Work in these areas is already contracted to another vendor. All Offerors must comply with all general and special requirements of the RFP information and instructions enclosed herein. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposal (RFP) is issued until an offeror(s) is selected, offeror(s) are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes. Any unauthorized contact may disqualify the offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes Address: 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor. motes(a)cityofmiltonaa.us 15-PR04 FY 15 Milton Parks and Recreation Maintenance Program for Bell Memorial Park 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 Questions. Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email to Honor Motes on or before 5 PM on September 14, 2015. 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 September 18, 2015. 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 will be posted alongside the RFP at http://www.cityofmiltonga.us and http://ssl.doas.state.ga.us/PRSapp/PR index.isp. Offerors must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, offeror agrees to acceptance of the standard terms and conditions and standard contract as set out in Appendices A and B of this RFP. Much of the language included in the standard terms and conditions and standard contract reflects requirements of state law. Requests for exceptions to the standard terms and conditions, standard contract terms, or any added provisions must be submitted to the procurement officer referenced above by the date for receipt of written/e-mailed questions or with the offeror's RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the offeror's ability to respond to the RFP or perform the contract. The City reserves the right to address non -material, minor, insubstantial requests for exceptions with the highest scoring offeror during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all offerors submitting a response to this RFP. 15-PR04 FYI Milton Parks and Recreation Maintenance Program for Bell Memorial Park E. Mandatory Requirements. To be eligible for consideration, an offeror must meet the intent of all mandatory requirements. The City will determine whether an offeror's RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 Reserved 1.4 SUBMITTING A PROPOSAL A. Organization of Proposal. Offerors must organize their proposal into sections that follow the format of this RFP, with tabs separating each section. 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 four (4) copies of each proposal should be provided to the City. Proposals must be received at the receptionist's desk prior to 2:00PM. local time, October 1, 2015. Facsimile or emailed responses to requests for proposals are not acceptable. City of Milton Attn: Honor Motes Suite 107F 13000 Deerfield Parkway Milton, GA 30004 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 15-PR04 FY 15 Milton Parks and Recreation Maintenance Program for Bell Memorial Park 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. The City of Milton may, in the event the selected proposer fails to perform and/or the contract is terminated within forty-five days of its initiation, request the proposer submitting the next acceptable proposal to honor its 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. 15-PR04 FY15 Milton Parks and Recreation Maintenance Program for Bell Memorial Park 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. 15-PR04 FYI Milton Parks and Recreation Maintenance Program for Bell Memorial Park 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 Honor Motes for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a "right to know" (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the proposal is not within the specifications described and required in the RFP. If a proposal is found to be nonresponsive, it will not be considered further. 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. 15-PR04 FY15 Milton Parks and Recreation Maintenance Program for Bell Memorial Park 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. Opportunitv 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. G. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. H. Request for Documents Notice. Upon concurrence with the evaluation committee's recommendation for contract award, the procurement officer may issue a "Request for Documents Notice" to the highest scoring offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the "Request for Documents Notice" does not constitute a contract and no work may begin until a contract signed by all parties is in place. 1. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible offeror whose proposal achieves the highest score and is, therefore, the most advantageous to the City. If contract 15-PR04 FYI Milton Parks and Recreation Maintenance Program for Bell Memorial Park 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: Reject any or all Proposals received. The City is not obligated to request clarifications or additional information but may do so at its discretion. The City reserves the right to extend the deadline for submittals or to cancel or modify this RFP at any time. 2. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any proposal, 3. To request further documentation or information, and to discuss an RFP submittal for any purpose in order to answer questions or to provide clarification, 4. Not award if it is in the best interest of the City not to proceed with contract execution, 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. 15-PR04 FYI Milton Parks and Recreation Maintenance Program for Bell Memorial Park SECTION 3: SCOPE OF PROJECT 3.0 MANDATORY REQUIREMENTS This section identifies all mandatory requirements which must be present in the proposal before further consideration will be given. Offeror must prepare and submit a response which references the page(s) of the Technical Response where satisfaction of the Mandatory Requirements is substantiated. 3.1 General Perform the following services: • Provide field maintenance services within the park to include but not limited to mowing, trimming, cleaning, removal of trash on the fields and in dugouts and disposal at the park dumpster, and any other services as specified for just the athletic fields only. • Provide crew(s) with the proper number of staff and equipment to perform field maintenance services identified in the scope and in assigned work orders. Adequate personnel and equipment must be provided to allow the safe performance of work at all times. • Weekly activity reports shall be provided indicating the work performed. These will be reviewed at a weekly review meeting held at City Hall. • Some of this work will necessitate weekend work. Provide crews available for incidents, and weather related emergencies on a 24 hour on-call basis with a 2 hour response time. Any activities involving the Concession Stand, Parking Lot, Maintenance Yard or common areas outside of the fenced in athletic fields is out of the scope of this project. Work in these areas is already contracted to another vendor. ➢ Diagram of Park and Fields is listed as Exhibit D in the Scope of Work 15-PR04 FY 15 Milton Parks and Recreation Maintenance Program for Bell Memorial Park 3.2 Work Order Prioritv Perform services in accordance with an established work order priority schedule. After hours and emergency work orders may be authorized verbally and followed up with a written work order. • Priority 1: Emergency Service — 100% of the request will be responded to immediately, if possible, but in no later than two (2) hours. Once begun, work will continue until it is completed, the emergency is terminated, or the priority is downgraded. • Priority 2: Complete within 24 hours. • Priority 3: Complete within 5 business days. • Priority 4: Complete within scheduled maintenance period. 3.3 Equipment and Materials Provide equipment and vehicles necessary to complete the tasks as described and within the timeframes specified. Maintain equipment to meet clean and professional condition reflecting the City's high standards. The equipment is to include a John Deere Bunker Rake or equivalent, reel mowers for turf cutting, edgers, trimmers, blowers, and a utility vehicle. The utility vehicle must be capable of dragging the owner provided groomer and sweeper for maintaining the artificial turf fields. The utility vehicle must be equipped with tires suitable for driving on the artificial turf. Equipment failure does not excuse the contractor from the completion of the task. Equipment may be stored onsite at the Park Maintenance shed. All equipment stored must be clearly identified as the property of the contractor. Materials for lawn maintenance, including but not limited to fertilizer, and chemicals for weed control may be stored at the Maintenance Building in environmentally safe containers for no more than seven (7) consecutive days. Sand and field mix may be stored on site on a temporary basis as approved by the City. 15-PR04 FYI Milton Parks and Recreation Maintenance Program for Bell Memorial Park 3.4 Scope of Services Perform the following services: • Routine Maintenance — Visually inspect Fields 1 thru 6 inclusive at least once daily, Monday through Sunday during the season of typically active play. Outside of the season, inspections should be performed on Mondays, Wednesdays and Fridays. See Exhibit A for the typically active season. Evaluate site conditions and identify potential maintenance needs or safety hazards which require immediate attention_ Identify litter or debris, graffiti, broken or vandalized amenities which may create a safety hazard. Adjustments in the daily schedule are made based on the findings of these inspections. Perform maintenance services as needed. • Litter, Debris and Trash Removal • Remove trash, ground litter, and debris as often as needed during the week and dispose of the trash in the park dumpsters. • Natural Turf Maintenance • Mow all athletic turf fields to a height of I Y2- 2 inches as needed, on Fridays only. • String trim all posts, benches, trash containers, walls, and fence lines, as part of the mowing operation • Remove and properly dispose of all grass clippings from ball fields when visible • Aerating Turf • Perform core aeration of all grass athletic fields at least twice per year, including once in the spring just before fertilization and once in the fall. Perform aeration when the turf is actively growing and not under stress. Space aeration holes between 2-3 inches (this often requires 3 passes in different directions). Crumble and spread dried soil cores over the turf by using a flexible steel mat or by some other means. Use a vibratory tine aerator to a depth of 4-6 inches during the winter months and as needed during the rest of the year to alleviate compaction. • Turf Management • Provide a seven -point chemical program for all athletic turf areas. Fertilizer program shall include pre -emergent weed control fertilizations and post - emergent treatments consistent with best management practices. Contractor shall provide the materials and perform all applications. For a 15-PR04 FYI Milton Parks and Recreation Maintenance Program for Bell Memorial Park description of the seven point chemical program, refer to Exhibit B — Seven Point Chemical Program. • Provide and treat all grass athletic fields for fire ants once per year in the spring and as needed during the warmer months • Conduct soil testing on each athletic field at least once per year. Adjust the chemical treatment program based upon the results of the soil test. • Sodding • During June, sod bare spots larger than 12" X 12" on athletic fields. Expect to re -sod approximately 2000 square feet of sod each season • Ensure the soil is slightly moist when sod is transplanted • Add starter fertilizer at the time of sodding • Irrigate the new sod frequently enough so that the underlying soil is always moist, but do not saturate • Topdressing Athletic Fields • Top dress athletic fields 3 — 6 in April and August • Add sand mix to turf with thatch problems or in areas with uneven surfaces • Apply less than Y2 inch of material during the application • Top dress turf areas after a heavy aeration and incorporate the material by mat dragging • Irrigation System Management/ Maintenance • Test irrigation system before watering season begins. Test each zone for operation, water pressure, head damage, broken lines, etc. • Repair the irrigation system as needed • Shut off the irrigation system no later than November 15th, shut off the water at the meter and open existing drains and drain the system • Baseball Field Maintenance • Add infield clay / sand mix during the winter months prior to scheduled play in the spring and, add infield mix in the summer months before play in the fall • Sod cut and box scrape all lips to eliminate hazards • Physically remove the portable pitching mound prior to dragging any field, every time a field is dragged. • Drag the dirt infields once daily Monday through Friday and 3 times on Saturdays during the season of typically active play to provide a safe playing surface 15-PR04 FYI Milton Parks and Recreation Maintenance Program for Bell Memorial Park • Drag the dirt infields once per week during the season that is not typically active play. • Line the four dirt infields once daily Monday through Friday and 3 times on Saturdays during the season of typically active play. Lines shall be 2" wide chalk or an equivalent field lining material as approved by the City. The lines that are supposed to be straight shall be straight and based upon a string laid out along the path of the line. Lines that are supposed to be curved shall have a neat, clean and even arc. For an example of field lining, refer to Exhibit C — Field Lining • Inspect outfield turf daily to locate any holes in the playing surface and fill all holes with top soil and cover with sand • In June, cut out bare or uneven areas as needed and replace with fresh sod • Repair any field fencing that is detached or curling • Blow out dugouts, and pitching warmup lanes as needed during the season of typically active play. • Inspect dugout gate latches and doors weekly and make repairs as needed • Inspect and repair field fencing as required. • Rectangular Athletic Field Maintenance • Remove trash as required depositing it into the park dumpsters, not in garbage cans around the fields • Use the contractor's utility vehicle to drag the owner provided turf sweeper to pick up trash as required • Use the provided turf groomer to even out the infill in the turf in January and June • Inspect and adjust field gates to assure proper function as needed • Clean and sterilize biological residue from on field accidents • Field Rentals • Provide a price to prepare baseball fields (drag, chalk, etc.) and/or rectangular fields for special events and / or field rentals as directed. Special events / field rentals may occur during the week and / or weekends. • Park Coverage Requirements — During the time of typical active season usage, an employee is required to prepare the dirt fields as described above three (3) times each Saturday. The 15-PR04 FY15 Milton Parks and Recreation Maintenance Program for Bell Memorial Park mid -week preparation should be done during normal business hours. The field inspection on Sunday should be done before 1:00 PM. 3.5 Emergency or Special Proiect Services Provide pricing for emergency or special project services: • Provide hourly pricing for one person and a truck • Provide pricing for painting the artificial turf field — Note: Include in the pricing a brief write up of your experience in painting an artificial turf field and the equipment you have available to perform said work. 15-PR04 FYI Milton Parks and Recreation Maintenance Program for Bell Memorial Park 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. 15-PR04 FYI Milton Parks and Recreation Maintenance Program for Bell Memorial Park SECTION 5: COST PROPOSAL HONAE MILTO N S I1[D 277 MUST BE RETURNED WITH PROPOSAL IN A SEPARATE SEALED ENVELOPE One (1) original and four (4) 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 5.0. Print/Type Company Name Here: 15-PR04 FY15 Milton Parks and Recreation Maintenance Program for Bell Memorial Park SECTION 6: EVALUATION CRITERIA The City may elect to conduct a round of interviews with selected firms following receipt of the RFP. The City also reserves the right to issue an RFP to a single firm based solely on the initial submittal. 1. Proposal Evaluation An evaluation committee will review and rank the technical merit portion of proposals based on the factors listed below. The relative weight for each evaluation factor is indicated (the maximum value is 100). The points earned for technical merit will comprise 80% of your evaluation score. WORK PLAN/SCOPE (maximum 40 points,) All facets of the scope of work as defined in section 3.0 thru 3.5 inclusive. It is important that the proposal not simply address that the bidder can and will perform the services detailed. The proposal should provide an in depth and detailed explanation of how the work will be performed. The response should include, but is not limited to, the sizes of the crews, the crew leadership, the training and experience of the crews, the dates considered holidays by the bidder, the types of equipment that the bidder has available and the maintenance plan for all company equipment. Additional information that the bidder feels is pertinent in understanding the bidder's business is welcomed. PAST EXPERIENCE WITH THE CITY OF MILTON (maximum 10 points) This scoring category is used to rate proposals on their overall ability to meet City of Milton's expectations based upon any previous work performed for the City of Milton. COMPANY HISTORY, REFERENCES & EXPERIENCE (maximum 25 points) Proposals will score the highest in this category that demonstrate Company stability and experience in providing parks maintenance services. Of particular interest is documentation of client satisfaction (do City's continue to use your service year after year) and our confidence that the vendor will be around to provide support in the future. A verifiable list of at least three (3) municipalities or agencies that the bidder is providing similar services to is 15-PR04 FYI Milton Parks and Recreation Maintenance Program for Bell Memorial Park required. REPORTING TOOLS (maximum 5 points) This category is used to rate the overall effectiveness of communication and tracking of work in progress and work completed. The use of electronic technology is highly preferred. PRICE (maximum 20 points) Prices of optional products or services offered beyond those specified in this RFP will not be used in the price comparisons and scoring, so that additional offerings will not work against you. 2. Interviews and Product Demonstration (maximum 15 additional points) The City reserves the right to award the contract to the highest ranking firm based on technical merits only; however, short-listed vendors may also be invited to make a face-to-face presentation to the City, Web based presentations may also be permitted. During this presentation the vendor can provide additional detail regarding their proposal submission and organizational qualities. A question and answer will follow the presentation. 3. Final Ranking and Negotiations Upon completion of the interviews and demonstrations, if required, the review committee will rank the short-listed proposals based on a combination of the evaluation scores and presentations. The top-ranked proposal will be recommended for contract award, pending successful negotiations. At this stage, the City may conduct any final discussions, negotiations, or proposal revisions with the top-ranking company(s). 15-PR04 FYI Milton Parks and Recreation Maintenance Program for Bell Memorial Park SECTION 7: STANDARD CONTRACT INFORMATION 7.0 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 contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring offeror. 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. 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. 15-PR04 FYI Milton Parks and Recreation Maintenance Program for Bell Memorial Park Exhibit A: Tvpicallv Active Season Typical Active Season Starts February 1 Typical Active Season Ends May 31 Typical Active Season begins July 15 Typical Active Season ends November 15 Exhibit B — Seven Point Chemical Proaram 1) 1St Application— First week of March (Barricade pre -emergent weed control, trimec weed control and 10-10-10 fertilizer 2) 2°d Application — First week of April (Barricade pre -emergent weed control and fertilizer adjusted based upon soil test. 3) 3ra Application - Second week of May (granular nitrogen with iron and trimec weed control and ammonium nitrate) 4) 4th Application — Third week of June (granular nitrogen and trimec weed control and ammonium nitrate) 5) 5th Application — Fourth week of July (granular nitrogen and trimec weed control and ammonium nitrate) 6) 6th Application — Fourth week of August (barricade pre -emergent and trimec weed control) 7) 7th Application — First week of October (barricade pre -emergent, trimec weed control and Simazine pre -emergent 15-PR04 FY 15 Milton Parks and Recreation Maintenance Program for Bell Memorial Park K (Ho= Run Fa=) Recommended 6' 43 Exhibit C — Field Linima N. (Home Run Fence) Recommended G. (R&&-) skinned Inficid Turf E- (Di--) cirr4c � I 37' Rc,=nmamkd ig Cir6c L (Radi-) f , - Recommended :1 6 Full SL7C — 7 X Sample configuration with a pitching, mound 15-PR04 FYI 5 Milton Parks and Recreation Maintenance Program for Bell Memorial Park 60' Bases Pitching Circle Yo' Diameter o' Safety ,in e L--�- Pitching Line Teh�lo0� 20' Foul/Bunt Arc Catcher's Line 30' Safety Line See Field Dimensions For Additional Information Outfield Line 0 20' Behind Basepath Field Lining without a pitching mound — Note: This does not depict the on deck circles required near each dugout. 15-PR04 FYI Milton Parks and Recreation Maintenance Program for Bell Memorial Park 15-PR04 FY 15 Milton Parks and Recreation Maintenance Program for Bell Memorial Park HOME OE I:- =.FS: Mt L t uNlr_ ESTABLISHED 2006 SAMPLE CONSTRUCTION SERVICES AGREEMENT This Agreement (the "Agreement") to provide sidewalk improvements is made and entered into this _ day of , 2015, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the "City"), XXYXXXXX,'a Georgia corporation with its principal place of business located at XXXXXXXXXXXXX (hereinafter referred to as the "Contractor"). WITNESSETH. WHEREAS, the City issued a Request for. Proposalfor the XXXXXXXX Project; and WHEREAS, based upon Contractor's bid to provide the work as described in the Request for Proposal as required by the bid documents, the City has selected Contractor as the winning bidder, and WHEREAS, Contractor hasagreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE,'the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as`follows Section 1 Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement (18 Pages); B. Invitation to Bid ITB (30 Pages), attached hereto as Exhibit "A"; 31 C. Bid from Contractor dated XXXXXXXX (XX Pages), attached hereto as Exhibit «B D. Performance and Other Bonds, attached hereto collectively as Exhibit "C"; E. Non -collusion Affidavit of Prime Proposer, attached hereto as Exhibit "D", F. Contractor Affidavit and Agreement, attached hereto as Exhibit "E"; G. Subcontractor Affidavit, attached hereto as Exhibit "F"; H. Final Affidavit, attached hereto as Exhibit "H", I. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and :executed by the Parties; and J. City of Milton Code of Ethics. In the event of any discrepancy among the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 2 Proiect Description The scope of this:project generally consists of the striping of roadway segments as specified in accordance with the Request for Proposal issued by the City and the bid submitted by XXXXXXX dated,XXXXXXX. Section 3 The Work The Work`is specified and indicated in the Contract Documents (the "Work"). In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4 Contract Time The term of this Agreement shall be from January 1, 2015 until December 31, XX, unless terminated earlier as provided for herein. This Agreement shall automatically renew on January 32 I of each year, provided that this Agreement shall terminate absolutely and without further obligation on the part of the City on December 31" each year. Title to any supplies, materials, equipment, or other personal property shall remain in the Contractor until fully paid by the City. 33 Section 5 Contractor's Compensation; Time and Method of Payment A. The total amount paid under this Agreement shall not, in any case, exceed $XXXXX except as outlined in Section 6 below. City agrees to pay the Contractor for the work upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. This amount shall include all use, lease, or other taxes, and all expenses for personnel and equipment (including fuel) that Contractor will incur to provide the Work., Unless otherwise agreed in writing signed by both Parties, the compensation payable by the City to Contractor is limited to the price amount set forth in the Proposal Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. B. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth'in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shallxeflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a'Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. C. As long as the gross value of the completed. work is less than 50% of the total contract amount and/or when satisfactory progress has not been achieved by the Contractor, during any period for which payment is to be made, the City may retain a percentage` of said payment, not to exceed ten percent (10%) of the maximum Contract Price to ensure performance of the Agreement. Said cause and progress shall be determinedby the City, in its sole discretion, based on its assessment of any past performance of the Contractor and likelihood that such performance will continue. Upon' completion of all contract requirements, retained amounts shall be paid promptly less any offsets or deductions authorized hereunder or by law. D. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. All invoices should be submitted to Honor Motes (Procurement Manager) for approval. The City shall pay the Contractor within thirty (3 0) days after approval of the invoice by the City. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand -delivered. 34 E. The City may withhold payment or final payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Agreement, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. Section 6 Work Changes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with: he changed,work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. 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 $50,000, must be approved by resolution of the Milton City Council. Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for 35 completion of the Project. C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the'event it cannot perform the Work within the budgetary limitations established withoutdisregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. E. City's Reliance on the Work The Contractor` acknowledges and agrees that the City does not undertake to approve or pass upon matters of`expertise`of the Contractor and that; therefore, the City bears no responsibility for Contractor's services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's professional and industry standards or for performing services under this; Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably 36 should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. I. Responsibilitv of Contractor and Indemnification of Cit The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection- with this Agreement: The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the. services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be theresult of willful,'negligent or tortuous conduct arising out of the Work, performance of contracted services',, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. 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 Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the 37 City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials'necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliancewith Social Security, withholding and.all other regulations governing such matters. The Contractor agrees to be'solelyresponsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services. only. The Contractor' shall obtain and maintain, at the Contractor's expense, all permits, licenses,'or approvals that may be necessary for the performance of the services. The Contractor -shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors 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 parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor 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 Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 38 K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000combined 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 Contractor's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to :;contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, 39 premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not'affect coverage provided to the City, its officials, employees,: agents or,volunteers. (iv) Coverage shall state.tlat the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall 'be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. `'(vii) All endorsements to policies shall be executed by an authorized representative of the insurer. - (b) ` Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be .o 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. (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 7(I) of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (6) Verification of Coverage: Contractor shall.furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for`each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies.- at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is 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. 41 L. Employment of Unauthorized Aliens Prohibited E -Verify Affidavits It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "E" and "F" (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 C'EEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City. contract to ensure that no unauthorized aliens will be employed; or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar.of Georgia and is in good :standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "E", 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 "F", 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) 42 above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13- 10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodicinspections 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. 43 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. M. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment.is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers,or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. O. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not., P. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. Q. Key Personnel All of the individuals identified in Exhibit "J" [NTEED TO ADD IF USED] are necessary for the successful prosecution of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor's Project Manager or members of the project team, as listed in Exhibit "J", without written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City's decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor's obligations under this Agreement and shall be grounds for termination. Contractor shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the City. Contractor shall be solely responsible for any such subcontractors in terms of performance and compensation. R. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar 45 authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. S. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may necessary to evidence such assignment. T. Meetings The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days' notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may ID result in termination of the contract. Section 8 Covenants of the City A. Richt of Entry The City shall provide for right of entry for Contractor and all necessary equipment along the right-of-way, in order for Contractor to complete the Work. B. City's Representative shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative Section 9 Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor. Section 10 Termination A. The City may terminate this Agreement;for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third -parties unless, otherwise instructed by the City. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor for work`performed to date in accordance with Section 5 herein. The City shall have no further,liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City: shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, -fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completionfrom the unpaid Contract Price. The City will make no payment to the Contractor or its -Surety until all costs of completing the Project are paid. If the unpaid balance of theamountdue the Contractor, according to this agreement, exceeds the cast of finishing the Project, the Contractor or its Surety will receive the applicable ands due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. If the City terminates this Agreement for cause, and it is later determined that the City,did.not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section (A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. M E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11 Miscellaneous A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. C. Counternarts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions. ` Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on.the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via nationalovernight 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 CITY shall be sent to: City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: F. 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. G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for anydelayin such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) ;strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot,'insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are"inserted only for convenience and ease of reference -and are not`to be considered in the construction or interpretation of any provision of this Agreement. I. ; 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 I in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] 50 SIGNED, SEALED, AND DELIVERED In the presence of: Witness (Corporate Secretary should attest) Print Name Notary Public [NOTARY SEAL] My Commission Expires: SIGNED, SEALED, AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] Signature Print Name Title [AFFIX CORPORATE SEAL] MILTON CITY COUNCIL: Joe Lockwood, Mayor 51 [CITY SEAL] My Commission Expires: 52 EXHIBIT "A" REQUEST FOR BID EXHIBIT "B" BID FROM CONTRACTOR EXHIBIT "C" BONDS PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT XXXXXXXXXXXX (as CONTRACTOR, hereinafter referred to as the "Principal"), and (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of XXXXXXXXXYXX lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS; the Principal has entered, oris about to enter, into a certain written agreement with the City, dated , which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"), for the construction of a project known as XXXXXXXXXXXXXXX (hereinafter referred to as "the PROJECT"). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any Subcontractor, person, Party, partnership, corporation or other entity furnishing labor, services or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services or materials were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor's Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under' seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this day of , 2015. Title: (Signatures Continued on Next Page) SEAL) Attest: Title: Date: (Name of Contractor's Surety) By: Title: Attest: Date: (ATTACH SURETY'S POWER OF ATTORNEY) SEAL) PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Peek Pavement Marking, LLC (as CONTRACTOR, hereinafter referred to as the "Principal"), and (as SURETY COMPANY, hereinafter referred to as the "`CONTRACTOR'S SURETY"), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of one hundred forty thousand six hundred ninety-seven dollars and sixty cents ($140,697.60), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated the of , 2015 which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"), for the construction of a project known as Webb Road Sidewalk Improvements, (hereinafter referred to as "the PROJECT") NOW THEREFORE, the conditions of this obligation are as follows: That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach of default of the Contract: a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Contractor's Surety; and b. The means, method or, procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the principal and Contractor's Surety have hereunto affixed M their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, this day of 72015. Attest: Title: Date: Peek Pavement Markina, LLC By:_ Title: (Name of. Contractor's Surety) By: EAL) Title. (SEAL) Attest: Date: (ATTACH SURETY'S POWER OF ATTORNEY) m MAINTENANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Peek Pavement Marking, LLC (as CONTRACTOR, hereinafter referred to as the "Principal" located at 4600 Peek Industrial Dr, Columbus, GA 31909, and (as SURETY COMPANY, hereinafter referred to as the "Contractor's Surety"), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of the City for maintenance of Improvements as described below in the sum of one hundred forty thousand six hundred ninety-seven dollars and sixty cents ($140,697.60), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators,` successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written Agreement with the City, dated which is incorporated herein by reference in its entirety' (hereinafter referred to as the "Agreement"), for the construction of certain Improvements as' contemplated by that Project for Long Line Striping Project (hereinafter referred to as the "Project" ) and WHEREAS, said Project is to be approved by the City of Milton, under the terms that a maintenance bond. is required of said Principal and good and sufficient surety payable to the City, and conditioned that the Principal shall, for a period of tvm (21) years bc,�inning on maintain all improvements ("Improyernents-) involved in said Project in accordance with all applicable federal and state laws, with the Agreement, and with all applicable City regulations, including but not limited to the Code of Ordinances for the City of 62 Milton, Georgia, in force as of the date of said approval. NOW THEREFORE, the conditions of this obligation are as follows: 1.That if the Principal shall maintain the Improvements as described above; and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for costs of maintenance of Improvements, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements described herein, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance by the Principal; a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Contractor's Surety; b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this day of , 20_ [SIGNATURES ON THE FOLLOWING PAGE] 63 Peek Pavement Marking, LLC By: Name, Title: Date: (ATTACH SURETY'S POWER OF ATTORNEY) 64 By: Name, Title: (SEAL) Attest: By: Name, Title: Date: (Name of Contractor's Surety) By: Name,` Title: (SEAL) Attest: By: Name, Title: Date: (ATTACH SURETY'S POWER OF ATTORNEY) 64 EXHIBIT "D" NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER STATE OF GEORGIA CITY OF MILTON being first duly sworn, deposes and says that: (1) He is (Owner, Partner, Officer, Representative, or Agent) of Urey Companies, LLC (the "Proposer") that has submitted the attached Proposal; (2) He is fully informed respecting their preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; (3) Such Proposal is genuine and is not a collusive of sham Proposal; (4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Proposer, firm or person to submit a collusive or sham In Proposal in connection with the Contract for which the attached' Proposal has been submitted to or refrain from proposing in connection with such Contract, or has:in any collusion or communication or conference with any other Proposer, firm or person to fix the price or prices in the attached Proposal or of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Proposal are fair an proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. (6) Proposer has not directly or indirectly violated O.C.G.A. § 36-91-21(d). Signature. of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF 120 Notary Public My Commission Expires Date 65 (SEAL) EXHIBIT "E" 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: I hereby declare under penalty of perjury that the eVerify Number foregoing is true and correct. Executed on 201_ in (city), (state). Date of Authorization Urey Companies, LLC Signature of Authorized Officer or Agent Name of Contractor Webb Road SidewalkImprovements Printed Name and Title of Authorized Officer or Name of Project Agent City of Milton Name Milton Public Employer SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 1201 . NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: EXHIBIT "F" 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 Peek Pavement Marking. LLC on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines `established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: I hereby declare under penalty of perjury that the eVerify Number foregoing is true and correct. Executed on 201_ in (city), Date of Authorization (state). Click here to enter text. Name of Subcontractor Long Line Striping Project Name of Project City of Milton Name of Public Employer 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 Al_. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires EXHIBIT "G" PLANS AND SPECIFICATIONS EXHIBIT "H" FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA I, , hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by Click here to enter text. or any of its subcontractors in connection with the construction of the Click here to enter text. for the City have been paid and satisfied in full as of 20 -'and that there are no outstanding obligations or claims of any kind for the payment of which the City on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. Signature Title Personally appeared before me this Iday of , 20 , who under oath deposes and says that he is of the firm of Click here to enter text. ;that he has read the above statement and that to the best of his knowledge and belief same'is an exact true statement. Notary Public [NOTARY SEAL] My Commission Expires EXHIBIT "B" RESPONSE TO PROPOSAL/FEE SCHEDULE HOME OFOF Ll =1'G=O=GIMILION1,k ESTABLISHED 2006 CITY OF MILTON REQUEST FOR PROPOSAL (THIS IS NOT AN ORDER) RFP Number: 15-PR04 RFP Title: Milton Parks and Recreation Maintenance Program for Bell Memorial Park Issue Date: RFP Due Date and Time: October 1, 2015 (cD_ 2:00pm local time September 2, 2015 ISSUING DEPARTMENT INFORMATION Procurement Office Contact: Issue Date: Honor Motes September 2, 2015 City of Milton Name of Company or Firm 13000 Deerfield Pkwy, Suite 107F Phone: 678-242-2500 Milton, Ga. 30004 Website: www.cityofmiltonga.us INSTRUCTIONS TO OFFERORS Return Proposal to: Mark Face of Envelope/Package: City of Milton Bid Number: 15-PR04 Attn: Honor Motes, Purchasing Office Name of Company or Firm 13000 Deerfield Pkwy Suite 107F Milton, Ga. 30004 Special Instructions: Deadline for Written Questions September 14, 2015 @ 5:OOPM Email questions to Honor Motes at Honor.Motes a,cityofmiltonga.us OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Address: AuthorizeOff ror Signatory: Tri Scapes, Inc. 1595 Peachtree Parkway, Suite 204-396 Cumming, Georgia 30041 Terry Teakell, Vice Presidenti Please print name and sign n ink Offeror Phone Number: Offeror FAX Number: 770-752-4698 770-752-6792 Offeror Federal I.D. Number: Offeror E-mail Address: 58-2077615 terry@triscapes.com OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 15-PRO4 FYI Milton Parks and Recreation Maintenance Program for Bell Memorial Park HOME OF 'THE BEST QUALITY OF LIFE IN' OEOEGIA' MILTUN%lk, ESTABLISHED 2006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH BID This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Consultant Tri Scapes, Inc. Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value N/A N/A 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: N/A WE, 15-PR04 FYI Milton Parks and Recreation Maintenance Program for Bell Memorial Park -O. -AE OF `i -c ?a;!:..:.tii: GF i IL M T I I ON*- ESTABLISHED 2006 City of Milton RFP# 15-PR04 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 (15-PR04 Milton Parks and Recreation Maintenance Program for Bell Memorial Park) It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature Date 10/01/15 Print/Type Name Terry Teakell, Vice President Print/Type Company Name Here Tri Scapes, Inc. 15-PR04 FYI Milton Parks and Recreation Maintenance Program for Bell Memorial Park SECTION 3: SCOPE OF PROJECT 3.0 MANDATORY REQUIREMENTS Tri Scapes is like minded with the City of Milton in its mission to provide safe and exceptional park facilities for its citizens to enjoy. We believe that our experience in the areas of park and sports field construction and maintenance, combined with the expertise of our in-house team, uniquely qualifies us to manage this project. Combine that with our close proximity to the park, which allows us to respond swiftly and effectively to any emergencies which might arise, makes choosing Tri Scapes to partner with the City of Milton a great choice for the park and all who enjoy it. 3.1 General Tri Scapes Inc is a full service landscape service provider that has the necessary resources and experience to perform all required tasks as well as respond to any emergencies that may arise. We understand the need to quickly respond to incidents and weather related emergencies and we are prepared to do so 24/7 within two hours of reported need. 3.2 Work Order Priority Tri Scapes has utilized a prioritized work order system with many of our customers over the years. Our goal is to always exceed expectations by completing work orders in less time than allowed. We acknowledge the established 1 through 4 scale of priority and will respond accordingly. 3.3 Equipment Tri Scapes takes pride in its fleet and equipment, and due to the extent of this inventory, we have the necessary vehicles and equipment to perform all required tasks. We also have a full time mechanic that can repair all equipment onsite or at our facility. Please refer to the attached Exhibit A for a listing of our Maintenance Equipment. Due to the close proximity of our maintenance facility and the park, we will store all chemicals at our facility. However, we may choose to store our mower on-site to allow for direct reporting. Any equipment stored on-site will be clearly marked and identifiable as Tri Scapes property. 3.4 Scope of Services Tri Scapes understands the importance of having the required staffing in place to accommodate the park operating schedule, as well as special events and holidays. In addition to the required staffing, Tri Scapes will assign a dedicated project manager and a grounds maintenance team to the management of the park. Routine Maintenance Tri Scapes will utilize its experience in asset management by employing a thorough check list procedure to insure and document inspection of all park facilities and infrastructure. • Litter Debris and Trash Removal Tri Scapes will staff, schedule, and manage sufficient personnel to insure that all trash receptacles are emptied prior to being full and all trash is placed in the park dumpsters. • Natural Turf Maintenance We will utilize our expertise in the areas of sports field maintenance and landscape maintenance to insure that the park fields are maintained to the highest possible standards. • Aerating Turf Proper soil aeration is key to any successful turf management program and even more so to the maintenance of athletic fields. Tri Scapes will utilize all its combined expertise to accomplish the goal of maintaining healthy and safe playing surfaces and lawns. • Turf Management Tri Scapes will execute a complete turf care program on all natural sports fields. All turf care applications will be made under the supervision of a licensed and experienced pesticide applicator. The program will include pre and post emergent herbicide and appropriate fertilization. Periodic soil test will be conducted and the results used to make adjustments as needed to the program. Tri Scapes takes great pride in our level of professionalism in the area of pesticide handling and application. We will meet or exceed all state and federal regulations regarding the safe usage of these products and do everything possible to minimize exposure and impact to both park patrons and Tri Scapes employees, while meeting the stated expectation for weed control. TO Scapes will utilize its expertise in landscape installation to insure that any required sodding is performed in a manner that meets or exceeds expectations. • Topdressing Athletic Fields Tri Scapes will conduct topdressing operations per industry standards to insure healthy vigorous sports turf, at the direction of the city. • Irrigation System Management/Maintenance TO Scapes provides full service irrigation installation, repair and management services. We will start up, inspect, maintain, and shut down the system, at the direction of the city. • Baseball Field Maintenance Tri Scapes understands that smooth operation of the ball fields is imperative to the function of the parks. We have experience in both installing and maintaining sports fields; therefore we will insure that all required maintenance operations are completed on schedule. These operations include but are not limited to replenishing infield clay/sand mix, cutting and scraping sod lips, dragging infields, inspecting sod for holes and bare areas, and inspecting field structures. • Rectangular Athletic Fields Tri Scapes will provide the appropriate manpower and equipment to keep the artificial turf fields safe and in proper playing condition at all times. We will follow industry BMP to keep the fields clean by removing trash and biological material as needed. We will drag to level infill a minimum of twice per year. • Field Rentals Tri Scapes will perform necessary tasks as needed to prepare fields for special events and/or rentals as directed at $45.00 per hour for one man and a truck. • Park Coverage Tri Scapes will provide the appropriate manpower and equipment to meet all the stated requirements for weekly and weekend play. 3.5 Emergency or Special Project Services • Pricing for Emergency and/or Special Project Services to provide one person and a truck is $45.00 per hour. • Currently, Tri Scapes does not have prior experience in painting artificial turf sports fields. However, should we be awarded this contract, we will be partnering with US Specialty Coatings utilizing their expertise in applying the paint. They are a local company that currently supplies products to many of the athletic field managers in our area including the City of Alpharetta. We have drafted a plan of action with them to provide Tri Scapes with the equipment, materials, and on-site support needed to make this project a success. The cost to paint the field is detailed in the attached Exhibit B. ATri Scapes Type Make/Model Reel Mower Jacobson LF 135 Turbo Reel Mower Toro Reelmaster 5400 Reel Mower Toro Reelmaster 3100 Reel Mower Toro Reelmaster 3100 Reel Mower John Deere 2653 Rider Mower Bobcat 52" Rider Mower Toro 60" Rider Mower Ferris 52" Rider Mower ExMark Lazer 60" Rider Mower ExMark Lazer 60" Walk Behind Mower Graveley 48" Walk Behind Mower ExMark 52" Walk Behind Mower Toro 44" Walk Behind Mower ExMark 60" Walk Behind Mower ExMark 48" Walk Behind Mower ExMark 48" Walk Behind Mower ExMark 60" Walk Behind Mower ExMark 48" Walk Behind Mower ExMark 60" Walk Behind Mower ExMark 48" Push Mower Toro Push Mower Toro Back Pack Blower Red Max Back Pack Blower Red Max Back Pack Blower Red Max Back Pack Blower Stihl Back Pack Blower Red Max Back Pack Blower Red Max Back Pack Blower Red Max Back Pack Blower Red Max Suck Edger Stihl Stick Edger Red Max' Stick Edger Red Max Stick Edger Red Max Stick Edger Stihl Weed Eater Red Max Weed Eater Red Max Weed Eater Stihl Weed Eater Husgavama Weed Eater Red Max Pole Shear Stihl Pole Shear Stihl Gas Shear Stihl Gas Shear Redmax Gas Shear Redmax Gas Shear Redmax Gas Shear Redmax Chain Saw Stihl Tiler Mantis Street Blower Little Wonder Push Spreader Lesco Commerical plus Push Spreader Lesco Commerical plus Push Spreader Lesco Commerical plus Aerator Bluebird Aerator Bluebird Vibratory Aerator RTV IKubota EXHIBIT A Maintenance Equipment 0 M O O M 0 M Exhibit B 11 -player Football Field Diagram .,� ----•68-4 23'4!!1-- — 5814---- ---------- -----�—� ---fl END LINE.GDAL ; END ZONE J ♦ J ♦ O iL ♦ V. O , 1 1 1 — 3 -YARD LINE Cn PYLON , ; o 9 YDS. , o tv a � O M 1 1 O Q O O i rn O CEJ .W O to U V CN3 cc M C.1 LS L O 2 YOS� OF MORE C ,M 1 1 1 1.1 ►-53'4" 4 , C= N : 0 3 -YARD LINE X. — END ZONE 5 YDS. OR MORE -------------------- ------------- UPRIGHT AT LEAST 20' HIGH Striping: $510.00 1 100 Yd. Full field Layout and stripe, paint included Re -Striping: $360.00 1 Including paint October 1, 2015 CITY OF MILTON 13000 Deerfield Parkway Suite 107F Milton, Georgia 30004 RE: Milton Parks and Recreation Maintenance Program for Bell Memorial Park I would like to thank you for this opportunity to submit a bid for the Maintenance Program at Bell Memorial Park. We continue to enjoy our relationship with the City of Milton on many projects completed and ongoing, and feel that we can provide the type of quality service you demand and expect. Over the years, Tri Scapes has constructed more than 50 sports fields and maintained numerous athletic facilities and parks throughout Georgia. We currently maintain over 150 acres of turf grass. Our accomplishments can be attributed to our belief that successful business leaders must first build relationships. Our management team combines over 100 years of sales, installation, maintenance, irrigation and marketing knowledge in the landscape industry. We take immense pride in delivering value, quality and reliability with our service offerings and strive to provide the same One -on -One personal service that allowed us to grow from the beginning. In addition to the qualification information, please refer to the USB drive attached on the ring of this binder for a visual display of recent Sports Field and Park projects we have installed or continue to maintain. As you will see, we have the capability to manage a project from start to finish. Thank you again for your time. Sincerely, Terry Teakell Vice President 1595 Peachtree Parkway, Suite 204-396, Cumming, Georgia 300411 Phone: 770-752-4698 1 Fax: 770-752-6792 General Company Information and Overview Tri Scapes, Inc. (TSI) has been servicing the Georgia market since 1993 as an all-inclusive commercial contracting company who has successfully managed over $60 million in commercial construction projects. We pride ourselves on being a multifaceted operation that provides one stop shopping for clients. As a licensed General Contractor, Tri Scapes is capable of providing these services and managing any project with the professionalism that clients demand and expect. Tri Scapes head quarters is located in Alpharetta, GA with a second Coastal Division just outside of Savannah in Midway, GA. TSI services clients all over the southeast and can successfully complete any project from inception to construction to maintenance. No job is too small or large for our skilled staff of landscaping, construction and maintenance professionals. Core Competencies & Key Differentiators • Extensive Experience • Commitment to Excellence • Effective Communication • Commitment to Training & Job Site Safety • Multifaceted Operation • Bonding Capacity • Certified WBE Supplier • Owner Operated Services Offered A. CONSTRUCTION DIVISION C. UTILITY DIVISION • Landscape Construction 0 Comprehensive Vegetation • Hardscape Construction Management • Irrigation Installation • Bare Ground Treatment • Sportsfield Construction 0 Site Services • Bioretention Construction 0 Emergency Storm Work • Stump Grinding & Chipping B. MAINTENANCE DIVISION • Reforestation & Food Plots • Grounds Maintenance 0 Debris Removal • Irrigation Maintenance • Chemical Side Trim & Growth • Turf Care Regulating • Certified Arborist Consulting • ROW Restoration & Easement Mitigation Services For more information on our services visit: www.triscapes.com Experience & Qualifications Tri Scapes is now in its 22"d year of business and has successfully completed over $60 million in commercial contracts with owners Rebecca (CFO) & Quinn Martin (CEO) overseeing daily operations. Named in Atlanta Business Chronicle's list of "Top 20 Commercial Landscaping Companies in GA" every year since 2008 and has successfully climbed in the ranks each year. • Awarded the Forsyth County "Small Business of the Year" award for 2011. • TSI has proudly serviced clients such as City of Alpharetta Parks and Recreation, City of Gainesville, City of Milton, GA Power, Costco, Hines Construction, Turner Construction, Sawnee EMC, GICC, and City of Stone Mountain and believes in maintaining long standing relationships with clients by building trust through commitment to excellence. • Our staff of highly trained individuals holds over 40 certifications including Licensed General Contractor (#GCCO003381), Certified Pesticide Applicators License Category 24, 26 & 27, Georgia Certified Landscaper, Certified Arborist, & WBENC. • Maintains superb safety record on job sites- Current Experience Modification Rating- .86. References & Testimonials • "Tri Scapes has always been extremely responsive to the needs of the City and their work is always of the highest quality. They work very diligently to ensure their projects stay on schedule and within budget constraints" -Barry Amos- City of Stone Mountain- City Manager (770-498-8984) • "The excellence of Tri Scapes service is not limited to execution. They have provided reliable services to Hines and have exceeded our expectations in maintaining the best interest of our projects throughout the design, specification, and tree/planting selection phases." - Mary Hill- Hines Construction -Vice President (770-265-5644) • "In 20 years of working in managing large scale landscaping projects, I find it rare to get to work with as capable a team player as Tri Scapes. Their willingness to "go the extra mile" was evident throughout the whole project." - Martin Haber- Roy Ashley & Associates- Principal (404-803-5447) • "Tri Scapes installed all of the landscaping and irrigation as a sub -contractor for the new Georgia International Convention Center and Gateway Center Hospitality Campus. Working with them was a pleasure and their team did an excellent job of responding to any and all items of concern." - Hugh Austin- Georgia International Convention Center —Executive Director ( 770-907-3086) Additional References • Wesley Martin with Jake Martin & Son Contractors - Project: 141h Street Bridge (770-531-0014) • Robert Baird with Turner Construction - Project: 1180 Peachtree Hi -Rise (404-504-8388) • Nathan Reece with Gray Construction - Project: Costco (205-994-5952) Financials: Gross Sales • 2009 $5,689,089 • 2012 $7,900,000 • 2010 $6,206,485 • 2013 $8,100,000 • 2011 $6,319,211 0 2014 $7,677,533 • Tri Scapes, Inc. established in Forsyth County, Georgia, October 26, 1993 • Local owners, Quinn & Rebecca Martin, with over 50 years combined industry experience • Forsyth County Business License #9400704 • Licensed General Contractor #GCCO003381 • 2014 Gross Sales $8 million • Management team combined over 100 years industry experience • Current Work on Hand -$4,500,000 • Certified Drug Free Workplace • E -Verify Contractor since 2008 —E -Verify #123689 • Named as a Top 10 Commercial Landscape Company by Atlanta Business Chronicle every year since 2012 • Certificate of Qualification as Georgia DOT Contractor up to $14,500,000 • Bonding Capacity: Aggregate $22,000,000, Single Project $9,500,000 • Current Experience Modification Rating (EMR) .86 • Current OSHA Incident Rate 0 • Comprehensive Safety Training/Education as well as Mandatory Weekly Safety Meetings • Active member Forsyth County Chamber of Commerce • Named Forsyth County Small Business of the Year for 2011 0 $600,000 LOC -Current availability $600,000 Certifications & Memberships Terry Teakell • Georgia Certified Nurseryman #293 • ISA Certified Arborist #SO -6195A • ISA Certified Arborist/Utility Specialist #SO-6195AU • ISA Tree Risk Assessment Qualification • Professional Member International Society of Arboriculture • Member Georgia Arborist Association • Certified Landscape Irrigation Auditor #74192 • Certified Sports Turf Grass Manager (UGA) • EPA Water Sense Partner • Georgia Certified Pesticide Applicator #08911 Cat 24, 26 & 27 • Georgia Power ITS Certified • First Aid CPRJAED Certified Ryan Hogan • Bachelor of Science in Landscape Horticulture • General Contractor Qualifying Agent License • 30 hour OSHA Certification • Level 1 A Erosion Control Certification • Certified Pervious Concrete Technician Michelle Cofer • Georgia Certified Landscape Professional • Certified Pesticide License Category #24 • First Aid CPRJAED Certified Jorge Macias • Georgia Utility Facility Protection Act Training • GA Power ITS Certified • Certified Highway & Utility Flagger Manuel Macias • Level 1A Erosion Control Certification • GA Power ITS Certified • Certified Highway & Utility Flagger Ivan Martinez • Ewing Irrigation Educational Workshop • Calsense Certified • Georgia Utility Facility Protection Act Training • GA Power ITS Certified • Certified Highway & Utility Flagger • Trench and Excavation Competent Person Certification • First Aid CPRJAED Certification Ryan Page • Certified Pesticide License Category #24 Georgia Utility Facility Protection Act Training Jose Arellano Mitzi Chambers Luis Lopez J. Manual Morales Flavio E. Moreno Isac Esparsa Munos Fidel Rojas Miguel Vasquez Certified Highway & Utility Flaggers Jose Arellano Isac Esparza Jorge Macias Manuel Macias Ivan Martinez Jose Luis Morales Juan Manuel Morales Flavio E. Moreno Fidel Rojas Roberto M Silva Miguel Cabana Vasquez Defensive Driver Training Jose Arellano Ryan Hogan Jorge Macias Manuel Macias Adelaido Mijangos Marco Morga Ryan Page Phillip Rapciewicz Heidi Roper Terry Teakell 1" Aid CPRIAED Certification Fidel Rojas Flavio Moreno Roberto Munoz Terry Wright Other affiliations: Drug Free Workplace Member Forsyth County Chamber of Commerce Member General Contractor License Georgia Agribusiness Council Georgia Chamber of Commerce Member National Women's Business Enterprise Certification (WBENC) Urban Agriculture Council Georgia (UAC)/formerly MALTA References Gainesville Parks & Recreation Sixteen properties throughout Gainesville June 2014 - Current Jeff Morrison — Parks Division Manager 678-776-9453 City of Alpharetta Recreation & Parks Sixteen parks including sports fields and common areas January 2012 —Current Mike Perry—Director 678-297-6100 Stone Mountain Park Seventeen properties within Stone Mountain Park January 2013 — Current Frank Davis—Grounds Maintenance Supervisor 770-413-S240 Various Projects for the City of Milton Northwestern Middle School Field Renovation Northwestern Middle School Practice Field Expansion Rectangular Athletic Field Re -Sodding Friendship Community Park Vehicle Gate 2013 — Present Jim Cregge, CYSA— Director of Parks and Recreation 678-242-2489 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Tri Scapes, Inc. 1595 Peachtree Pkwy #204-396 Cumming GA. 30041 as Principal, hereinafter called the Principal, and One Hartford Plaza, Hartford Connecticut 06155 (Here insert full name and address or legal title of Contractor) Hartford Fire Insurance Company (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of CT as Surety, hereinafter called the Surety, are held and firmly bound unto City of Milton, Georgia Deerfield Parkway Milton GA (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Five Per Cent of Amount Bid Dollars($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, Kecutors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid Bell Park Turf Maintenance (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 1st (Witness) (Wit ess) day of October 2015 Tr . apes, Inc ? ^ / (Princip I) -(Seal) �/6eCcG �✓�LQ` I tle) i) Hartford Fi/e Insurance Oomoanv ugrl�!y Lacley , Attorney -in -Fact A310 - BID BOND - AIA 310 - FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 ®Direct Inquiries/Claims to: i ER. OF THE HARTFORD laza Hartford, Connecticut 06155 call. 888-266-3488 orfax: 860-757-5835) KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 20-262197 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana i^ l Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited Robert J. Ryan of Atlanta GA, Marilyn Brown, Keith H. Dillon, Joy Dooley, Angie E. Ferguson, Emmett H. Hall, Carrie J. Key, Christy Lackey, John Langsfeld, Fred R. Mitchell, Madalyn H. Seiffert, William H. Skeeles, Rita L. Smith, Carolyn F. Smith, Billie Jo Whitehead of ATLANTA, Georgia their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009, the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. V�pttr eor[[, S. i' V,4rrn t'�c .p.•• g ^:��c r4i n 2. _� J�co -_ :i,�caalwrtRp •r" A w'"-;�. � ^l� x [[[,cv f,� � �rataN* � ��' • 87 �r�e �oiy Zy78 cf John Gray, Assistant Secretary STATE OF CONNECTICUT Iss. Hartford COUNTY OF HARTFORD M. Ross Fisher, Vice President On this 12th day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ��iT..tEty •e.. _L Y �r•"[l 9p� 1�`W,V—`•Vv J �1i�r �� Kathleen T. Maynard CERTIFICATE Notary Public My Commission Expires July 31. 2016 I, the undersigned, Vice President of the Companies, DO HEREBY CERTIFY th t the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of 16- 1 Signed and sealed at the City of Hartford. w'�rr t t,LYY 1#tG,p �>�� tlt:L 7x F\�EfS,r N=SU+�j- tGc tO� wv4�t O�}*a°qr T'F� P :.tw•.t� r[:,: � L4E Y �9 p,.."""'ro`� a'?l,.tcrn4'mE^, ,x „,r waw,trcp _ '� " e�\[ Ylt[t,GV[,� �rbl•M�e - .1075 �� t=; ZD79 f lu :[T`C � _ / .� ,a� `•�� .,%^'�i i'+�,_.•^,r�"' 199 r . Tr '� o-•-\�\' {�f'°R,•T*°`Y yYA :11`Ek • }M ,'�'•n [<tt�s',,t['� 'hoia.�' 0;3,•��.�""i` Kevin Heckman, Assistant Vice President POA 2012 d W to W N Q W M M Z O 41 co = L cn cn Q J QZ X 3 0 W Z cn W a U co X� Q Z J J D 0 0 0 co cn W 0 H W W cn W m Z W N Z W U_ J cn co W Z U) D m W Z O U) U) W Z N D m 2 C� FS m mi M L C3 Jl� LO cq C) m cq r -- C6 C) C LO cq I - yam; td CD 0) C\l CD 0) CD co ti CN il- CD CD co C) m 0) rn 00 rl_ Cl) "0 a) 0 �o C) 0 U) CO z z D • • - i { i 1 mom _F r' ti 1 v P' J L v N N O O r 'l. L f c, Ak Tri Scapes SECTION 5: COST PROPOSAL Cost Proposal can be found in the separate sealed envelope addressed to the City of Milton 1595 Peachtree Parkway, Suite 204-396, Cumming, Georgia 300411 Phone: 770-752-4698 1 Fax: 770-752-6792 SECTION 5: COST PROPOSAL MILTON,,,,.. MUST BE RETURNED WITH PROPOSAL IN A SEPARATE SEALED ENVELOPE One (1) original and four (4) 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 5.0. Print/Type Company Name Here: Tri Scapes, Inc. 15-PR04 FYI Milton Parks and Recreation Maintenance Program for Bell Memorial Park Bell Memorial Pricing Sheet Regular Field Maintenance $66,820 Includes: Inspect fields Trash Removal Mow and weedeat fields Drag infields Line Natural fields Sweep artificial fields Clean & sterilize artificial fields Inspect & Repair field fencing Turfcare $5,506 Includes: All chemical applications Seasonal Field Maintenance $26,800 Includes: Aeration Sod cut and box scrape lips Conditioner/Drying Agent Sodding Topdress Fire up/ Shut down & Repair Irrigation Add infield clay Annual Total $99,126 Requested Additional Pricing Irrigation Parts Mark up is Cost plus 10% Cost for (1) man in a truck is $45.00 per hour Field painting/per field/per event Full field including paint $510.00 Re -striping including paint $360.00 TerryTeakell, Vice President ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 15-PR04 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, GA 30004 Phone: 678-242-2507 Fax: 678-242-2499 Email: honor.motes(a�cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: Tri Scapes, Inc. CONTACT PERSON: Terry Teakell ADDRESS: 1595 Peachtree Parkway, Suite 204-396 CITY: Cumming STATE: Georgia ZIP: 30041 PHONE: 770-752-4698 FAX: 770-752-6792 EMAIL ADD S . terrypatriscapes.com 09/22/15 Signature Date ADDENDUM #1 RFP 15-PR04 Addendum #1 Pagel of 4 EXHIBIT "C" INSURANCE CERTIFICATE =9 CERTIFICATE OF LIABILITY INSURANCEDATE (MMIDDfYY-YY) 11)/27/2015 l0/27/2ols THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE HOLDER. THIS CERTIFICATE TE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED DED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING IN AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Angie FergusonNAME: g PointeNorth Insurance Group, LLC PHONE (770)858-7540 FAX PO Box 724728 / (A/C, No: (770)858-7545 ADDRESS:aferguson@pointenorthins.com 12/1/2014 INSURER S) AFFORDING COVERAGE NAIC # Atlanta GA 31139 INSURERA:Association Casualty Insurance A- 35629 INSURED Tri SInc. Martin INSURER B :Columbl.a National Insurance Co A- 19640 INSURER CMrid efield Casual Insurance Co. A 10335 Peach 1595 Peachtree Pkwy #204-396 INSURER D: INSURER E; Cumming GA 30041 INSURERF: COVERAGES (`GDTIC(f`ATC SII II 1�cn.rr - - - �- ----�---� MtVIs1UN NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I ADDL UBR LTR TYPE OF INSURANCE I WV POLICY NUMBER MMIDDY� MM ODYN I LIMITS X COMMERCIAL GENERAL LIABILITY A CLAIMS -MADE [i] OCCUR X Y CMPGA0000103106 12/1/2014 12/1/2015 EACH OCCURRENCE $ 1,000,000 _R PREMISES occurrenceS 300,000 MED EXP (Any one person) S 10,000 PERSONAL &ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: LOC POLICY JECT GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG S 2,000,000 OTHER: S B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS X Y CAPGA0000030032 12/1/2014 12/1/2015 COMBINED SINGLE LIMIT Ea accident S 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S PROPERTY DAMAGE Per accident S 9002 S 11 B C X I UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE N / A Y CUPGA25024 196-39249 12/1/2014 7/1/2015 12/1/2015 7/1/2016 EACH OCCURRENCE S 5,000 000 AGGREGATE S 5,000,000 DED X RETENTIONS 10,000 WORKERS COMPENSATION EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVEEXCLUDED? OFFICER/MEMBER EXCLUDED? ❑ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below S X STATUTE STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT S 1,000,000 A INLAND MARINECMPGA0000103106 12/1/2014 12/1/2015 LEASED/RENTED 35,000 INSTALLATION FLOATER 100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) MILTON PARKS AND RECREATION MAINTENANCE PROGRAM FOR BELL MEMORIAL PARK ('FRTIGir ATF unl nr_D Jim.Cregge@cityofmiltonga. City of Milton Director, Parks and Recreation Jim Cregge 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE lliam Skeeles/FN2 /-� v l V00 -LV I4 At L)KU UUKPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 (201401) CA -500 (7-09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO PREMIER ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. COVERED AUTOS SECTION I — COVERED AUTOS, Paragraph C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos is amended by adding the following: If Physical Damage Coverage is provided under this Coverage form for an "auto" you own, the Physical Damage coverages provided for that owned "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto' you own that is out of service because of its breakdown, repair, servicing, "loss", or destruction. B. LIABILITY COVERAGES SECTION II — LIABILITY COVERAGE in Paragraph A. Coverage, 1. Who Is An Insured is amended to include the following: d. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. e. Any organization that is acquired or formed by you, during the term of this policy and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (1) That is a joint venture or partnership, (2) That is an "insured" under any other policy, (3) That has exhausted its Limit of Insurance under any other policy, or (4) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an accident that occurred before you formed or acquired the organization. Any employee of yours while acting in the course of your business or your personal affairs while using a covered "auto' you do not own, hire or borrow. CA -500 (7-09) Page 1 of 7 CA -500 (7-09) g. Any person or organization whom you are required to add as an additional insured on this policy under a written contract or agreement; but the written contract or agreement must be: (1) Currently in effect or becoming effective during the term of this policy; and (2) Executed prior to the "bodily injury" or "property damage". The additional insured status will apply only with respect to your liability for "bodily injury" or "property damage" which may be imputed to that person(s) or organization(s) directly arising out of the ownership, maintenance or use of the covered "autos" at the locations(s) designated, if any. Coverage provided by this endorsement will not exceed the limits of liability required by the written contract or written agreement even if the limits of liability stated in the policy exceed those limits. This endorsement shall not increase the limits stated in Section II. C. Limit of Insurance. For any covered "auto" you own, this Coverage Form provides primary coverage. SECTION II — LIABILITY COVERAGE in Paragraph A. Coverage, 2. Coverage Extensions, a. Supplementary Payments is amended to replace the following: (2) We will pay up to $2,500 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) We will pay all reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day, because of time off from work. SECTION II — LIABILITY COVERAGE in Paragraph B. Exclusions, 6. Care, Custody Or Control is amended by adding the following: This Care, Custody Or Control exclusion does not apply to property not owned by any "insured", subject to the following: a. The most we will pay under this exception for any one "accident" is $1,000; and b. A deductible of $500 per "accident" applies to this exception. C. PHYSICAL DAMAGE COVERAGES SECTION III — PHYSICAL DAMAGE COVERAGE Coverage is amended as follows: Paragraph 2. Towing under A. Coverage is replaced with: 2. Towing and Labor We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled. CA -500 (7-09) Page 2 of 7 CA -500 (7-09) (a) For private passenger type vehicles or "light trucks", we will pay up to $75 per disablement. "Light trucks" have a gross vehicle weight (GVVV) of 10,000 pounds or less. (b) For "medium trucks", we will pay up to $150 per disablement. "Medium trucks" have a gross vehicle weight (GVW) of 10,001 lbs. to 20,000 pounds. However, the labor must be performed at the place of disablement. Paragraph 4. Coverage Extensions, a. Transportation Expenses under A. Coverage is amended to provide the following limits: We will pay up to $50 per day to a maximum of $1,500. All other terms and provisions of this section remain applicable. The following is added to 4. Coverage Extensions: C. Theft Recovery Expense If you have purchased Comprehensive Coverage on an "auto" that is stolen, we will pay the expense of returning that stolen auto to you. The limit for this coverage extension is $5,000. d. Rental Reimbursement We will provide Rental Reimbursement and Additional Expense coverage only for those Physical Damage coverages for which a premium is shown in the Declarations or schedule pages. Coverage applies only to a covered "auto" of the private passenger or light truck (10,000 lbs. or less gross vehicle weight) type for which Physical Damage coverages apply. (1) We will pay for auto rental expense and the expense incurred by you because of "loss" to remove and transfer your materials and equipment from a covered "auto" to a covered "auto". Payment applies in addition to the otherwise applicable coverage you have on a covered "auto". No deductible applies to this coverage. (2) We will pay only for expenses incurred during the policy period and beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you, or (b) 30 days. CA -500 (7-09) Page 3 of 7 CA -500 (7-09) (3) Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or (b) $35 per day. (c) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. (d) If "loss" results from the total theft of a covered "auto" of the private passenger or light truck type, we will pay under this coverage only that amount of your rental reimbursement expense which is not already provided for under the SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses. Personal Effects If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for Personal Effects stolen with the "auto". The insurance provided under this provision is excess over any other collectible insurance. For this coverage extension, Personal Effects means tangible property that is worn or carried by an "insured". Personal Effects does not include tools, jewelry, guns, musical instruments, money or securities. f. Audio, Visual and Data Electronic Equipment Coverage We will pay for "loss" to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in a covered "auto" at the time of the "loss" or the equipment is removable from a housing unit which is permanently installed in a covered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto". (1) We will pay with respect to a covered "auto" for "loss" to any accessories used with the electronic equipment described above. However, this does not include tapes, records or discs. (2) In addition to the exclusions that apply to Physical Damage Coverage, with exception of the exclusion relating to audio, visual and data electronic equipment, the following exclusion applies: We will not pay for any electronic equipment or accessories used with such electronic equipment that are: (a) Necessary for the normal operation of the covered "auto" for the monitoring of the covered "auto's" operating system; or CA -500 (7-09) Page 4 of 7 CA -500 (7-09) (b) Both: An integral part of the same unit housing any sound reproducing equipment designed solely for the reproducing of sound if the sound reproducing equipment is permanently installed in the covered "auto"; and Permanently installed in the opening of the dash or console normally used by the manufacturer for the installation of a radio. (3) With respect to this coverage, the most we will pay for all "loss" of audio, visual or data electronic equipment and any accessories used with this equipment as a result of any one "accident' is the lesser of: (a)The actual cash value of the damaged or stolen property as of the time of the "loss"; (b) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or $1,000; minus a deductible of $100. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of loss. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. If there is other coverage provided for audio, visual and data electronic equipment, the coverage provided herein is excess over any other collectible insurance. Paragraph 3. under B. Exclusions is amended by adding the following language: If you have purchased Comprehensive or Collision Coverage under this policy, this exclusion does not apply to mechanical breakdown relating to the accidental discharge of an air bag. This coverage applies only to a covered auto you own and is excess of any other collectible insurance or warranty. No deductible applies to this coverage. Paragraph C. Limit of Insurance is amended by adding the following language: 4. In the event of a total "loss" to a covered "auto" shown in the Schedule pages, subject at the time of the "loss" to a loan or lease, we will pay any unpaid amount due on the lease or loan for a covered "auto" less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease / loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; CA -500 (7-09) Page 5 of 7 CA -500 (7-09) (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. Paragraph D. Deductible is amended by adding the following: Any deductible shown in the Declarations as applicable to the covered "auto" will not apply to glass breakage if the damaged glass is repaired, rather than replaced. D. CONDITIONS SECTION IV — BUSINESS AUTO CONDITIONS, Subsection A., Loss Conditions Coverage is amended as follows: The following is added to paragraph 2. Duties In The Event of Accident, Suit or Loss: d. Knowledge of any "accident", "claim", "suit" or "loss" will be deemed knowledge by you when notice of such "accident", "claim", "suit" or "loss" has been received by: (1) You, if you are an individual; (2) Any partner or insurance manager if you are a partnership (3) An executive officer or insurance manager, if you are a corporation; (4) Your members, managers or insurance manager, if you are a limited liability company; or (5) Your officials, trustees, board members or insurance manager, if you are a not-for- profit organization. The following language is added to 5. Transfer of Rights of Recovery Against Others to Us: However, we waive any rights of recovery we may have against the person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is afforded under the policy to which this endorsement is attached. This provision does not apply unless the written contract or written agreement has been executed, or permit has been issued, prior to the "bodily injury" or "property damage". SECTION IV — BUSINESS AUTO CONDITIONS, Subsection B. General Conditions Coverage is amended as follows: The following is added to 2. Concealment Misrepresentation or Fraud: Your unintentional error is disclosing or failing to disclose any material fact existing at the effective date of this Coverage Form, or during the policy period in connection with any additional hazards, will not prejudice your rights under this Coverage Form. CA -500 (7-09) Page 6 of 7 CA -500 (7-09) Paragraph 5.b. of 5. Other Insurance is replaced by the following: b. (1) For "Comprehensive" and "Collision" Auto Physical Damage provided by this endorsement, the following are deemed to be covered "autos" you own: (a) Any covered "auto" you lease, hire, rent or borrow; and (b) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". (2) Limit of Insurance For This Section The most we will pay for any one "loss" is the lesser of the following: (a) $50,000 per accident, or (b) actual cash value at the time of loss, or (c) cost of repair. minus a $500 deductible. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total loss. No deductible applies to "loss" caused by fire or lightning. (3) This Hired Auto Physical Damage coverage is excess over any other collectible insurance. (4) Definitions For This Section (a) Comprehensive Coverage: from any cause except the covered "auto's" collision with another object or the covered "auto's" overturn. We will pay glass breakage, "loss" caused by hitting a bird or animal and "loss" caused by falling objects or missiles. (b) Collision Coverage: caused by the covered "auto's" collision with another object or by the covered "auto's" overturn. E. DEFINITIONS SECTION V — DEFINITIONS, Paragraph C. is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person including death resulting from any of these. The definition of "bodily injury" is amended to include mental anguish resulting from any bodily injury, sickness or disease sustained by a person. CA -500 (7-09) Page 7 of 7 CG -501 (2-13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY PREMIER SUPPLEMENT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following supplemental coverages apply only to contractor classifications covered by this policy: SECTION II —WHO IS AN INSURED The following paragraph is added: 8. Any person or organization whom you have agreed in writing in a contract or agreement, prior to a loss, that such person or organization be added as an additional insured, but only with respect to liability for"bodily injury" or "property damage" caused, in whole or in part, by "your work" for the additional insured and included in the "products -completed operations hazard". With respect to the insurance afforded to these additional insureds, the insurance provided is primary insurance and we will not seek contribution from any other insurance available to the additional insured as long as you and the additional insured have agreed in writing in a contract or agreement executed prior to a loss that such person or organization be added as an additional insured on a primary non-contributory basis. CG -501 (2-13) Page 1 of 1 CG -500 (7-13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY PREMIER ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Paragraph (2) is replaced under 2. Exclusions, g. Aircraft, Auto Or Watercraft by the following: (2) A watercraft you do not own that is: (a) 50 feet or less; and (b) Not being used to carry persons or property for a charge; Paragraph (4) is replaced under 2. Exclusions, j. Damage To Property by the following: (4) Personal property in the care, custody or control of the insured. However, coverage for personal property in the care, custody or control of the insured will be covered up to $10,000 per "occurrence" subject to a $1,000 per claim deductible. The aggregate limit for this coverage is $20,000. The following paragraph is added to 2. Exclusions, j. Damage To Property: This exclusion does not apply to "property damage" arising out of water damage to premises that are both rented to and occupied by you. The most we will pay for water damage to the premises, however, is $25,000. This amount shall not be in addition to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. The following is added to 2. Exclusions, n. Recall Of Products, Work Or Impaired Property: This exclusion does not apply to "product recall expenses" that you incur for the "covered recall" of "your product". However, the following additional exclusions apply to "product recall expense": (1) Failure of any products to accomplish their intended purpose; (2) Breach of warranties of fitness, quality, durability or performance; (3) Loss of customer approval, or any cost incurred to regain customer approval; (4) Redistribution or replacement of "your product" which has been recalled by like products or substitutes; (5) Caprice or whim of the insured; (6) A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance; (7) Asbestos, including loss, damage or clean-up resulting from asbestos or asbestos containing materials; (8) Recall of "your products" that have no known or suspected defect solely because a known or suspected defect in another of "your products" has been found; (9) "Bodily injury" or "property damage"; (10) Any actual or alleged violation of any copyright, patent, trade dress, trademark, trade name, trade secrets, or any other intellectual property right laws; or (11) "Product recall expenses" you incur for "your products" which are excluded from any other insurance written by this company. The most we will pay for "product recall expense" arising out of the same defect or deficiency is $25,000 per occurrence. CG -500 (7-13) Page 1 of 8 CG -500 (7-13) The last paragraph under 2. Exclusions is replaced by the following: With respect to the premises while rented to you or temporarily occupied by you with permission of the owner, Exclusions c., d., e., g., In., j., k., I., m., and n. do not apply to "property damage'. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. SECTION I — SUPPLEMENTARY PAYMENTS — COVERAGES A AND B The following is revised: 1.b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 1.d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. SECTION II —WHO IS AN INSURED Paragraph 3. is replaced by the following: 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180 day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage' that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization; d. "Product recall expense' does not apply to "product recall expenses" arising out of any withdrawal or recall that occurred before you acquired or formed any organization; and e. If you are engaged in the business of construction of dwellings three stories or less in height, or other buildings three stories or less in height and less than 25,000 square feet in area, you will also be an insured with respect to "your work" only, for the period of time described above, for your liability arising out of the conduct of any partnership or joint venture of which you are or were a member, even if that partnership or joint venture is not shown as a Named Insured. But, this provision only applies if you maintain or maintained an interest of at least 50 percent in that partnership or joint venture for the period of that relationship. This provision does not apply to any partnership or joint venture that has been dissolved or otherwise ceased to function for more than 36 months. This coverage extension will be excess over any other coverage, on any basis, available to the insured, and will be subject to the Other Insurance provisions of this policy for Excess Insurance. The following paragraphs are added: 4. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. CG -500 (7-13) Page 2 of 8 CG -500 (7-13) However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. b. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment fumished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to the insurance afforded to these additional insureds the following is added to Section III — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance; a. Required by the contract or agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance show in the Declarations. 5. Any person(s) or organization(s) (referred to below as vendor) but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. However: a. The insurance afforded to such vendor only applies to the extent permitted by law; and b. If coverage provided to the vendor is required by a contract by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. CG -500 (7-13) Page 3 of 8 CG -500 (7-13) With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Sub -paragraphs (4) or (6); or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products_ b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. With respect to the insurance afforded to these additional insureds the following is added to Section III — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance; a. Required by the contract or agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance show in the Declarations. 6. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organizations) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG -500 (7-13) Page 4 of 8 CG -500 (7-13) A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. With respect to the insurance afforded to these additional insureds the following is added to Section 111— Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance; a. Required by the contract or agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance show in the Declarations. 7. Any person(s) or organization(s) but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of any person or organization. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds the following is added to Section III — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance; a. Required by the contract or agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance show in the Declarations. SECTION III — LIMITS OF INSURANCE The following paragraphs are replaced by the following: 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" and "product recall expense". 6. Subject to 5. above, the Damage To Premises Rented To You Limit of $300,000 is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you or temporarily occupied by you with permission of the owner. 7- Subject to 5. above, the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person is $10,000. CG -500 (7-13) Page 5 of 8 CG -500 (7-13) Coverage is amended to include the following: Designated Location General Aggregate Limit For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences' under Coverage A (SECTION 1), and for all medical expenses caused by accidents under Coverage C (SECTION 1), which can be attributed only to operations at a single designated 'location": a. A separate Designated Location General Aggregate Limit applies to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. This Designated Location General Aggregate Limit will apply, however, only when a written contract exists requiring the General Aggregate Limit to apply per "location". b. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under Coverage C regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits". c. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated "location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated `location". d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences' under Coverage A (SECTION 1), and for all medical expenses caused by accidents under Coverage C (SECTION 1), which cannot be attributed only to operations at a single designated "location": a. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Designated Location General Aggregate Limit. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not the General Aggregate Limit nor the Designated Location General Aggregate Limit. For the purposes of Designated Location General Aggregate Limit, the Definitions Section is amended by the addition of the following definition: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only be a street, roadway, waterway or right-of-way of a railroad. The provisions of Limits Of Insurance not otherwise modified shall continue to apply as stipulated. Designated Construction Project General Aggregate Limit For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences' under Coverage A (SECTION 1), and for all medical expenses caused by accidents under Coverage C ( SECTION 1), which can be attributed only to ongoing operations at a single designated construction project: a. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. This Designated Construction Project General Aggregate Limit will apply, however, only when a written contract exists requiring the General Aggregate Limit to apply per designated construction project. CG -500 (7-13) Page 6 of 8 CG -500 (7-13) b. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under Coverage C regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits". c. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project. d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A (SECTION 1), and for all medical expenses caused by accidents under Coverage C (SECTION 1), which cannot be attributed only to ongoing operations at a single designated construction project: a. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. The provisions of Limits Of Insurance not otherwise modified shall continue to apply as stipulated. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS The following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit: You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expenses": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance; (3) As often as may be reasonably required, permit us to inspect "your product" and examine your books and records to prove the loss. Also permit us to take damaged and undamaged samples of "your product" for inspection, testing, and analysis, and let us make copies of your books and records. (4) Send us a signed, sworn, proof of loss containing the information we requested to settle the claim. You must do this within 60 days after our request. We will supply you with the necessary forms; and (5) Permit us to examine under oath, away from the presence of other insureds, at such times as may reasonably be required, about any matter, relating to this insurance or your claim, including any insured's books and records in the event of an examination. An insured's answers must be signed. CG -500 (7-13) Page 7 of 8 CG -500 (7-13) (6) Cooperate with us in the investigation or settlement of the claim. Coverage is amended to include the following: Unintentional Failure to Disclose All Hazards Based on our reliance on your representations as to existing hazards, if you unintentionally should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. Liberalization If we revise this Coverage Part to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. Transfer of Rights of Recovery Against Others to Us We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver, however, applies only when required to waive such right of recovery by written contract with that person or organization. Knowledge Of Occurrence, Claim, Suit Or Loss The requirements for reporting and sending claim or "suit" information to us, including provisions related to the subsequent investigation of such claims or "suits," do not apply until after the "occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (S) An "executive office" or insurance manager, if you are a corporation; (4) Your members, managers or insurance manager, if you are a limited liability company; or (5) Your elected or appointed officials, trustees, board members, or your insurance manager if you are an organization other than a partnership, joint venture, or limited liability company. SECTION V— DEFINITIONS The following are added to SECTION V — DEFINITIONS: "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has resulted or will result in "bodily injury" or "property damage". "Product recall expense" means necessary and reasonable expenses for: a. Communications, including radio or television announcements or printed advertisements including stationery, envelopes and postage; b. Shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; c. Remuneration paid to your regular "employees" for necessary overtime; d. Hiring additional persons other than your regular "employees"; e. Expenses incurred by "employees" including transportation and accommodations; f. Expense to rent additional warehouse or storage space; g. Disposal of "your product", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or "property damage" as a result of such disposal; you incur exclusively for the purpose of recalling "your product"; and h. Transportation expenses incurred to replace recalled products. CG -500 (7-13) Page 8 of 8 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule *Blanket Waiver of Subrogation Applies* This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Date Prepared: July 7, 2015 Carrier: Bridgefield Casualty Insurance Company Effective Date of Endorsement: July 1, 2015 Policy Number: 196-39249 Insured: Tri Scapes, Inc. WC 00 03 13 (Ed. 4-84) Countersigned by: "Includes copyright material of the National Council on Compensation Insurance, Inc. used with its permission. Copyright 1984 NCCI" 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: /g3&'g i eVerify Number Date of Authorization TRI SCAPES, INC. Name of Contractor MILTON PARKS AND RECREATION MAINTENANCE PROGRAM FOR BELL MEMORIAL PARK 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 Ute, , 2015 in U`r""�(city), 6*— (statel. Q' -11114m' / t 10-i Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 2J,41 DAY OF (64tGber ,2015 NOTA -P,_ _ _% ....: " -% Z_ .• A5ALltt�p s' My Conon i� bn A res�L'.� /��� %- 11181111% NJA- STATE OF GEORGIA CITY OF MILTON EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with TRI SCAPES, 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 MILTON PARKS AND RECREATION MAINTENANCE PROGRAM FOR BELL MEMORIAL PARK Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , _, 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 201 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: HOME OF `7HE BEST <... . MILTONft FSTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 27, 2015 FROM; City Manager AGENDA ITEM: Approval of a Proclamation Recognizing World Pancreatic Cancer Day MEETING DATE: Monday, November 2, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: XAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. () YES XNO CITYATTORNEYREVIEWREQUIRED: (} YES ''\ NO APPROVAL BY CITY ATTORNEY () APPROVED () NOTAPPROVED PLACED ON AGENDA FOR: I�o2 I� REMARKS © * Youm ?"' *** PHONE: 678.242.25001 FAX: 678.242.2499 cm ''Green 'S *Cerufied* Infaftityofmittonga.us I www.cItyofmllfonga.us WI Community EIh; 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 World Pancreatic Cancer Day WHEREAS, in 2015, an estimated 48,960 people will be diagnosed with pancreatic cancer in the United States and 40,560 will die from the disease; and WHEREAS, pancreatic cancer is one of the deadliest cancers, is currently the fourth leading cause of cancer death in the United States and is projected to become the second by 2020 and is the 7th most common cause of cancer-related death in men and women across the world; and WHEREAS, when symptoms of pancreatic cancer present themselves, it is late stage, and 73 percent of pancreatic cancer patients die within the first year of their diagnosis while 94 percent of pancreatic cancer patients die within the first five years; and WHEREAS, approximately 1,040 deaths will occur in Georgia in 2015 and there will be an estimated 367,000 new pancreatic cancer cases diagnosed globally in 2015; and WHEREAS, the Pancreatic Cancer Action Network is the national organization serving the pancreatic cancer community in the City of Milton and nationwide through a comprehensive approach that includes public policy, research funding, patient services, and public awareness and education related to developing effective treatments and a cure for pancreatic cancer; and WHEREAS, the Pancreatic Cancer Action Network and its affiliates in the City of Milton support those patients currently battling pancreatic cancer, as well as to those who have lost their lives to the disease, and are committed to nothing less than a cure; and WHEREAS, the good health and well-being of the residents of the City of Milton are enhanced as a direct result of increased awareness about pancreatic cancer and research into early detection, causes, and effective treatments. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, Georgia hereby dedicate and proclaim November 13th as “World Pancreatic Cancer Day” in the City of Milton and call this observance to the attention of all of our citizens. Given under my hand and seal of the City of Milton, Georgia on this 2nd day of November, 2015. ______________________ Joe Lockwood, Mayor HOME OF' FSTARl_ISfIFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 22, 2015 FROM: City Manager AGENDA ITEM: Proclamation Recognizing Veterans Day 2015. MEETING DATE: Monday, November 2, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: K APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES CITY ATTORNEY REVIEW REQUIRED. () YES O NOT APPROVED NO NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR.- REMARKS OR.REMARKS ©Your *** PHONE: 678.242.25001 FAX: 678.242.2499 Cfeen *Ccrtifed* Community info@cityofmiltonga.usIwww.cityofmiltonga.us ""�'�' F1 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Veterans Day 2015 WHEREAS, it has long been our custom to commemorate November 11, the anniversary of the ending of World War I, by paying tribute to the heroes of that tragic struggle and by rededicating ourselves to the cause of peace; and WHEREAS, in the intervening years the United States has been involved in several other great military conflicts, which have added millions of veterans living and dead to the honor rolls of this Nation; and WHEREAS, the Congress passed a concurrent resolution on June 4, 1926 (44 Stat. 1982), calling for the observance of November 11 with appropriate ceremonies, and later provided in an Act approved May 13, 1938 (52 Stat. 351), that the eleventh of November should be a legal holiday and should be known as Armistice Day; and WHEREAS, in order to expand the significance of that commemoration and in order that a grateful Nation might pay appropriate homage to the veterans of all its wars who have contributed so much to the preservation of this Nation, the Congress, by an Act approved June 1, 1954 (68 Stat. 168), changed the name of the holiday to Veterans Day: NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby call upon all of our citizens to observe Wednesday, November 11, 2015, as Veterans Day. On that day let us solemnly remember the sacrifices of all those who fought so valiantly, on the seas, in the air, and on foreign shores, to preserve our heritage of freedom, and let us consecrate ourselves to the task of promoting an enduring peace so that their efforts shall not have been in vain. Given under my hand and seal of the City of Milton, Georgia on this 2nd day of November 2015. _____________________________ Joe Lockwood, Mayor HOME OF ' e FSTABI.IS) i F.D 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 22, 2015 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services within the City of Milton. MEETING DATE: Monday, November 2, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: k APPROVED () NOT APPROVED CITYATTORNEY APPROVAL REQUIRED. �j YES ()NO CITY ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY CITY ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR: y Z ( S REMARKS ©' Yaum *** PHONE: 678.242.25001 FAX: 678.242.2499 Green *a,,f�d* 1�ILhI,IFF info@cifyofmlltonga.us www.cityofmiltonga.us Community 13000 DeerFeid Parkway, Suite 107 1 Milton GA 30004 _ "-" �'0' To: Honorable Mayor and City Council Members From: Michele McIntosh-Ross, Principal Planner Date: Submitted on October 23, 2015 for the November 2, 2015 Regular Council Meeting for First Presentation and November 16, 2015 for Unfinished Business Agenda Item: Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services within the City of Milton; Providing for the Scope and Nature of the Operation; Providing for the Disposal of Garbage, Solid Waste and Refuse; Requiring the Execution by Service Providers of a Non-Exclusive Agreement with the City of Milton; Providing Procedures for the Handling of Complaints; Providing for an Infrastructure Maintenance Fee; Requiring Indemnity Insurance; Providing for Revocation and Amendment; Prohibiting Assignment and Subletting without Consent; Providing for Forfeiture; and for Making Other Provisions. ____________________________________________________________________________ Department Recommendation: Re-affirm the ordinance with no changes approving and establishing the regulation of solid waste collection services within the City of Milton, and direct City Staff to facilitate the contracting of such services to providers currently in operation and those who may become in operation. Executive Summary: The original ordinance was passed on November 21, 2006 and has been approved each successive year since its original enactment. The City’s authority to enter into solid waste franchise agreements originates from this ordinance. This ordinance requires approval each year in order to continue the enforcement of our solid waste franchise agreements. The following companies are on the current list of approved haulers: Advanced Disposal Allegiance Sanitation American Disposal Arrow Waste Custom Disposal Grogan Disposal GW Lovelace Henry Edward Kincaid M&M Waste Republic Services Sanitation Solutions Waste Management Waste Pro Page 2 of 2 Funding and Fiscal Impact: The ordinance contains the requirement for an infrastructure maintenance fee to be paid to the city quarterly in the amount of 5% of gross revenues. As of October 23, 2015 the revenue collected was $77.050.26. The FY15 third quarter payments are due November 15, 2015, after which we will have the totals for FY 2015. Alternatives: If not approved, the City would lose its authority to regulate solid waste collection within our corporate limits and the ability to collect franchise fees for the same activity, with the accompanying loss of revenue. Legal Review: N/A Concurrent Review: Chris Lagerbloom, City Manager Kathleen Field, Community Development Director Attachment(s): Solid Waste Ordinance STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 1 of 22 AN ORDINANCE REAFFIRMING AND ESTABLISHING CHAPTER 46 OF THE MILTON CODE OF ORDINANCES GOVERNING SOLID WASTE COLLECTION SERVICES WITHIN THE CITY OF MILTON; PROVIDING FOR THE SCOPE AND NATURE OF THE OPERATION; PROVIDING FOR THE DISPOSAL OF GARBAGE, SOLID WASTE AND REFUSE; REQUIRING THE EXECUTION BY SERVICE PROVIDERS OF A NON-EXCLUSIVE AGREEMENT WITH THE CITY OF MILTON; PROVIDING PROCEDURES FOR THE HANDLING OF COMPLAINTS; PROVIDING FOR AN INFRASTRUCTURE MAINTENANCE FEE; REQUIRING INDEMNITY INSURANCE; PROVIDING FOR REVOCATION AND AMENDMENT; PROHIBITING ASSIGNMENT AND SUBLETTING WITHOUT CONSENT; PROVIDING FOR FORFEITURE; AND FOR MAKING OTHER PROVISIONS. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on November 16, at 6:00 p.m. as follows: SECTION 1. The City of Milton (“City”) seeks to provide standards of operation, regulation, and oversight in the providing of solid waste services within the corporate city limits; SECTION 2. Pursuant to past iterations of this Ordinance, theThe City currently recognizes the following companies as “Approved Haulers” in the City limits: 1-800- GOT-JUNK, Advanced Disposal, Allegiance Sanitation, American Disposal Services, Arrow Inc., Custom Disposal, Grogan’s Disposal, GW Lovelace, Henry Edward Kincaid, Grogan’s Disposal, GW Lovelace, M&M Waste, , , Republic Services, Sanitation Solutions, Waste Management, and Waste Pro; SECTION 3. The City seeks to confirm the “Approved Haulers” list as long as the companies are found to be acting consistently with the Ordinance and recognizes that the City Council may seek to amend the Approved Haulers List as need arises and in accordance with the established Solid Waste Ordinance; SECTION 4. It is in the interest of the City and its citizens to offer companies currently providing such services a non-exclusive contract on such terms and conditions that will provide the City with the controls and options necessary to provide for the public good; SECTION 5. Chapter 46 of the Milton City Code of Ordinances, the Milton Solid Waste Ordinance, attached hereto as Exhibit A is hereby ratified, approved and affirmed, subject to those redline modifications set forth in attached Exhibit A; SECTION 6. All ordinances, parts of ordinances, or regulations in conflict herewith are rejected; SECTION 7. This Ordinance shall become effective upon its adoption; STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 2 of 22 ORDAINED this the 16th day of November, 2015. __________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 3 of 22 EXHIBIT A Chapter 46 - SOLID WASTE [46] (46) State Law reference— Solid waste management generally, O.C.G.A. § 12-8-20 et seq.; Georgia Comprehensive Solid Waste Management Act, O.C.G.A. § 12-9-1; hazardous waste management, O.C.G.A. § 12-8-79; local and regional solid waste plans, O.C.G.A. § 12 -8-31.1; tire disposal restrictions, O.C.G.A. § 12-8-40.1; yard trimmings and disposal restrictions, O.C.G.A. § 12-8-40.2; authorization for local government units to enforce collection of taxes, fees, or assessments for solid waste management, O.C.G.A. § 12-8-39.3; authority of local governments to adopt and enforce local regulations for the handling and disposal of solid waste, O.C.G.A. § 12-8-30.9; Litter Control Law, O.C.G.A. § 16-7-40; transporting garbage or waste across state or county boundaries pursuant to contract, O.C.G.A. § 36-1-16; Resource Recovery Development Authorities Law, O.C.G.A. § 36-63-1 et seq.; littering highways, O.C.G.A. § 40-6-249. ARTICLE I. - IN GENERAL ARTICLE II. - LITTERING ARTICLE III. - COLLECTION SERVICES ARTICLE I. - IN GENERAL Sec. 46-1. - Definitions. Sec. 46-2. - Purpose. Sec. 46-3. - Collection fees. Sec. 46-4. - Medical waste to be disposed of according to state and federal regulations. Secs. 46-5—46-23. - Reserved Sec. 46-1. - Definitions. For the purpose of this chapter, whenever inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, words in the singular include the plural, and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is permissive. Words not defined in this section or otherwise in this chapter shall be given their common and ordinary meaning. The following words, terms, phrases and their derivations shall, in this chapter, have the meaning given in this section. Approved container or approved bag or container or bag means those containers used in the collection of solid waste, as defined in this chapter, which have been approved by the company for use by both residential and commercial customers. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 4 of 22 Area shall mean the area within the boundaries of the incorporated areas of the City of Milton, as they exist as of the effective date in addition to future boundary changes as outlined in [the term "city"]. City means the City of Milton, Georgia, an incorporated municipal government in Fulton County, State of Georgia. Boundaries defining the city limits may be changed via ordinances approved by the city council, for which any new boundary created shall be subject to this contract. Commercial unit shall mean any structure, whether freestanding or designed to serve multiple tenants, whose primary purpose is for conducting business. Company means any organization, firm, person, entity, corporation or other business that contracts with customers to provide for the collection and disposal of solid waste material as defined in this article, and including but not limited to construction/demolition debris, dead animals, garbage, waste, storm debris, yard trimmings, and recyclable material. Construction/demolition debris shall have the meaning set forth by the Georgia Department of Natural Resources, Environmental Protection Division (Georgia EPD Chapter 391-3-4.01(14)). Construction site shall mean any parcel of land or real property having land disturbance, clearing and grading, demolition, improvements and betterments, renovation, remodeling and/or new construction work performed thereon or about the real property or premises whether or not a land disturbance and/or building permit is required. Customer shall mean any firm, person, entity, corporation or organization that contracts with a company for the collection and disposal of solid waste material as defined in this chapter, and including, but not limited to, construction/demolition debris, dead animals, garbage, waste, storm debris, yard trimmings, and recyclable material. Dead animals shall mean animals or portions thereof equal to or greater than ten pounds in weight that have died from any cause, except those slaughtered or killed for human use. Effective date means any contract executed between the city and any company on or after December 1, 2009. Environmental laws means all applicable laws, directives, rules, ordinances, codes, guidelines, regulations, governmental, administrative or judicial orders or decrees or other legal requirements of any kind, including, without limitation, common law, whether currently in existence or hereafter promulgated, enacted, adopted or amended, relating to safety, preservation or protection of human health and the environment (including ambient air, surface water, groundwater, land, or subsurface strata) and/or relating to the handling, treatment, transportation or disposal of waste, substances or materials, including, without limitation, any matters related to releases and threatened releases of materials and substances. Garbage shall have the meaning set forth at Georgia Department of Natural Resources, Environmental Protection Division ("Georgia EPD Chapter 391-3-4-.01(21)). Gross receipts shall mean the total amount collected by the company from any and all STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 5 of 22 customers for services rendered under authority of this chapter as a result of charges for service. Gross receipts shall not include the infrastructure maintenance fee identified in this chapter. Hazardous materials means any pollutant, contaminant, hazardous or toxic substance, constituent or material, including, without limitation, petroleum products and their derivatives, or other substances, regulated under or pursuant to any environmental laws. The term "hazardous materials" also includes any pollutant, contaminant, hazardous or toxic substance, constituent or material, including, without limitation, petroleum products and their derivatives, or other substance that is, after the date first written above, deemed hazardous be any judicial or governmental entity, body or agency having jurisdiction to make that determination. Hazardous waste means any waste regulated under or pursuant to any environmental laws, including, but not limited to, any solid waste which has been defined as a hazardous waste in regulations promulgated by the Board of Natural Resources, Chapter 291-3-11. The term "hazardous waste" also includes hazardous materials and any waste that is, after the effective date of this agreement, deemed hazardous by any judicial or governmental entity, board, body or agency having jurisdiction to make that determination. The term "hazardous waste" will be construed to have the broader, more encompassing definition where a conflict exists in the definitions employed by two or more governmental entities having concurrent or overlapping jurisdiction over hazardous waste. Recycling shall have the meaning set forth at Georgia Department of Natural Resources, Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(57). Residential unit shall mean any structure, whether single family, multi-family, or otherwise whose primary purpose is for living. Solid waste means the collection of residential and commercial nonrecyclable waste, residential and commercial recyclable waste, and residential yard trimmings/waste. Term shall mean a period of one year from the effective date. Waste means all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including residential or commercial garbage, trash, refuse, paper, rubbish, ashes, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes. Yard trimmings shall have the meaning set forth at Georgia Department of Natural Resources, Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(77). (Ord. No. 06-11-04, § 1, 11-21-2006; Ord. No. 07-11-54, § 1, 11-15-2007; Ord. No. 08- 11-30, § 1, 11-17-2008; Ord. No. 10-11-84, § 1, 11-15-2010) Sec. 46-2. - Purpose. This chapter regulates the collection and disposal of waste and garbage including, but not limited to, all waste byproducts of manufacturing or commercial establishments, cinders and ashes from commercial boilers, and cardboard and wooden boxes, crates and barrels, as well domestic waste including meat, vegetable and fruit scraps, cans, bottles, paper, cardboard, rags, ashes, and other such waste material ordinarily STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 6 of 22 disposed from residences, churches, schools, small business establishments, and other such places. (1) The term "garbage" does not include animals, fowl, and fish entrails, bones and carcasses whether in whole or in part, from business establishments such as slaughterhouses and meat and fish markets. Such material means "other waste." (2) The term "waste" also includes animal, fowl, and fish excrement, entrails, bones, carcasses in whole or in part and dead animals, and any other refuse material not otherwise classified herein. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 1), 3-17-2008) Sec. 46-3. - Collection fees. All fees are listed in Sec. 46-70 Contract and Rental Fees. Sec. 46-4. - Medical waste to be disposed of according to state and federal regulations. Hospitals and health care professionals or other entities disposing of medical waste including, but not limited to, any device used to puncture or lacerate skin, shall be disposed of in a manner consistent with federal and state regulations. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 4), 3-17-2008) Secs. 46-5—46-23. - Reserved ARTICLE II. - LITTERING Sec. 46-24. - Prohibited. Secs. 46-25—46-43. - Reserved. Sec. 46-24. - Prohibited. (a) Unlawful acts defined. (1) Public littering. It shall be unlawful for any person, in person or by his or her agent, employee, or servant, to cast, throw, sweep, sift, or deposit in any manner in or upon any public way or other public place in the city or the river, creek, branch, public water, drain, sewer, or receiving basin within the city's jurisdiction, any kind of leaves, dirt, rubbish, waste article, thing, or substance whatsoever, whether liquid or solid. Nor shall any person cast, throw, sweep, sift, or deposit any of the aforementioned items anywhere within the city's jurisdiction in such a manner that it may be carried or deposited in whole or in part, by the action of the sun, wind, rain, or snow, into any of the aforementioned places; provided that this section shall not apply to: a. The deposit of material under a permit authorized by any city ordinance; STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 7 of 22 b. Goods, wares, or merchandise deposited upon any public way or other public place temporarily, in the necessary course of trade, and removed there from within two hours after being so deposited; or c. Articles or things deposited in or conducted into the city sewer system through lawful drains in accordance with the city ordinances relating thereto. (2) Private littering. The acts described in subsection (a)(1) of this section shall also apply to acts committed to or against private property without the consent of the owner. (b) All business firms dispensing their product in cups, plates, wrappers, sacks, and other similar forms of containers shall provide adequate metal or plastic containers upon the premises for collection of refuse. It shall be the express responsibility of all such business firms to collect all cups, plates, wrappers, sacks, and other similar forms of containers dispensed by said business that may discarded upon the premises or neighboring street and sidewalks. It further shall be the responsibility of said business to collect the aforementioned items from the premises of the neighboring property when the owners of the property specifically request and authorize the business personnel to enter upon their property for that purpose. (c) Construction site operators must properly dispose (or discard) building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. All construction site operators shall provide adequate containers upon the premises for collection of said materials and any waste generated or collected at the site. (d) Any person who shall violate any of the provisions of, or who fails to perform any duty imposed by this section or who violates any order or determination of the department promulgated pursuant to this article shall be punished as directed by law, and in addition thereto, may be enjoined from continuing the violation. Each day a violation occurs shall constitute a separate offense. Any willful and wanton violation of this subsection resulting in the unlawful littering of the streets, sidewalks, and neighboring property shall be deemed a nuisance and on conviction thereof by the city court, the mayor and city council may after a notice and a hearing revoke the business license of the violator. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 5), 3-17-2008) Secs. 46-25—46-43. - Reserved. ARTICLE III. - COLLECTION SERVICES DIVISION 1. - GENERALLY DIVISION 2. - CONTRACTUAL PROVISIONS DIVISION 3. - TERMINATION OF CONTRACT DIVISION 4. - ADDITIONAL PROVISIONS STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 8 of 22 DIVISION 1. - GENERALLY Secs. 46-44—46-62. - Reserved. Secs. 46-44—46-62. - Reserved. DIVISION 2. - CONTRACTUAL PROVISIONS Sec. 46-63. - Authority. Sec. 46-64. - Grant of nonexclusive contract. Sec. 46-65. - Term. Sec. 46-66. - Scope and nature of operation. Sec. 46-67. - Vehicles to be covered and identified. Sec. 46-68. - Regulation of containers. Sec. 46-69. - Disposal of refuse. Sec. 46-70. - Contract and rental fees. Sec. 46-71. - Compliance with law. Sec. 46-72. - Insurance provided by company. Sec. 46-73. - Indemnification and hold harmless. Secs. 46-74—46-92. - Reserved. Sec. 46-63. - Authority. The city is empowered to contract with one or several third parties to collect and dispose of all garbage, waste, commercial waste, and yard waste generated by the city. In addition, the city may sell franchise rights in garbage collection to third parties. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 2), 3-17-2008) Sec. 46-64. - Grant of nonexclusive contract. The city shall hereby grant to companies a nonexclusive contract pursuant to the terms set forth herein to use the public streets, alleys, roads and thoroughfares within the city for the purpose of operating and engaging in the business of collecting and disposing of waste; including, but not limited to, contracting with customers and providing service pursuant to contract therefore, placing and servicing containers, operating trucks, vehicles and trailers, and such other operations and activity as are customary and/or incidental to such business and service. (Ord. No. 06-11-04, § 2, 11-21-2006; Ord. No. 07-11-54, § 2, 11-15-2007; Ord. No. 08- 11-30, § 2, 11-17-2008; Ord. No. 10-11-84, § 2, 11-15-2010) Sec. 46-65. - Term. The term of any agreement shall be for a period of one year beginning on the effective date of the contract execution and terminating on the first anniversary of said date. The company shall begin performance under this contract immediately after the effective date of the contract execution. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 9 of 22 (Ord. No. 06-11-04, § 3, 11-21-2006; Ord. No. 07-11-54, § 3, 11-15-2007; Ord. No. 08- 11-30, § 3, 11-17-2008; Ord. No. 10-11-84, § 3, 11-15-2010) Editor's note— Section 3 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -65 from "One year in length" to "Term." Sec. 46-66. - Scope and nature of operation. (a) Residential and commercial refuse and waste. The company may collect and deliver for disposal all residential and commercial refuse and waste accumulated within the corporate limits of the city by the company's customers and the words "refuse", "garbage", "trash" and "waste" when used in this article are used for convenience and, unless the context shows otherwise, refer to yard trimmings, recycling, storm debris, garbage, and construction/demolition debris. The company will furnish the personnel and equipment to collect refuse, provide the services described herein, and as contracted for with its customers, in an efficient and businesslike manner. (b) Service provided. Company shall provide container, bin and other collection service for the collection of residential and commercial refuse and waste according to the individual customer agreements and applicable city regulations and shall make provision for the special collection of such refuse and waste upon request. The company shall cause or require its equipment, containers and bins to be kept and maintained in a manner to not cause or create a threat to the public health and shall keep the same in a good state of repair. (c) Collection operation. (a) Save and except as provided in this section, collection shall not start before 7:30 a.m. or continue after 7:30 p.m. at any location. Company may request variances to this collection period provided that collections: (i) are made in a manner that does not cause or result in loud noise; and (ii) that are made at a location which will not cause the disturbance of persons occupying the premises or neighboring property must first be confirmed prior to the request. All requests for variances of times must be submitted to the city manager, or his designee, and include documentation on the hardship created by the collection operation period. Should such a collection operation variance be granted and the city receives two complaints about the collection operation in any six-month time period, the city shall verify and substantiate the factual basis for any complaints. Should the complaints be substantiated, the collection operation variance will be revoked. The frequency of collection shall be determined by each individual customer agreement. (d) Holidays. The company shall observe such holidays as it, in its sole discretion, determines appropriate. Notification must be given by the company to it's customers of the holidays and resulting collection cycles. (e) All companies must maintain a local customer service telephone number while conducting business within the city. The telephone number must be publicly listed in a phone book and available through directory assistance. Each company providing trash receptacles, whether commercial or residential, must mark each receptacle with the company's name and telephone number in letters not less than four inches in height. Each company must provide a mechanism to accept, investigate, and respond to customer complaints. Companies are strongly encouraged to use multi-media devices including interactive websites, e-mail, fax, and automated telephone systems. Service calls received by the city as a result of noncompany performance will result in the STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 10 of 22 consideration of revocation of a nonexclusive contract or the city's choice to not renew an existing agreement. (f) Any invoice, bill, statement, or other device intended to request remittance by the customer to the company of funds for payment of service shall include at a minimum, the company's telephone number and payment methods available to customers. (g) All companies providing residential service or service to residential multi-family units must provide a recycling program to all customers. This program is intended to promote recycling programs throughout the city by reducing the amount of waste landfilled. Commodities may be commingled by the consumer and collected commingled by the hauler. Recycled commodities which must be offered in all programs are as follows: brown, clear, and green glass; steel and tin cans; aluminum cans, foil, pie pans, plastic items (#1, #2, and #3); cardboard, cereal boxes and any nonwaxed paper containers; brown paper grocery bags; newspapers; magazines; telephone books; junk mail; office papers; and school papers. Customers shall be charged for the recycling program by the company regardless of utilization of the service. Haulers are to include this service with their residential rate structure; however, the charge for recycling shall be shown separate from other services provided. (h) All companies providing commercial service must offer and promote a recycling program to all customers. This program is intended to promote recycling programs throughout the city by reducing the amount of waste landfilled. (i) All companies providing residential service must offer the collection of yard trimmings to all customers. This program is intended to assist in the collection and disposal of grass clippings; leaves; pine cones and needles; twigs, limbs, and trunks of trees meeting size limitations set by company; bushes, brush, and all other general debris generated from the maintenance of residential yards and lawns. (j) It shall be the company's obligation and responsibility to educate all customers on industry trends and best practices relating to solid waste collection, removal, and disposal. Such education programs must consist of the following elements: Recycling; holiday schedules; new customer information; and any service related items. All companies have the obligation to inform customers of any noncollected trash or items placed for collection by the customer but not covered under the agreement between the customer and the company. Further, it shall be the company's obligation and responsibility to educate customers on days of collection for each specific service provided. All education and communication between the company and customers should promote the placement of residential collectibles at the curb the night before pick-up. Receptacles, containers, or bagged materials shall not be left at the curb for longer than a 24-hour period. (Ord. No. 06-11-04, § 4, 11-21-2006; Ord. No. 07-11-54, § 4, 11-15-2007; Ord. No. 08- 11-30, § 4, 11-17-2008; Ord. No. 10-11-84, § 4, 11-15-2010) Sec. 46-67. - Vehicles to be covered and identified. (a) All vehicles used by company for the collection and transportation of refuse shall be covered at all times while loaded and in transit to prevent the blowing or scattering of refuse onto the public streets or properties adjacent thereto, and such vehicles shall be clearly marked with the company's name and telephone number in letters not less than STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 11 of 22 four inches in height. (b) Company must provide a comprehensive and proactive driver safety education program which encourages safety on city streets. Such program must be demonstrated and conveyed to the city. Company must comply with all other regulatory agencies, both local, state, or otherwise with respect to commercial vehicle operation within the city. Service calls received by the city as a result of noncompany performance will result in the consideration of revoking a nonexclusive contract or the city's choice to not renew an existing agreement. (c) Company must manage collection services delivered within the city to minimize the number of vehicles on city roads. Coordination between haulers and service providers is strongly encouraged to manage service vehicles on residential streets and neighborhoods. (d) Should company utilize "scout" trucks to facilitate collection in residential areas where it is not feasible to use standard collection vehicles, such vehicles must be covered at all times while loaded and in transit should they exceed 30 miles per hour or be driven more than 300 yards on a public street. (Ord. No. 06-11-04, § 5, 11-21-2006; Ord. No. 07-11-54, § 5, 11-15-2007; Ord. No. 08- 11-30, § 5, 11-17-2008; Ord. No. 10-11-84, § 5, 11-15-2010) Sec. 46-68. - Regulation of containers. The company may rent, lease, provide or define specifications for containers to any customer within the corporate limits of the city for refuse storage and collection purposes subject to the following requirements: (1) All containers shall be constructed and maintained according to industry practice; (2) All containers shall be equipped with stable covers to prevent blowing or scattering of refuse while being transported for disposal of their contents; (3) All containers, save and except those being used for the purpose of collecting and storing rubble, building and scrap construction materials, shall be equipped with covers suitable to prevent blowing or scattering refuse and access to the container by animals while the container is at the site designated by customer; (4) All containers shall be periodically cleaned, maintained, serviced and kept in a reasonably good state of repair, to prevent the unreasonable accumulation of refuse residues, to avoid excessive odor and harborage for rodents and flies resulting from excessive residues remaining after collection of containers; (5) All containers shall be clearly marked with the company's name and telephone number in letters not less than four inches in height; (6) All containers shall not be on public rights-of-way and shall be located so as to not interfere, block, obstruct or impede the normal use of any sidewalk, street, alley driveway or fire lane, or to block, obstruct or impede sight distance at street, road or alley intersections; STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 12 of 22 (7) All containers, bins, or other collection instruments must be kept free from graffiti, rust, broken and nonoperational parts and pieces, and litter in and around the area; and (8) It shall be the responsibility of each company to educate their customers on the regulations of containers and maintain industry standards, policies, and procedures, which promote an aesthetically pleasing environment in and around all refuse and waste containers and receptacles. (Ord. No. 06-11-04, § 6, 11-21-2006; Ord. No. 07-11-54, § 6, 11-15-2007; Ord. No. 08- 11-30, § 6, 11-17-2008; Ord. No. 10-11-84, § 6, 11-15-2010) Editor's note— Section 6 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -68 from "Container requirements" to "Regulation of containers." Sec. 46-69. - Disposal of refuse. The company will deliver all waste collected by it from it's customers within the city, except for materials which the company may select for recovery and recycling, to a disposal facility that is permitted by the EPD to accept such refuse and waste. Rules and regulations governing hours of operation and disposal practices at the disposal facility will be observed and followed by the company while engaged in the disposal of refuse pursuant to this article. Any items collected as part of a recycling program must be delivered to a facility where recovery and reuse occurs. Should any company choose to offload or dispose of materials collected by one vehicle into another for transport to the final disposal facility, company shall make every available effort to perform such refuse transfer on property owned by the company or privately owned property where the company has an agreement with the property owner to perform such activity. In the event any transfer occurs on public land, including streets, alleys, rights-of-ways, roads, thoroughfares, avenues, parkways, expressways, or other areas designed and designated for public travel, company shall make every effort available to clean the area after completion of the transfer to insure the area is maintained at the same or better level than if the area was not used for this activity. In the event the city receives complaints regarding this practice, company shall be required to cease from this activity at the location of the complaint. (Ord. No. 06-11-04, § 7, 11-21-2006; Ord. No. 07-11-54, § 7, 11-15-2007; Ord. No. 08- 11-30, § 7, 11-17-2008; Ord. No. 10-11-84, § 7, 11-15-2010) Sec. 46-70. - Contract and rental fees. Contract fee. The streets, rights-of-way, and public easements to be used by the company in the operation of its business within the boundaries of the city as such boundaries now exist and exist from time to time during the term of this contract, are valuable public properties acquired and maintained by the city at great expense to its taxpayers, and the city will incur costs to regulate and administer this article. In consideration of such benefits, costs and expenses, the company shall through the term of its contract collect an "infrastructure maintenance fee" equal to five percent of the company's gross receipts to customers within the city (exclusive of sales tax). The term "infrastructure maintenance fee" shall be used on all bills, invoices, or statements sent by any company to a customer under this article. This fee is applicable to haulers that are providing trash and recycling collection to residential accounts as well as haulers STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 13 of 22 serving commercial accounts. (1) Fees paid. The infrastructure maintenance fee shall be payable quarterly to the city and delivered to the city in conjunction with a statement indicating the derivation and calculation of such payment. Each such quarterly payment shall be due on the fifteenth day of the second month following the end of the quarterly period for which said payment is due. The quarterly payments shall be due on February 15, May 15, August 15, and November 15 of each year during the term hereof, with the February 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior December 31 and being payment for the rights and privileges granted hereunder for said calendar quarter, the May 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior March 31 and being payment for the rights and privileges granted hereunder for said calendar quarter, the August 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior June 30 and being payment for the rights and privileges granted hereunder for said calendar quarter, and the November 15 payment bei ng based upon the company's gross receipts during the calendar quarter ending the prior September 30 and being payment for the rights and privileges granted hereunder for said calendar quarter. During the implementation of this article, all bills generated by companies after December 1, 2006, shall include the infrastructure maintenance fee. The city shall provide material relating to the education and marketing efforts of the infrastructure maintenance fee as well as provide education and training to company employees to ensure a consistent message is conveyed to constituents of the City of Milton. For purposes of verifying the amount of such fee, the books of the company shall at all reasonable times be subject to inspection by the duly authorized representatives of the city. If the infrastructure maintenance fee is not paid by the due date as set forth herein, the company from whom the fee was due shall be assessed and shall pay a late fee in the amount of 10% of the amount not timely paid. In addition, all amounts otherwise due, including late fees, shall accrue interest at the rate of 1.5% per calendar month beginning 30 days after the original due date. (2) No other rental fees. The contract fee shall be in lieu of any and all other city- imposed rentals or compensation or contract, privilege, instrument, occupation, excise or revenue taxes or fees and all other exactions or charges (except ad valorem property taxes, special assessments for local improvements, city sales tax, and such other charges for utility services imposed uniformly upon persons, firms or corporations then engaged in business within the city) or permits upon or relating to the business, revenue, installations and systems, fixtures, and any other facilities of the company and all other property of the company and its activities, or any part thereof, in the city which relate to the operations of the company pursuant to this article; provided, that this shall not be construed to prevent the company from being required to pay any and all applicable fees and charges in effect from time to time for dumping at a landfill or transfer station. (3) Credit for fees paid. Should the city not have the legal power to agree that the payment of the foregoing sums of money shall be in lieu of contracts, fees, street or alley rentals or charges, easement or ordinance fees or charges aforesaid, then city agrees that it will apply so much of said sums of money paid as may be necessary to company's obligations, if any, to pay any such contract, ordinance charges, other charges, fees, rentals, easement, taxes or charges. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 14 of 22 (4) Reporting. Any company providing service pursuant to this article or a resulting contract shall from time to time provide the city with the necessary statistics regarding waste collected and disposed which shall allow the city to comply with state reporting requirements. Such information shall be in the manner and format requested by the city and provide adequate details for the city to maintain compliance with local, state, federal, and all other guidelines relating to solid waste collection, removal, and disposal. (5) Dedicated revenue. The infrastructure maintenance fee collected by the city under this article shall be dedicated to the following: (i) maintenance of the city's streets, corridors, alleys, thoroughfares, and transportation routes; (ii) administration of contract compliance between customers and companies where service is received as provided in this article; and (iii) collection of litter, trash and hazardous waste materials within the city. (Ord. No. 06-11-04, § 8, 11-21-2006; Ord. No. 07-11-54, § 8, 11-15-2007; Ord. No. 08- 11-30, § 8, 11-17-2008; Ord. No. 10-11-84, § 8, 11-15-2010) Editor's note— Section 8 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -70 from "Fees" to "Contract and rental fees." Sec. 46-71. - Compliance with law. The company shall conduct under this article in compliance with the material provisions of all applicable local, state and federal laws, rules and regulations, and with the general specifications contained in this article. (Ord. No. 06-11-04, § 9, 11-21-2006; Ord. No. 07-11-54, § 9, 11-15-2007; Ord. No. 08- 11-30, § 9, 11-17-2008; Ord. No. 10-11-84, § 9, 11-15-2010) Editor's note— Section 9 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -71 from "Compliance with local, state and federal regulations required" to "Contract and rental fees." Sec. 46-72. - Insurance provided by company. (a) Minimum coverage requirements. The company shall maintain throughout the term of its contract, property damage coverage, general liability insurance, and automobile liability insurance for any automobile owned or operated by company, with an insurance company authorized and licensed to do business in the State of Georgia and acceptable to the city, insuring against claims for liability and damages for the benefit of the city. The insurance shall include the city as an additional insured. General liability coverage insurance under this section shall be a minimum of $1,000,000.00 per occurrence with a $2,000,000.00 aggregate. Automobile liability insurance under this section shall, at a minimum, have limits of $1,000,000.00 for each occurrence. Additionally, umbrella coverage of $1,000,000.00 on both automobile liability insurance and general liability insurance is required. (b) Employer's liability. If the company is required by Georgia Statute, the company shall maintain throughout the term of the contract resulting from this article the requisite statutory workers' compensation insurance, and a minimum of $100,000.00 employer's liability insurance. Company shall be required to show compliance to this section by submitting documentation of such coverage from an approved carrier licensed in the State of Georgia, or documentation explaining the exemption from employer's liability STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 15 of 22 insurance should they not meet the state requirements to carry such coverage. (c) Certificate of insurance. The insurance policy, or policies, obtained by the company in compliance with this section shall be approved by the city manager or his designee in the city manager's or his designee's reasonable discretion, and the certificate of insurance for the insurance policy shall be filed and maintained with the city during the term of the contract resulting from this article with a copy of the endorsement required under subsection (d) to be attached or made a part of such certificate. (d) Endorsements. All insurance policies maintained pursuant to this article shall contain the following conditions by endorsement: (1) Additional insured. The city shall be an additional insured and the term "owner" and "city" shall include all authorities, boards, bureaus, commissions, divisions, departments and offices of the city and the individual members, officers, employees and agents thereof in their official capacities and/or while acting on behalf of the city. (2) Other insurance clause. The policy clause "other insurance" shall not apply to the city when the city is an insured on the policy. (3) No recourse. Companies issuing the insurance policies shall not recourse against the city for payment of any premium or assessment. (e) Increase requirements. The city may choose to amend this article to make reasonable adjustments to the insurance coverage and their limits when deemed necessary and prudent based upon changes in statutory law, court decisions, or the claims history of the industry. (Ord. No. 06-11-04, § 10, 11-21-2006; Ord. No. 07-11-54, § 10, 11-15-2007; Ord. No. 08-11-30, § 10, 11-17-2008; Ord. No. 10-11-84, § 10, 11-15-2010) Editor's note— Section 10 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -72 from "Company to provide insurance" to "Insurance provided by company." Sec. 46-73. - Indemnification and hold harmless. The company agrees to indemnify, defend and save harmless the city, its agents, officers and employees, against and from any and all claims by or on behalf of any person, firm, corporation or other entity arising from any negligent act or omission or willful misconduct of the company, or any of its agents, contractors, servants, employees or contractors, and from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or proceeding brought thereon. Promptly after receipt from any third party by city of a written notice of any demand, claim or circumstance that, immediately or with the lapse of time, would give rise to a claim or the commencement (or threatened commencement) of any action, proceeding or investigation (an "asserted claim") that may result in losses for which indemnification may be sought hereunder, the city shall give written notice thereof (the "claims notice") to the company provided, however, that a failure to give such notice shall not prejudice the city's right to indemnification hereunder except to the extent that the company is actually and materially prejudiced thereby. The claims notice shall describe the asserted claim in reasonable detail, and shall indicate the amount (estimated, if necessary) of the losses that have been or may be suffered by the city when such information is available. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 16 of 22 The company may elect to compromise or defend, at its own expense and by its own counsel, any asserted claim. If the company elects to compromise or defend such asserted claim, it shall, within 20 business days following its receipt of the claims notice (or sooner, if the nature of the asserted claim so required) notify the city of its intent to do so, and the city shall cooperate, at the expense of the company, in the compromise of, or defense against, such asserted claim. If the company elects not to compromise or defend the asserted claim, fails to notify the city of its election as herein provided or contests its obligation to provide indemnification under this agreement, the city may pay, compromise or defend such asserted claim with all reasonable costs and expenses borne by the company. Notwithstanding the foregoing, neither the company nor the city may settle or compromise any claim without the consent of the other party; provided, however, that such consent to settlement or compromise shall not be unreasonably withheld. In any event, the city and the company may participate at their own expense, in the defense of such asserted claim. If the company chooses to defend any asserted claim, the city shall make available to the company any books, records or other documents within its control that are necessary or appropriate for such defense. (Ord. No. 06-11-04, § 11, 11-21-2006; Ord. No. 07-11-54, § 11, 11-15-2007; Ord. No. 08-11-30, § 11, 11-17-2008; Ord. No. 10-11-84, § 11, 11-15-2010) Editor's note— Section 11 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -73 from "Company to indemnify city; defense of suits" to "Indemnification and hold harmless." Secs. 46-74—46-92. - Reserved. DIVISION 3. - TERMINATION OF CONTRACT Sec. 46-93. - Forfeiture and terminating of contract. Sec. 46-94. - Transfer, sale or conveyance by company. Sec. 46-95. - Foreclosure. Sec. 46-96. - Receivership and bankruptcy. Secs. 46-97—46-115. - Reserved. Sec. 46-93. - Forfeiture and terminating of contract. (a) Material breach. In addition to all other rights and powers retained by the city under this article or otherwise, the city reserves the right to declare any resulting contract from this article forfeited and to terminate the contract and all rights and privileges of the company hereunder in the event of a material breach of the terms and conditions hereof. A material breach by company shall include, but shall not be limited to, the following: (1) Fees. Failure to pay the fees set out in section 46-70 (2) Telephone listings. Failure to keep and maintain a local telephone listing and office or answering service that is available by phone without long distance charge during regular business hours for service to the public, and which telephone or office shall, at minimum, provide and maintain the following services: a. Coordinate and provide information concerning deposits, payments and STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 17 of 22 accounts to customers and prospective customers; b. Respond to customer and prospective customer questions and issues about billings, accounts, deposits and services; c. Coordination with the city with respect to private sector and public works projects and issues related to or affecting the company's operation; and d. Immediate response, upon request, to police, fire and other emergency situations in which the public health and safety requires action with respect to or assistance regarding company's property. (3) Failure to provide service. Failure to materially provide the services provided for in this article; (4) Misrepresentation. Material misrepresentation of fact in the application for or negotiation of any contract resulting from this article; or (5) Conviction. Conviction of any director, officer, employee, or agent of the company of the offense of bribery or fraud connected with or resulting from the award of a contract from this article. (b) Operation information. Material misrepresentation of fact knowingly made to the city with respect to or regarding company's operations, management, revenues, services or reports required pursuant to this article. (c) Economic hardship. Company shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers or employees. (d) Forfeiture and proceedings. Any unwarranted and intentional neglect, failure or refusal of the company to comply with any material provision of this article or resulting contract within 30 days after written notice from city setting forth the specific provision and noncompliance, said notice to be mailed to company at its principal place of business by certified mail, return receipt requested, shall be deemed a breach of this article, and the city council, upon notice to company and hearing, may, for good cause declare a contract forfeited and exclude company from further use of the streets of the city under this article, and the company shall thereupon surrender all rights in and under this article and contract. (1) Proceedings. In order for the city to declare a forfeiture pursuant to subsections (a), (b), (c), (d), the city shall make a written demand that the company comply with any such provision, rule, order, or determination under or pursuant to this article. If such violation by the company continues for a period of 30 days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the council may take under consideration the issue of termination of the resulting contract from this article. The city shall cause to be served upon company, at least 20 days prior to the date of such a council meeting, a written notice of intent to request such termination and the time and place of the meeting. Notice shall be given of the meeting and issue which the council is to consider. (2) Hearing. The council shall hear and consider the issue, hear any person interested therein, and shall determine whether or not any violation by the company STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 18 of 22 has occurred. (3) Forfeiture. If the council shall determine that the violation by the company was the fault of company and within its control, the council may declare the contract forfeited and terminated, or the council may grant to company a period of time for compliance. (Ord. No. 06-11-04, § 12, 11-21-2006; Ord. No. 07-11-54, § 12, 11-15-2007; Ord. No. 08-11-30, § 12, 11-17-2008; Ord. No. 10-11-84, § 12, 11-15-2010) Editor's note— Section 12 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -93 from "Forfeiture" to "Forfeiture and terminating of contract." Sec. 46-94. - Transfer, sale or conveyance by company. The company shall not transfer, assign, sell or convey any rights granted under any resulting contract from this article without the prior approval of the city council; provided that this section shall not apply to vehicles, replacements, maintenance, upgrades or modifications of equipment, machinery, containers and buildings by company for the purpose of maintaining and continuing its operation within the city; and provided further that company may, in its sole discretion and upon written notice to the city, transfer, assign, sell or convey their rights under this article to a wholly owned subsidiary of the company or to an affiliated entity that is under common control with company (i.e., has a common parent entity). (Ord. No. 06-11-04, § 13, 11-21-2006; Ord. No. 07-11-54, § 13, 11-15-2007; Ord. No. 08-11-30, § 13, 11-17-2008; Ord. No. 10-11-84, § 13, 11-15-2010) Editor's note— Section 13 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -94 from "Transfer, sale or conveyance by company prohibited; exceptions" to "Transfer, sale or conveyance by company." Sec. 46-95. - Foreclosure. upon the foreclosure or other judicial sale of all or a substantial part of the assets and property of the company used for and dedicated to providing service pursuant to this article, the company shall notify the city of such fact, and such notification shall by treated as a notification that a change in control of the company has taken place and the provisions of this article governing the consent of the council to such change in control of the company shall apply. Upon the foreclosure or judicial sale, or the leasing of all or a substantial part of the property and assets of the company dedicated to and used for the purposes of providing service pursuant to this article, without the prior approval of the council, the council may, upon hearing and notice, terminate any contract resulting from this article. (Ord. No. 06-11-04, § 14, 11-21-2006; Ord. No. 07-11-54, § 14, 11-15-2007; Ord. No. 08-11-30, § 14, 11-17-2008; Ord. No. 10-11-84, § 14, 11-15-2010) Editor's note— Section 14 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -95 from "Foreclosure or judicial sale" to "Foreclosure." Sec. 46-96. - Receivership and bankruptcy. Cancellation option. The council shall have the right to cancel any contract resulting from STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 19 of 22 this article 120 days after the appointment of a receiver or trustee to take over and conduct the business of the company, whether in receivership, reorganization, bankruptcy, other action or preceding, whether voluntary or involuntary, unless such receivership or trusteeship shall have been vacated prior to the expiration of said 120 days, unless: (1) Trustee compliance. Within 120 days after his election or appointment, such receiver trustee shall have fully complied with all the provisions of this article and remedied all defaults thereunder; or (2) Trustee agreement. Such receiver or trustee, within 120 days, shall have executed an agreement, duly-approved by the court having jurisdiction, whereby the receiver or trustee assumes and agrees to be bound by each and every provision of this article granted to the company. (Ord. No. 06-11-04, § 15, 11-21-2006; Ord. No. 07-11-54, § 15, 11-15-2007; Ord. No. 08-11-30, § 15, 11-17-2008; Ord. No. 10-11-84, § 15, 11-15-2010) Secs. 46-97—46-115. - Reserved. DIVISION 4. - ADDITIONAL PROVISIONS Sec. 46-116. - Retention of city police powers. Sec. 46-117. - Amendments of city ordinances and regulations. Sec. 46-118. - Taxes. Sec. 46-119. - Public necessity. Sec. 46-120. - No suspension of laws. Sec. 46-121. - Peaceful employment. Sec. 46-122. - Endorsements and records. Sec. 46-123. - Acceptance by company. Sec. 46-116. - Retention of city police powers. The city retains and reserves all of its police powers and the rights, privileges, and immunities that it now has under the law to regulate, patrol and police the streets and public ways within the city, and the granting of any contract as a result of this article shall in no way interfere with the improvements to, or maintenance of, any street, alley or public way, and the rights of the city to use said streets, alleys and public ways. (Ord. No. 06-11-04, § 16, 11-21-2006; Ord. No. 07-11-54, § 16, 11-15-2007; Ord. No. 08-11-30, § 16, 11-17-2008; Ord. No. 10-11-84, § 16, 11-15-2010) Sec. 46-117. - Amendments of city ordinances and regulations. The city reserves the right and power, pursuant to its police power, after due notice to company, to modify, amend, alter, change or eliminate any rules, regulations, fees, charges and rates of the city, and to impose such additional conditions, that are not inconsistent with the rights granted by this article, upon the company and all persons, firms or entities of the same class as the company, as may be reasonably necessary in STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 20 of 22 the discretion of the city council to preserve and protect the public, health, safety and welfare and/or insure adequate service to the public. (Ord. No. 06-11-04, § 17, 11-21-2006; Ord. No. 07-11-54, § 17, 11-15-2007; Ord. No. 08-11-30, § 17 11-17-2008; Ord. No. 10-11-84, § 17, 11-15-2010) Editor's note— Section 17 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46- 117 from "Reservation to amend city ordinances and regulations" to "Amendments of city ordinances and regulations." Sec. 46-118. - Taxes. The company shall promptly pay all lawful ad valorem taxes, levies and assessments, if any, that are imposed upon the company. Absent an administrative or judicial challenge, or appeal, the failure to pay any such tax, levy or assessment shall be a breach of this article. (Ord. No. 06-11-04, § 18, 11-21-2006; Ord. No. 07-11-54, § 18, 11-15-2007; Ord. No. 08-11-30, § 18, 11-17-2008; Ord. No. 10-11-84, § 18, 11-15-2010) Editor's note— Section 18 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 - 118 from "Payment of taxes required" to "Taxes." Sec. 46-119. - Public necessity. The council hereby finds and declares that the public welfare, convenience and necessity require the service which is to be furnished by the company. (Ord. No. 06-11-04, § 19, 11-21-2006; Ord. No. 07-11-54, § 19, 11-15-2007; Ord. No. 08-11-30, § 19, 11-17-2008; Ord. No. 10-11-84, § 19, 11-15-2010) Editor's note— Section 19 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 - 119 from "Disposal of solid waste deemed public necessity" to "Public necessity." Sec. 46-120. - No suspension of laws. All provisions of the ordinances of the city as now existing or as may be amended from time to time, and all provisions of the statutes of the State of Georgia applicable to general law cities shall be a part of any resulting contract from this article as fu lly as if the same had been expressly stated herein, and said the city retains and may exercise all of the governmental and police powers and all other rights and powers not directly inconsistent with the terms, conditions and provisions of this article. (Ord. No. 06-11-04, § 22, 11-21-2006; Ord. No. 07-11-54, § 22, 11-15-2007; Ord. No. 08-11-30, § 22, 11-17-2008; Ord. No. 10-11-84, § 22, 11-15-2010) Editor's note— Section 22 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46- 120 from "City ordinances and state law considered part of contract" to "No suspension of laws." Sec. 46-121. - Peaceful employment. From and after the effective date of this article, the city and the company shall be and are hereby authorized and entitled to act in reliance upon the terms, conditions and provisions of this article and any resulting contract and, subject thereto, the company shall collect rates for service, operate and conduct its business and work within the city, STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 21 of 22 and enjoy the benefits and privileges of this article during the term hereof. (Ord. No. 06-11-04, § 23, 11-21-2006; Ord. No. 07-11-54, § 23, 11-15-2007; Ord. No. 08-11-30, § 23, 11-17-2008; Ord. No. 10-11-84, § 23, 11-15-2010) Editor's note— Section 23 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46- 121 from "City and company to rely on this chapter" to "Peaceful employment." Sec. 46-122. - Endorsements and records. The city clerk is directed to make endorsements as appropriate over his/her official hand and the seal of the city on the form provided at the conclusion of this article, for the public record and convenience of the citizens, of the date upon which this article is finally passed and adopted. (Ord. No. 06-11-04, § 25, 11-21-2006; Ord. No. 07-11-54, § 25, 11-15-2007; Ord. No. 08-11-30, § 25, 11-17-2008; Ord. No. 10-11-84, § 25, 11-15-2010) Sec. 46-123. - Acceptance by company. Within 30 days after the passage of this article, or within 30 days of establishing a business within the corporate city limits, all companies operating a residential or commercial refuse waste service shall file with the city its acceptance of the terms and provisions of this article, and request for contract. The acceptance and request for contract shall be in writing on the company's letterhead and provide as follows: City of Milton Attention: City Manager 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 ____________ (the "Company"), acting by and through an officer who is acting within its official capacity and authority, hereby accepts the City of Milton Solid Waste Ordinance to operate a refuse and solid waste collection and disposal system within the City as said Ordinance is set forth and provided herewith. The Company agrees to be bound and governed by each term, provision and condition of the Ordinance, to accept and to give the benefits provided by the Ordinance, and to perform each service and duty set forth and provided for in the Ordinance in a businesslike and reasonable manner and in compliance with the Ordinance. Company: ..... By: ..... Printed Name: ..... Title: ..... (Ord. No. 06-11-04, § 26, 11-21-2006; Ord. No. 07-11-54, § 26, 11-15-2007; Ord. No. 08-11-30, § 26, 11-17-2008; Ord. No. 10-11-84, § 26, 11-15-2010) STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 22 of 22 Editor's note— Section 26 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46- 123 from "Written acceptance of company required" to "Acceptance by company." 46-124. – Decal Upon satisfactory compliance with the requirements set forth in this Chapter in order to allow the company to collect and/or dispose of waste, garbage and/or refuse, the City shall issue to the company a decal designating the company as an approved Milton hauler in compliance with the City’s solid waste ordinance. HOME OF "HF RPST QLIALITY OF LIFE N EORGIr M 1 --...LTO N, FSTAR LISFIFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 22, 2015 FROM: City Manager AGENDA ITEM: Consideration of U15-05NC15-05 — 13650 Bethany Road by Bethany's Rest, Inc. - To Request a Use Permit for a Retreat (Sec. 64-1821) in AG - 1 (Agricultural) on 26.65 Acres Using the Existing Structures. A Concurrent Variance to Allow the Existing Vegetation within the 100 Foot Undisturbed Buffer and 10 Foot Improvement Setback and not to Plant Additional Vegetation [Sec. 64-1821(b)(3)]. MEETING DATE: Monday, November 2, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: X APPROVED () NOTAPPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES NO CITY ATTORNEY REVIEW REQUIRED: () YES NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR REMARKS �IoZ-I you PHONE: 678.242.25001 FAX: 678.2422499 Green v;Certified ; rop.f0a s info@cifyofmiltonga.us I www.cityofmilfonga.us WILDLIFF Community 4 "thi 13000 Deerfield Parkway, Suite 107 1 100on GA 30004 5mm I'B Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 10/29/2015 U15-05/VC15-05 Page 1 of 15 PETITION NUMBERS U15-05/VC15-05 ADDRESS 13650 Bethany Road DISTRICT, LAND LOT 2/2, 887, 888, 913, 914 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 (Agricultural) PROPOSED USE PERMIT Retreat (Sec 64-1821) ACRES 26.65 EXISTING USE Single Family Residence and accessory structures PROPOSED USE Private women’s day retreat center PETITIONER Bethany’s Rest, Inc. – Wendy Henderson OWNER Passion Point Ventures, LLC 1 Royal Oak Avenue Roswell, GA 30076 REPRESENTATIVE The Galloway Law Group, LLC – William Woodson Galloway ADDRESS 3500 Lenox Road, NE Suite 760 Atlanta, GA 30326 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – OCTOBER 28, 2015 U15-05- APPROVAL CONDITIONAL VC15-05 – APPROVAL CONDITIONAL A Use Permit for a Retreat (Sec. 64-1821) in AG-1 (Agricultural) on 26.65 acres using the existing structures. A concurrent variance to allow the existing vegetation within the 100 foot undisturbed buffer and 10 foot improvement setback and not to plant additional vegetation (Sec. 64-1821(b)(3)). Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 10/29/2015 U15-05/VC15-05 Page 2 of 15 PLANNING COMMISSION RECOMMENDATION – OCTOBER 28, 2015 U15-05- APPROVAL CONDITIONAL – 7-0 VC15-05 – APPROVAL CONDITIONAL – 7-0 The Commission recommended that Condition 1.d. be changed from a maximum of 20 people to 100 people and to reflect the appropriate amount of parking for 100 people on the site plan. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 10/29/2015 U15-05/VC15-05 Page 3 of 15 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 10/29/2015 U15-05/VC15-05 Page 4 of 15 EXISTING ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 10/29/2015 U15-05/VC15-05 Page 5 of 15 FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 10/29/2015 U15-05/VC15-05 Page 6 of 15 SITE PLAN SUBMITTED – AUGUST 25, 2015 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 10/29/2015 U15-05/VC15-05 Page 7 of 15 SUBJECT SITE: The subject site is zoned AG-1 (Agricultural) and developed with a 10,045 square foot single family residence, a 1,285 square foot pool house, a 2,629 square foot barn and a second 1,069 square foot barn near the entrance of the property. The property contains 26.65 acres with an existing lake near Bethany Road; and Cooper Sandy Creek is the southern property line. The property is heavily vegetated along the north and western property lines with specimen trees throughout the property as shown on the site plan. PROPOSED USE: In the applicant’s letter of intent dated August 25, 2015, a Use Permit pursuant to Sec. 64-1821 to operate a private women’s day retreat center and Concurrent variance for the subject site is being requested. The women’s day retreat is proposed to serve l ocal women in ministry or women who are married to full or part time ministers. Further, it states that the Use Permit will allow these local leading women in ministry a private and quiet place for respite and reflection, collaboration, and mentorship. An amended letter of intent dated October 19, 2015 further states that no additional structures will be added to the property and the existing buildings with some interior modifications will serve the needs of the ministry. Based on discussions with neighbors through the public participation process, the applicant intends for the property to be private and gated so that only invited guests may access the property. Although the normal daily operating hours will be 9:00 a.m. to 5:00 p.m., there may be occasional evening ministry usage of the property as well as occasional overnight guests. Additionally, while the current groundskeeper/home manager does not reside on the property, in the future there may be a caretaker who does live, or may occasionally stay on the property. Also, to the extent that there is any occasional outdoor usage of the property, that usage will conclude no later than 10:00 p.m. and the noise level will comply with Section 64-215 of the City of Milton Zoning Ordinance regarding noise. The applicant estimates that there will be an average of 0 to 20 women on the property at any given time during the course of the day. There also will be likely be some weekly gatherings and/or quarterly special events that will have a higher attendance, but those will be the exception and not the rule. SITE PLAN ANALYSIS: Based on the applicant’s site plan submitted to the Community Development Department on August 25, Staff offers the following considerations: Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 10/29/2015 U15-05/VC15-05 Page 8 of 15 Retreat (Section 64-1821) Development Standards Does the application meet the requirements? (a) Required districts. AG-1, M-1A, M-1 and M-2. This section includes facilities of lodging and food service for social, educational and recreational purposes. Yes, it is currently zoned AG-1. (b) 1. Minimum lot size shall be ten acres. Yes, it contains 26.65 acres. (b) 2. Permitted curb cut access shall not be derived from a local street. Bethany Road is not a local street. (b) 3. A minimum 100-foot-wide buffer and ten-foot improvement setback are required adjacent to residential districts, AG-1 districts used for single-family dwellings and adjoining a public street. No, the applicant is requesting a concurrent variance. See below. (b) 4. A minimum 50-foot-wide buffer and ten-foot improvement district are required adjacent to all other nonresidential districts. Does not apply. (b) 5. Length of the stay for all but permanent staff shall not exceed 30 consecutive days. Does not apply. (b) 6. Sanitary facilities or trash receptacles shall be located a minimum of 200 feet from any residential district or AG-1 district when used for single-family dwellings. Yes, meets the requirement. (b) 7. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG-1 districts used for single-family dwellings. Yes (b) 8. Recreational facilities associated with the use shall be for staff and guests only. Yes, the pool will be utilized by the staff and guests. (b) 9. One parking space per lodging unit or five per 1,000 square feet of floor area, whichever is greater. Yes, based on the floor area. Discussion of Use Permit Standards The applicant does not meet the required 100 foot wide buffer and ten foot improvement setback. Therefore, the following concurrent variance is being requested. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 10/29/2015 U15-05/VC15-05 Page 9 of 15 VC15-05– To allow the existing vegetation within the 100 foot undisturbed buffer and 10 foot improvement setback and not to plant additional vegetation (Sec. 64-1821(b)(3)). The subject site is heavily vegetated along the west and northwest property lines with some vegetation along the north property line. In addition, there are planted evergreens along Bethany Road that provide additional screening. The southern property line is Cooper Sandy Creek where there is some vegetation and a large pasture. In addition, the large size of the parcel, 26.65 acres, and the location of the main buildings in the center of the site also provide additional protection from adjacent residential uses. It is Staff’s opinion that based on these conditions; (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance; (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant; (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; and (4) That the public safety, health and welfare are secured, and that substantial justice is done. Therefore, Staff recommends that VC15-05 be APPROVED CONDITIONAL. Rural Milton Overlay District The proposed site plan meets the requirements of the Rural Milton Overlay District as required pursuant to Sec. 64-1144. City Arborist The proposed Use Permit will not impact any specimen trees based on the fact that there will be no improvements to the site which encroach on specimen trees. The site plan indicates the existing specimen trees on the site. Fire Marshal Prior to the issuance of a Certificate of Completion, the Fire Marshal will need to inspect the site for compliance with life safety codes. Environmental Site Analysis The Environmental Site Analysis (ESA) report was completed as required by the Zoning Ordinance. On the site, there are various bodies of water; Cooper Sandy Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 10/29/2015 U15-05/VC15-05 Page 10 of 15 Creek, a pond, three other unnamed streams and wetland. The site also contains 100 year floodplain. There are no severe slopes on the site. In addition there are specimen trees but they will not be impacted by the proposed use. There is no endangered vegetation or wildlife on the site. Public Involvement Community Zoning Information Meeting On September 29, 2015 the applicant and their representative were present at the Community Zoning Information Meeting held at the Milton City Hall. There were twelve people from the community in attendance at the meeting. The following issues were brought up at the meeting:  Hours of operation, would there be overnight stays on the property?  How many people would be using the retreat on a regular basis?  Will there be future development or other uses on the site?  Concerned about potential noise. City of Milton Design Review Board Meeting Courtesy Review – October 6, 2015 The following question was asked at the meeting:  Will the facility evolve into an event facility? Public Participation Plan and Report The applicant’s representative submitted the required Public Participation Report on October 20, 3015. The applicant’s Public Participation Meeting was held on October 14, 2015 at 6:30 p.m. at the Milton Library located at 855 Mayfield Road. There was only one person who attended the meeting. She had some general questions about the nature of the proposed use, but did not express any specific concerns. USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 10/29/2015 U15-05/VC15-05 Page 11 of 15 The proposed development is located in the Agricultural, Equestrian, Estate Residential (AEE) land use category on the City of Milton 2030 Comprehensive Plan Map. The proposed use permit is permitted in the AG-1 (Agricultural) district which is an acceptable zoning district for the AEE land use category. In addition, the following Plan Policies are consistent with the proposed use: “We will support programs that retain, expand and create businesses that provide a good fit for our community’s economy in terms of job skills required and links to existing businesses and locate them appropriately within the City.” “We will encourage the preservation of natural resources areas and preserve contiguous green open spaces development of land in appropriate designated areas as development occurs.” Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The subject site is on the southwest corner of Bethany and Providence Road. To the west and northwest is a single family subdivision zoned AG-1 (Agricultural), The Reserve at Providence. To the north, northeast, east and south are scattered single family residences zoned AG-1 as well as large parcels of AG-1. Further to the southwest are single family residential subdivisions zoned AG-1, Lake Haven and Trotters Ridge. It is Staff’s opinion that the proposed Retreat is compatible with adjacent and nearby properties if approved with the Recommended Conditions. 2. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use does not appear to violate any ordinances or regulations governing land development if the concurrent variance is approved. 3. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: The proposed use’s effect on the traffic flow, vehicular and pedestrian, along adjoining streets should be minimal as the proposed use anticipates between 0 and 20 people on the site per day. 4. The location and number of off-street parking spaces; The required number of parking spaces is one space per lodging unit or five per 1,000 square feet of floor area, whichever is greater. There are 7 bedrooms in the house, although the intent is not to utilize them for the Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 10/29/2015 U15-05/VC15-05 Page 12 of 15 day retreat. The largest area for assembly is 2,600 square feet which would require 13 spaces. The site plan indicates a total of 13 spaces on the site plan and those parking spaces are not seen from the Bethany Road. Staff notes that for those occasional events that require more parking, there is sufficient room on the site to accommodate additional parking. 5. The amount and location of open space: The proposed site provides for a large area of open space surrounding the main house and accessory structures. In addition, there is a large pasture on the site. 6. Protective screening: Although the site plan does not meet the required 100 foot undisturbed buffer and 10 foot improvement setback as discussed above in VC15-05, it is Staff’s opinion that the large size of the parcel and the existing vegetation provides the needed screening from adjacent properties. 7. Hours and manner of operation: The applicant has proposed the following hours and manner of operation: 9:00 a.m. to 5:00 p.m. and occasional evening ministry usage of the property and occasionally overnight guests. In the amended Letter of Intent dated October 19, 2015, the applicant stated that the retreat would comply with Section 64-215 as it pertains to noise. Staff notes that the Use Permit addresses noise (Sec. 64-1821(b)(7)). This requirement is slightly more restrictive and therefore the facility shall comply with the abovementioned section. The applicant also proposes that occasional outdoor usage conclude no later than 10:00 p.m. In addition, the property will be private and gated so that only invited guests may access the site. Lastly, the applicant has indicated that a groundskeeper or home manager may live on the premises. These hours and manner of operation will be reflected in the Recommended Conditions. 8. Outdoor lighting: The applicant has not indicated any additional lighting on the site. If lighting is proposed, it must comply with the Night Sky Ordinance. 9. Ingress and egress to the property. The proposed ingress and egress to the retreat is via Bethany Road which meets the minimum sight distance requirement. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 10/29/2015 U15-05/VC15-05 Page 13 of 15 CONCLUSION If approved with the Recommended Conditions, the proposed retreat is consistent with the City of Milton 2030 Future Land Use Plan and Policies. Therefore, Staff recommends U15-05 be APPROVED CONDITIONAL. Additionally, Staff recommends VC15-05 be APPROVED CONDITIONAL. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 10/29/2015 U15-05/VC15-05 Page 14 of 15 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for a Retreat (Sec. 64-1821) subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) A retreat within the existing house, two existing barns, and pool house as shown on the site plan received by the Community Development Department on August 25, 2015. b) The hours of operation shall be the following: i. 9:00 a.m. to 5:00 p.m. ii. Occasional evening ministry usage and occasional overnight guests. iii. All outdoor usage shall conclude no later than 10:00 p.m. c) A groundskeeper or home manager may be permitted to live on the property. d) No more than 100 people shall be on the property on any given day except for occasional evening or weekend special events. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on August 25, 2015. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 16, 2015 (First Presentation November 2, 2015) 10/29/2015 U15-05/VC15-05 Page 15 of 15 3) To the owner’s agreement to the following site development considerations: a) To allow the existing vegetation within the 100 foot undisturbed buffer and 10 foot improvement setback and not to plant additional vegetation. (VC15-05) 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site shall be subject to the approval of City of Milton Public Works Department, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works. At a minimum the following shall apply: i. Primary access to the site shall be from the existing asphalt driveway located approximately 340 feet south of the intersection of Bethany Bend and Providence Road b) Dedicate at no cost to the City of Milton, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the following rights-of-way: i. Provide at least 40 feet of right-of-way from the centerline of Providence Road and Bethany Road along the entire property frontage ii. Provide a minimum 20 foot right-of-way miter at intersection of Providence Road and Bethany Road ORDINANCE NO._______ PETITION NO. U15-05/VC15-05 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE FOR A USE PERMIT FOR A RETREAT (SEC. 64-1821) ON 26.65 ACRES LOCATED AT 13650 BETHANY ROAD. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on November 16, 2015 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so that the following property located at 13650 Bethany Road consisting of a total of approximately 26.65 acres as described in the attached legal description, be approved for a Use Permit for a Retreat with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lots 887, 888, 913, and 914 of the 2nd District 1st Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the Retreat listed in the attached conditions of approval, be approved under the provisions Sec. 64-1821 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 16th day of November, 2015. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) SITE PLAN SUBMITTED AUGUST 25, 2015 HOME OF ' _ :. ..- .. ' MILTO N'lp ESTAM ISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 22, 2015 FROM: City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Enterprises LLC, dba, Milton Shell, Located at 3105 Bethany Bend, Milton, GA 30004. MEETING DATE: Monday, November 2, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: O) APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES NO CITY ATTORNEY REVIEW REQUIRED: (} YES NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS ®10 youmi - aPHONE: 578.242.25001 FAX: 678242.2499 Green *Cereifwd* SOPIGO 01 infoftityofmiltonga.us i www.cityofmiltonga.us WWII Community i �h; 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ''a To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on October 9, 2015 for the November 2, 2015 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Advance Enterprises LLC dba Milton Shell, Located at 3105 Bethany Bend, Milton, GA 30004. ____________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license to Advance Enterprises LLC dba Milton Shell for package retail sale 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 a change in ownership. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Advance Enterprises LLC dba Milton Shell Contact Name: Vasudev R. Patel Business Address: 3105 Bethany Bend, Milton, GA 30004 Type of License: Package Retail – 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 Steven Krokoff, Chief of Police Kathleen Field, Director of Community Development Attachment(s): None. HOME OF ' ESTAIILISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 27, 2015 FROM: City Manager AGENDA ITEM: Consideration of the Final Service Delivery Strategy Agreement between the City of Milton, Fulton County, and All Other Municipalities in Fulton County. MEETING DATE: Monday, November 2, 2015 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: �%j YES O NO CITY ATTORNEY REVIEW REQUIRED: k YES () NO APPROVAL BY CITY ATTORNEY X)APPROVED O NOT APPROVED PLACED ON AGENDA FOR: REMARKS 0 10 Yauam PHONE: 0 678.242.25001 FAX: 678.242.2499 Greene ;Certified* ToplOo info@cityofmiltonga.us I www.cityofmiltonga.us +'ice Community 4 EFh;�f j 13000 Deerfield Parkway, Suite 107 I Milton GA 30004 SERVICE DELIVERY STRATEGY FOR FULTON COUNTY AND THE CITIES OF: ALPHARETTA ATLANTA CHATTAHOOCHEE HILLS COLLEGE PARK EAST POINT FAIRBURN HAPEVILLE JOHNS CREEK MILTON MOUNTAIN PARK PALMETTO ROSWELL SANDY SPRINGS UNION CITY July 17, 2015 Formatted: Emphasis, Font: Calibri, 11 pt ATTACHMENT – III Service Delivery Strategy • 911 3 • Animal Control 7 • Communications (Non-911) 12 • Courts 16 • Drug Task Force 20 • Fire 23 • Aviation 28 • Indigent Care 31 • Law Enforcement (Police and Marshal) 34 • Mental Health/Development Disability/Addictive Diseases (MH/DD/AD) 39 • Public Defender 41 • Recreation Programs 43 • Recycling Programs/Curbside 46 • Refuse Collection 51 • Senior Centers 55 • Wastewater (Treatment and Collection) 58 • Water System (Treatment and Distribution) 67 • Welfare Services 70 • Yard Waste Collection 73 • Arts Grants Program 77 • Arts Programs 80 • Building Inspections & Permits 83 • Code Enforcement 86 • Computer Maps (GIS) 89 • Disability Affairs 93 • Economic Development 95 • Elections 98 • Emergency Management (EMS) 101 • Environmental Health 104 • Environmental Regulation 108 • Housing 111 • Parks 115 • Physical Health 118 • Planning & Zoning 121 • Solicitor 124 • Street Construction and Maintenance 128 • Storm Water 129 • Voter Registration 135 • Workforce Development 136  Jail 139 ATTACHMENT IV Exhibits 1 ______________________________________ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SERVICE DELIVERY STRATEGY FOR FULTON COUNTY PAGE 1 I. GENERAL INSTRUCTIONS: 1. Only one set of these forms should be submitted per county. The completed forms should clearly present the collective agreement reached by all cities and counties that were party to the service delivery strategy. 2. List each local government and/or authority that provides services included in the service delivery strategy in Section II below. 3. List all services provided or primarily funded by each general purpose local government and authority within the county in Section III below. It is acceptable to break a service into separate components if this will facilitate description of the service delivery strategy. 4. For each service or service component listed in Section III, complete a separate Summary of Service Delivery Arrangements form (page 2). 5. Complete one copy of the Summary of Land Use Agreements form (page 3). 6. Have the Certifications form (page 4) signed by the authorized representatives of participating local governments. Please note that DCA cannot validate the strategy unless it is signed by the local governments required by law (see Instructions, page 4). 7. Mail the completed forms along with any attachments to: Georgia Department of Community Affairs Office of Coordinated Planning For answers to most frequently asked questions on 60 Executive Park South, N.E Georgia’s Service Delivery Act, links and helpful. Atlanta, Georgia 30329 publications, visit DCA’s website at www.dca.servicedelivery.org, or call the Office of Coordinated Planning at (404) 679-3114. Note: Any future changes to the service delivery arrangem ents described on these form s will require an official update of the service delivery strategy and submittal of revised forms and attachments to the Georgia Departm ent of Community Affairs. II. LOCAL GOVERNMENTS INCLUDED IN THE SERVICE DELIVERY STRATEGY: In this section, list all local governments (including cities located partially within the county) and authorities that provide services included in the service delivery strategy. Fulton County, Alpharetta, City of Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs, Union City, Roswell Housing Authority, ChatCom Authority, Union City Housing Authority, Fairburn and Palmetto Housing Authority, South Fulton Municipal Regional Jail Authority, South Fulton Municipal Regional Water and Sewer Authority, Fulton/DeKalb Hospital Authority, Housing Authority of Fulton County, College Park Housing Authority, Milton Parks Authority, Milton Facilities Authority, Atlanta Downtown Improvement Development Authority, Atlanta Urban Redevelopment Agency, Atlanta Housing Authority, Atlanta-Fulton County Recreation Authority, Development Authority of Fulton County, Development Authority of DeKalb County, Metro Atlanta Joint Development Authority, Metro Atlanta Rapid Transit Authority, Fulton County Urban Redevelopment Agency; Building Authority of Fulton County; College Park Business and Industrial Development Authority Development Authority of Hapeville, Fulton County Residential Care Facilities for the Elderly Authority, Clayton County Water Authority 2 III. GOVERNING PROVISIONS: 1. Unless otherwise specified herein, agreements between and among the parties hereto may be changed or cancelled without modifying, cancelling, or affecting in any way, this Service Delivery Strategy. 2. The parties have engaged in good faith negotiations and reached agreement as to the Fulton County Service Delivery Strategy (“Strategy”), pursuant to the requirements of the Service Delivery Act O.C.G.A. § 36 -70-20, et seq. (the “Act”); and affirmatively declare that this Strategy is not intended to limit or supersede the rights and powers of each and every party to this Strateg y as to each parties’ respective rights and powers granted by the State of Georgia, as political subdivisions of the State of Georg ia, as may be set out in respective City or County Charters, the Georgia Constitution, the Official Code of Georgia or other applicable law, except as affirmatively required by the Act; and the parties expressly reserve such rights and powers. 3 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton Service: 911 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach an UPDATED legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required. Fulton, Alpharetta, Atlanta, College Park, East Point, Fairburn, Hapeville, Palmetto, Chattahoochee Hills, Roswell, Union City, Mountain Park:, Sandy Springs and, Johns Creek using ChatCom Authority for 911:, Milton using Alpharetta for 911 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 4 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? Not Applicable 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: Intergovernmental Roswell and Mountain Park 4/30/98 – indefinite 911 Intergovernmental Alpharetta and Milton 10/1/08 through 9/30/18 911 Intergovernmental Palmetto and Fulton County 12/19/07 through12/18/17 911 Intergovernmental Fulton County and Fairburn 1/1/2015 through 12/31/2018 911 Intergovernmental Fulton County and Chatt Hills 3/1/15 through 12/31/18 911 Intergovernmental Fulton County and Union City 3/1/15 through 12/31/18 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: L a u r a Le w i s Phone number: 404.612.0246 Date completed: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes  No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-8320 PAGE 2 (continued) 5 SERVICE DELIVERY STRATEGY Services: 911 Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: All municipalities in Fulton will continue to provide their own 911 services within their respective cities, with the exception of Mountain Park, which will continue to contract with Roswell for 911 services. Palmetto, Fairburn, Union City, and Chattahoochee Hills contract with Fulton County for 911 services. Milton contracts with Alpharetta for 911 services. Sandy Springs and Johns Creek contract with ChatCom for 911 services. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta 911 Fund/User Fees Atlanta 911Fund/User Fees/General Fund Chattahoochee Hills 911 Fund/User Fees College Park 47% 911 Fund/ 53% General Fund East Point General Fund/911 Fund/User Fees Fairburn 911Fund/User Fees/General Fund Hapeville 911 Fund/User Fees Johns Creek 911Fund/General Fund /User Fees Milton 911 Fund /User Fees (potential General Fund) Mountain Park 911 User Fees Palmetto 911 Fund/User Fees Roswell 911 Fund/User Fees 6 Sandy Springs 911 Fund/User Fees/General Fund Union City 911 User Fees/General Fund Fulton County 911 Fund/User Fees 7 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Animal Control 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required Fulton County and all municipalities 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 8 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? The Fulton County General Fund will pay for rabies related activities. Fulton County will fund other animal control services from the Special Service District, based on calls for service in the unincorporated areas of the County. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates IGA Fulton/Atlanta 7/1/14-12/31/17 IGA Fulton/Sandy Springs 2014-6/30/17 IGA Fulton/Union City 2014-6/30/17 IGA Fulton/Fairburn 2014-6/30/17 IGA Fulton/City of Roswell 2014-6/30/17 IGA Fulton/Chattahoochee Hills 2014-6/30/17 IGA Fulton/Alpharetta 2014-6/30/17 IGA Fulton/City of Milton 2014-6/30/17 IGA Fulton/Hapeville 2014-6/30/17 IGA Fulton/College Park 2014-6/30/17 IGA Fulton/Palmetto 2014-6/30/17 IGA Fulton/Mountain Park 2014-6/30/17 IGA Fulton/East Point 2014-6/30/17 IGA Fulton/Johns Creek 2014-6/30/17 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: La u r a Le w i s Phone number: 404.612.0246 Date completed: J u l y 1 7 , 2 0 1 5 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No 9 If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-8320 PAGE 2 (continued) 10 SERVICE DELIVERY STRATEGY Services: Animal Control Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County and municipalities in Fulton County share the cost of animal control services provided by a vendor which has a contract with Fulton County. The current contract provides for the County General Fund to pay an adjustable percentage (determined by the number of calls received that are related to rabies activities) of the cost of the contract for animal control services. The remaining contract cost is paid by the County Special Service District Fund (Unincorporated Fulton County) and the municipalities based on calls for services provided to the respective municipalities and unincorporated areas. Citations issued by animal control personnel within a municipality shall be prosecuted in the municipal court of that municipality. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund 11 Mountain Park General Fund Palmetto General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund Fulton County General Fund Fulton County (Unincorporated) SFSSD 12 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Communications (Non-911) 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.):  Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required Fulton County, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 13 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County General Fund/ User Fees/Enterprise Fund (Water/Sewer) Municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? This service was not delineated in the previous Service Delivery Strategy. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 800 MHz IGA Fulton County / Chattahoochee Hills 3/1/15 through 12/31/18 800 MHz IGA Fulton County / Palmetto 1/2014 through 12/2018 800 MHz IGA Fulton County / Johns Creek 1/1/15 through 12/31/18 800 MHz IGA Fulton County / Fairburn 1/1/15 through 12/31/18 800 MHz IGA Fulton County / Milton 1/1/15 through 12/31/15 800 MHz IGA Fulton County / Mountain Park 1/1/15 through 12/31/15 800 MHz IGA Fulton County / Sandy Springs 1/1/15 through 12/31/15 800 MHz IGA Fulton County / Alpharetta 1/1/15 through 12/31/15 800MHz IGA Fulton County / Roswell 1/1/15 through 12/31/15 800 MHz IGA Fulton County / Union City 1/1/15 through 12/31/18 Unified Radio System IGA Alpharetta/Milton/Roswell/Sandy Springs 1/28/13 through 1/27/33 800 MHz IGA Atlanta/College Park ? 800 MHz IGA Fulton County / Fulton County School Bd. 1/1/15 through 12/31/18 800 MHz IGA Fulton County / Chatt. River Nat’l Recreation Area 1/1/15 through 12/31/18 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date completed: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? ✔ Yes No Formatted: Right: -0.05", Line spacing: single 14 If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 15 SERVICE DELIVERY STRATEGY Services: Communications (Non -911) Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County provides certain county-wide, non-911 system communication services, including (but not limited to) the 800 MHZ radio communications system. These systems allow for communications among public-safety agencies and other governmental users and also allow for communications to the general public. Atlanta provides a non-911 communications service within its boundaries and to other users, including those identified in the intergovernmental agreements listed in Section 5. The North Fulton Regional Radio System Authority provides a unified radio system to Roswell, Sandy Springs, Milton and Alpharetta. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund 16 Johns Creek General Fund Milton General Fund Mountain Park General Fund Palmetto General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund Fulton County General Fund/800 MHz System Fees/ Enterprise Fund (Water/Sewer) 17 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Courts 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Fulton County Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required Fulton County provides Probate, Magistrate , Juvenile, State and Superior Courts County- wide. Each Municipality provides municipal courts within its jurisdiction. 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 18 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: General state law 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g. ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc. and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 j Date completed: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes  No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued)  19 SERVICE DELIVERY STRATEGY Services: Courts Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide Magistrate, Probate, Juvenile, State and Superior Court services to the unincorporated and incorporated areas of Fulton County. Each municipality within the county provides and will continue to provide Municipal Court services within their respective city where the municipal court has jurisdiction under the state law and city charter. COURTS FUNDING ARRANGEMENT (Superior, State, Magistrate, Probate, and Juvenile) Local Government Funding Method Fulton County General Fund/ South Fulton Special Services District (SFSSD) Municipal Courts Local Government Funding Method Alpharetta General Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund 20 Hapeville General Fund Johns Creek General Fund Milton General Fund Mountain Park General Fund Palmetto General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund 21 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Drug Task Force 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Fulton County, Alpharetta, Atlanta, College Park, East Point, Fairburn, Hapeville, Mountain Park Palmetto, Roswell, Union City, Milton and Johns Creek Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 22 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date completed: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes √ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 23 SERVICE DELIVERY STRATEGY Services: Drug Task Force Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide drug enforcement services to the unincorporated areas of the Fulton County. Each municipality within the county will continue to provide drug enforcement services within their respective city. Further, the GBI and the DEA provide overlapping support to the County and the cities. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund Mountain Park General Fund Palmetto General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund Fulton County SFSSD 24 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Fire 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required Fulton County, Alpharetta, Atlanta, College Park, East Point, Hapeville, Roswell, Union City, Chattahoochee Hills, Sandy Springs, Johns Creek, Palmetto, Milton and Fairburn 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified?  Yes No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 25 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: IGA Mutual Aid Atlanta/Sandy Springs/DeKalb/Cobb ? IGA Mutual Aid Palmetto/Fairburn 12/11/07- Annual Automatic Renewal IGA Mutual Aid Palmetto/Chattahoochee Hills 6/2/08 – Annual Automatic Renewal IGA Automatic Aid Alpharetta/Milton 10/01/2008 – Annual Automatic Renewal IGA Automatic Aid GA Mutual Aid Group GAMAG- 5/00 - indefinite IGA Mutual Aid Roswell/Milton 10/26/07 – Annual Automatic Renewal Mutual Aid Agreement College Park Secretary of the Army 2/7/2002-effective until 90 day notice Mutual Aid Agreement Fulton County/College Park 6/21/2003 - Mutual Aid Agreement Atlanta/College Park 1/4/2010-12/31/2015 – Agreement will be reviewed and renewed annually on January 1st each year of this term” MOU Metro Atlanta Urban Area Security Initiative/Atlanta ? Mutual Aid Resource Pact Atlanta/Georgia Mutual Aid Group 3/14/94 IGA Mutual Aid Palmetto/Union City 1 year renewable terms – terminable on 12/31/15 if 90 day notice is given IGA Mutual Aid Union City/Atlanta 1 year renewable terms – terminable on 12/31/15 if 90 day notice is given IGA Mutual Aid Union City/College Park 1 year renewable terms – terminable on 12/31/15 if 90 day notice is given 26 IGA Mutual Aid Union City/Fulton County 1 year renewable terms – terminable on 12/31/15 if 90 day notice is given IGA Mutual Aid Union City/Fairburn 1 year renewable terms – terminable on 12/31/15 if 90 day notice is given IGA Mutual Aid Fulton County/Roswell 8/20/03 – Annual Automatic Renewal (terminable if 90 day notice is given) IGA Mutual Aid Fulton County/Douglas County 8/20/03 – Annual Automatic Renewal (terminable if 90 day notice is given) IGA Mutual Aid Fulton County/College Park 9/17/03 - Annual Automatic Renewal (terminable if 90 day notice is given) IGA (Cascade Corridor) Fulton County/Atlanta ? Public Safety IGA Roswell/Mountain Park 4/20/2009 – no end date 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? The Georgia Mutual Aid Group. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date completed: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) Formatted: Indent: Left: 0.28", Right: -0.01", Space Before: 0 pt, Line spacing: single 27 SERVICE DELIVERY STRATEGY Services: Fire Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide fire services to the unincorporated areas of Fulton County and a limited area within the City of Atlanta known as the Cascade Corridor. Each municipality within the County, with the exception Mountain Park, will continue to provide fire services within their respective cities. Mountain Park has a volunteer fire department which provides fire services within the city. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund/Enterprise Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund Palmetto General Fund Chattahoochee Hills General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund 28 Fulton SFSSD 29 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Aviation 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.):  Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No maps required Fulton County, City of Atlanta, College Park, and Hapeville 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 30 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: City of Atlanta Enterprise Fund Fulton County Enterprise Fund 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date completed:July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 31 SERVICE DELIVERY STRATEGY Services: Aviation Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: The City of Atlanta owns and operates the Hartsfield-Jackson Atlanta International Airport, which is located within the City of Atlanta, the City of College Park, the City of Hapeville and Clayton County and provides international airport services. Fulton County owns and operates the Fulton County Airport, which is located within unincorporated Fulton County and provides airport services to the region. 32 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Indigent Care 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.):  Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): Fulton County, Fulton/DeKalb Hospital Authority and City of Atlanta 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 33 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County General Fund/ MOU Fulton/ DeKalb Hospital Authority MOU City of Atlanta/Hospital Authority General Fund/ Contract 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: MOU Fulton County/Hospital Authority Contract City of Atlanta/Hospital Authority 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date completed: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes  No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 34 SERVICE DELIVERY STRATEGY Services: Indigent Care Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County provides and will continue to provide indigent care services to the unincorporated and incorporated areas of Fulton County. Indigent care is available to the residents of Fulton County through the Fulton/DeKalb Hospital Authority and the Grady Memorial Hospital Corporation (Grady Hospital). The City of Atlanta also provides for Indigent Care to citizens of the City of Atlanta through a contract with Grady Hospital. 35 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Law Enforcement (Police and Marshal) 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required All cities and Fulton County provide police services within their jurisdictions. Roswell and Fulton County provide Marshal services. 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 36 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: Police Protection Agreement East Point /College Park 2/4/2003 – Annual Automatic Renewal Mutual Aid Agreement Atlanta/College Park 5/5/2005 – Annual Automatic Renewals) Cooperative Agreement MARTA/College Park 8/17/2007 – With written notice Public Safety IGA Roswell/Mountain Park 4/20/2009 – no end date 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date completed: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes  No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 37 SERVICE DELIVERY STRATEGY Services: Law Enforcement (Police and Marshal) Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide police service to the unincorporated areas of the Fulton County. These duties include patrol, criminal investigation, apprehension, and crime prevention activities. These activities are funded through the South Fulton Tax District. There is also a section of Fulton County police service that is funded through the General Fund. One is the identi fication unit, which provides fingerprint checks for prospective employees, firearm permits, business license applicants, work permits, and crime scene technicians. The other is building security, which provides county-wide physical security support. Each municipality within the county provides and will continue to provide police services within their respective city. The County Marshal’s office is to directly support the State and Magistrate Courts of Fulton County. The Marshal provides service to all portions of unincorporated and incorporated Fulton County. When called upon, the Marshal will protect life and property, preserve the peace, prevent crime, arrest violators of the law, and enforce all Federal, State and local laws and ordinances coming within the State Court’s jurisdiction. Many jurisdictions have mutual aid agreements for the purpose of sharing equipment and/or resources. 38 FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund/Grants/ Forfeiture Funds Atlanta General Fund/Grants/ Forfeiture Funds Chattahoochee Hills General Fund College Park General Fund/Grants/ Forfeiture Funds East Point General Fund/Grants/ Forfeiture Funds Milton General Fund/Grants/ Forfeiture Funds Roswell General Fund Sandy Springs General Fund/Grants/ Forfeiture Funds Fairburn General Fund/Grants/ Forfeiture Funds Hapeville General Fund/Grants/ Forfeiture Funds Johns Creek General Fund/ Grants/Forfeiture Funds Mountain Park General Fund/Grants/ Forfeiture Funds Palmetto General Fund/Grants/ Forfeiture Funds Roswell General Fund/Grants/ Forfeiture Funds Union City General Fund/Grants/ 39 Forfeiture Funds Fulton County SFSSD/Grants/ Forfeiture Funds/General Fund 40 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County Fulton County Service: Mental Health, Developmental Disability, Addictive Diseases 1. Check the box that best describes the agreed upon delivery arrangement for this service: ✔ Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Fulton County Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 41 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County Health Grant Fund (General Fund, State Funds, Federal Funds) 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes  No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 42 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Public Defender 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): _______________________________________________________________________________ Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.):  Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required Fulton County and all cities within Fulton County. 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 43 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc. Local Government or Authority: Funding Method: Fulton County General Fund /Special Service District Fulton Municipalities General Fund 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? Each municipality is required to provide public defender services pursuant to the law. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Each municipality shall be responsible for providing its own Public Defender for its municipal court 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 44 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Recreation Programs 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): No maps required Fulton County, Alpharetta – Private Provider, Atlanta, College Park, East Point, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Union City, Sandy Springs, Chattahoochee Hills, Milton, and Johns Creek Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 45 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: J u l y 1 7 , 2 0 1 5 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local governments projects are consistent with the service delivery strategy? Yes  No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 46 SERVICE DELIVERY STRATEGY Services: Recreation Programs Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs, and Union City. Strategy: Fulton County will continue to provide Recreation services to the unincorporated Fulton County. Each municipality within the county will continue to provide Recreation services within their respective city. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund/Fees Atlanta General Fund/Fees/Grants Chattahoochee Hills General Fund/Fees College Park General Fund /Car Rental Tax/Fees East Point General Fund/Fees Fairburn General Fund/Fees Hapeville General Fund/Fees Johns Creek General Fund/Fees Milton General Fund/Fees Mountain Park General Fund/Fees Palmetto General Fund/Fees Roswell General Fund/Enterprise/Fees Sandy Springs General Fund/Fees Union City General Fund/Fees Fulton County SFSSD 47 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Recycling Programs/Curbside 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area) No map required Fulton County and all municipalities within Fulton County. Municipalities Service Provider Atlanta Atlanta College Park Public Works Department East Point ? Union City Private Company Alpharetta Private Company Mountain Park Private Company Roswell Private Company Milton Private Company Johns Creek Private Company Hapeville Private Company Chattahoochee Hills Private Company Fairburn Private Company Palmetto Private Company Sandy Springs Private Company Fulton County Private Company 48 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County See Funding Arrangement Fulton Municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Services provided by approved haulers in compliance with Solid Waste Management Plan. 49 7. Person completing form: Stacey Grundy Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes  No If not, provide designated contact person (s) and phone number (s) below: County Manager (404) 612-0832 PAGE 2 (continued) 50 SERVICE DELIVERY STRATEGY Services: Recycling/Curbside Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Recycle/Curb Side services will continue to be provided by private contractors in Unincorporated Fulton County. The cities of Atlanta and College Park will continue to provide recycling services within their respective cities. The cities of Alpharetta, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Sandy Springs, Milton, Johns Creek, Chattahoochee Hills and Union City provide their residents with recycling services through contracts with private waste haulers. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta Enterprise Fund Atlanta Enterprise Fund Chattahoochee Hills Private Contract College Park Enterprise Fund East Point Enterprise Fund Fairburn Enterprise Fund Hapeville Enterprise Fund Johns Creek Customer Contract Milton Customer Contract Mountain Park Enterprise Fund 51 Palmetto Enterprise Fund Roswell Enterprise Fund Sandy Springs Customer Contract Union City Enterprise Fund Fulton County SFSSD 52 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Refuse Collection 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required Fulton County and all municipalities within Fulton County 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 53 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 54 SERVICE DELIVERY STRATEGY Services: Refuse Collection Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Refuse Collection services will continue to be provided by private contractors in unincorporated Fulton County. The cities of College Park, East Point, Hapeville, and Roswell will continue to provide refuse collection within their respective cities. The cities of Alpharetta, Fairburn, Mountain Park, Palmetto, Sandy Springs, Union City and Milton and Johns Creek will provide their citizens with refuse collection through franchise agreements or contracts with private waste haulers. The City of Atlanta will continue to provide refuse collection to include dead animal collection and disposal within the City of Atlanta’s corporate limits. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta Enterprise Fund Atlanta Enterprise Fund Chattahoochee Hills Customer Contracts College Park Enterprise Fund East Point Enterprise Fund Fairburn Enterprise Fund Hapeville Enterprise Fund Johns Creek Customer Contracts Milton Customer Contracts Mountain Park Enterprise Fund 55 Palmetto Enterprise Fund Roswell Enterprise Fund Sandy Springs Customer Contracts Union City Enterprise Fund Fulton County SFSSD 56 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Senior Centers 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): Fulton County, Alpharetta, College Parkrk Rowel,, Union City, Johns Creek 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 57 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See funding arrangements 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 58 SERVICE DELIVERY STRATEGY Services: Senior Centers Parties: Fulton County and the cities of Alpharetta, Atlanta, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to operate and manage 15 neighborhood senior centers through the Office of Aging within the Aging and Youth Services Department. The neighborhood senior centers are located within the following municipalities: Atlanta, Alpharetta, Roswell, Hapeville, College Park, Fairburn, Palmetto, Milton and Sandy Springs. The centers are managed by three non-profit agencies under contract with Fulton County and geographically located to provide optimum community- based services. Funding is a combination of Federal (Older Americans Act), State and General Funds. The cities of College Park, Johns Creek, Union City, Roswell, and Alpharetta each have an independent senior center. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund/Grants College Park General Fund/Grants Roswell General Fund/Grants Union City General Fund/Grants Johns Creek General Fund/Grants Fulton County General Fund/Grants 59 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Wastewater 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provid e this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): Maps attached as indicated in the detailed Service Delivery Strategy explanations. (No maps attached) Fulton County, Atlanta, Cobb County, College Park, East Point, Fairburn, Hapeville, Milton, Palmetto, Union City, Clayton County Water Authority 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 60 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See funding arrangements See Funding Arrangement See funding arrangements 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: (see attached service area boundary map, which may be amended via IGA.) Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: Sewer Service Agreement Clayton County – City of College Park 5/1/2006 – 10 Years Water Pollution Control Service Agreement City of Atlanta; City of College Park May 12, 1978-2028 (50 years) City of Atlanta and Fulton County Sewer Collection and Billing Agreement City of Atlanta; Fulton County October 12, 2007- 2022 (15 years) City of Atlanta and Fulton County Wastewater Services Agreement For Camp Creek Water Reclamation Facility City of Atlanta; Fulton County October 12, 2007- 2022 unless renewed for additional 5 yrs. City of Atlanta and Fulton County Wastewater Services Agreement for R. M. Clayton Water Reclamation Center City of Atlanta; Fulton County October 12, 2007-2022, unless renewed for additional 5 yrs. City of Atlanta and Fulton County Wastewater Services Agreement for Utoy Creek Water Reclamation Center City of Atlanta ; Fulton County October 12, 2007-2022, unless renewed for additional 5yrs. City of Atlanta and City of East Point Water Pollution Control Service Agreement City of Atlanta; City of East Point July 17, 1979-2029 City of Atlanta and City of Hapeville Water Pollution Control Service Agreement City of Atlanta; City of Hapeville December 28, 1979-2029 Permanent Contract ( Wastewater Treatment) City of Atlanta; Cobb County May 23, 1972 - Unspecified Wastewater Service Agreement City of College Park; Fulton County October 25, 2007 – October 24, 2057 61 Control Plant Contract City of College Park; City of East Point; Fulton County; City of Atlanta 1958 – 1971 (incorporated into this agreement) Intergovernmental Agreement for the Extraterritorial Provision of Sewer Service by Fulton County to Certain Property Located within the City of Milton (to include multiple amendments and related resolutions) Fulton County; City of Milton December 3, 2012 / December 3, 2062(see attached service area boundary map) Wastewater Services Agreement Fulton County; Union City July 17, 2013 – 2028, unless renewed for additional 5 years Wastewater Services Agreement Fulton County/Palmetto 10/20/2004 through 10/19/2034 Wastewater Services Agreement Fulton County/Fairburn 6/16/04 through 2019 Sewer Coop Agreement Fulton County/Fairburn 6/7/00 through South Fulton Municipal Regional Water and Sewer Authority Agreement Fairburn/Palmetto/Union City 2000 - ongoing 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes  No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) Formatted Table 62 SERVICE DELIVERY STRATEGY Services: Wastewater Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Wastewater services are provided at various service levels on retail and/or a wholesale basis, as further described below: Fulton County: Fulton County provides wastewater service on a wholesale basis to Atlanta, portions of College Park, East Point, Union City, Fairburn and Palmetto, as further described in the intergovernmental agreements referenced in Item No. 5 of the “Summary of Service Delivery Arrangements.” Fulton County provides wastewater services on a retail basis to its customers generally in unincorporated South Fulton County, Johns Creek, Alpharetta, portions of Milton, Mountain Park, Roswell, Sandy Springs and portions of Atlanta, College Park, Fairburn, Palmetto and Union City, as further depicted in the attached customer or service boundary maps and intergovernmental agreements referenced in Item No. 5 of the “Summary of Service Delivery Arrangements.” Fulton County only provides wastewater services on a retail basis to the sewered portion of the City of Milton, which area is more particularly described in the attached sewer boundary map. Pursuant to the Intergovernmental Agreement for the Extraterritorial Provision of Sewer Service by Fulton County to Certain Property Located within the City of Milton (including the amendments thereto), the City Council is now authorized by formal Council action to unilaterally authorize Fulton county to provide sewer service to additional parcels over and above those reflected in the current sewer boundary map. This unilateral process has been utilized by the Milton Council and is an efficient mechanism by which the City may authorize the modification of the sewer boundary while providing Fulton the right, but not obligation, to extend sewer service and sewer infrastructure. Based upon the above- Formatted: Indent: Left: 1.81", Right: 0.06", Space After: 0 pt, Line spacing: Multiple 1.33 li, No widow/orphan control, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers, Tab stops: 1.85", Left 63 referenced IGA and the amendments and related resolutions thereto, the SDS dispute between the City of Milton and Fulton County regarding wastewater service is resolved. City of Atlanta: Atlanta provides wastewater services to its customers on a retail basis generally within its municipal boundaries, Fort McPherson, and the Hartsfield-Jackson Atlanta International Airport, which lies partially within Clayton County, College Park, Atlanta, and Hapeville, as further depicted in the attached customer maps. Atlanta provides wastewater services on a wholesale basis to portions of Fulton County, portions of College Park, portions of East Point and Hapeville, as further described in the intergovernmental agreements referenced in Item No. 5 of the “Summary of Service Delivery Arrangements.” Atlanta also provides billing services for Fulton County’s retail wastewater customers who receive water service from Atlanta, as further described in the intergovernmental agreement referenced in Item No. 5 of the “Summary of Service Delivery Arrangements.” Cobb County provides wastewater service on a wholesale basis to a portion of Atlanta. Retail wastewater service by other cities: The Cities of College Park, Fairburn, Hapeville, East Point, Palmetto and Union City provide wastewater service on a retail basis generally to their respective customers located within the respective jurisdictional boundaries, as further depicted in the attached customer or service boundary maps. Other service: Clayton County Water Authority provides wastewater service on a wholesale basis to a portion of College Park and portions of unincorporated South Fulton County, as further described in the intergovernmental agreement referenced in Item No. 5 of the “Summary of Service Delivery Arrangements.” The wastewater services described, above, are subject to the following: 1. The attached customer maps shall serve as a general reference to describe the existing service locations of service providers. However, to the extent that the map includes a Formatted: Font: (Default) Times New Roman, 12 pt 64 mistake or omission of the service actually provided to any particular parcel, the city, County, or Authority actually providing the service on a retail basis to that particular parcel shall be the service provider. The customer maps or service boundary maps may be updated from time to time by the parties without the need to further amend this Service Delivery Agreement. 2. A city, county or Authority providing service on a retail basis to an existing customer at the time of an annexation or de-annexation shall continue to remain a customer of that provider after the effective date of an annexation or de -annexation, unless otherwise agreed upon by the affected parties. 3. The terms of any intergovernmental agreement or boundary map referenced in Item No. 5 of the “Summary of Service Delivery Arrangements” or as may be entered into by parties shall control, as may be amended by the affected parties from time to time. 4. To the extent that a party identifies an unauthorized connection to a service provider’s system, the party from whom the customer has obtained unauthorized service may claim recovery as the service provider and pursue all available remedies for such unauthorized connection. FUNDING ARRANGEMENT Local Government Funding Method Atlanta Enterprise Fund/MOST College Park Enterprise Fund East Point Enterprise Fund Fairburn Enterprise Fund Hapeville Enterprise Fund Palmetto Enterprise Fund Union City Enterprise Fund Fulton County Enterprise Fund 65 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Water System (Treatment & Distribution) 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area. .Maps attached as indicated in the detailed Service Delivery Strategy explanations. (No maps attached) Fulton, Atlanta, Cobb County, Roswell, East Point, Palmetto, College Park, Fairburn, Hapeville, Mountain Park and Union City 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 66 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangements 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Changes 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: Water Supply Contract East Point/College Park 4/1/12-3/31/15 Water Supply Contract Clayton County Water Authority/ College Park 8/06/2009 – 12/31/28 Water Service Agreement Atlanta/Hapeville February 27, 1995 – December 31, 2020 South Fulton Municipal Regional Water and Sewer Authority Agreement Fairburn/Palmetto/Union City 2000 - ongoing 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 67 SERVICE DELIVERY AGREEMENT Services: Water System (Treatment and Distribution) Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide clean water and water distribution services on a retail basis to its customers in Johns Creek, Alpharetta, Milton, and portions of Roswell, as further depicted in the attached customer or service boundary maps and IGAs referenced in Item No. 5 of the “Summary of Service Delivery Arrangements.” Fulton County provides water services on a wholesale basis to a portion of Roswell as further defined in the IGA referenced in Item No. 5 of the “Summary of Service Delivery Arrangements.” City of Atlanta provides water services on a retail basis to its customers within its municipal boundaries, Sandy Springs, Chattahoochee Hills, unincorporated South Fulton County, Fort McPherson, and the Hartsfield-Jackson Atlanta International Airport, which lies partially within Clayton County, College Park, Atlanta, and Hapeville, as further depicted in the attached customer maps. Atlanta provides water services on a wholesale basis to Hapeville, as further described in the IGA referenced in Item No. 5 of the “Summary of Service Delivery Arrangements.” Atlanta provides water services to Fairburn and Union City on a wholesale basis; however, no IGA currently exists between Atlanta and Union City or Atlanta and Fairburn as to the provision of this service. Atlanta, Union City and Fairburn agree that: (1) neither Union City nor Fairburn is legally obligated to accept water from Atlanta and may obtain water service from water providers other than Atlanta; and (2) Atlanta is not legally obligated to provide water to Union City or Fairburn. East Point provides water service on a wholesale basis to College 68 Park. Roswell provides water service on a retail basis to its customers located within a portion of its jurisdictional boundaries not served by Fulton County, as further depicted in the attached customer maps. The Cities of College Park, Fairburn, Hapeville, East Point, Mountain Park, and Union City provide water service on a retail basis generally to their respective customers located within the respective jurisdictional boundaries, as further depicted in the attached customer or service boundary maps. The City of Palmetto provides water service on a retail basis to its respective customers located within its jurisdictional boundaries. Palmetto also purchases water from Coweta County. The Cobb-Marietta Water Authority provides water service on a wholesale basis to Mountain Park. The Clayton County Water Authority provides water service on a wholesale basis to a portion of College Park. [LANGUAGE PROPOSED BY SANDY SPRINGS; DISPUTED BY ATLANTA] “The City of Sandy Springs reserves all rights to determine how water treatment, distribution and billing services are provided within the City of Sandy Springs. The City of Atlanta currently provides water treatment, distribution and billing services of water user customers within the City of Sandy Springs. The City of Sandy Springs reserves the option to select other water treatment service providers in the future and reserves the right to provide distribution and billing services in its sole discretion.” The water services described, above, are subject to the following: 5.1.The attached customer maps shall serve as a general reference to describe the existing service locations of service providers. However, to the extent that the map includes a mistake or omission of the service actually provided to any particular parcel, the city, County, or Authority actually Formatted: Indent: Left: 0.25", No bullets or numbering Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" 69 providing the service on a retail basis to that particular parcel shall be the service provider. The customer maps or service boundary maps may be updated from time to time by the parties without the need to further amend this Service Delivery Agreement. 6.2.A city, county or Authority providing service on a retail basis to an existing customer at the time of an annexation or de -annexation shall continue to remain that provider’s customer after the effective date of an annexation or de-annexation, unless otherwise agreed upon by the affected parties. 7.3.The terms of any intergovernmental agreement or boundary map referenced in Item No. 5 of the “Summary of Service Delivery Arrangements” or as may be entered into by parties shall control, as may be amended by the affected parties from time to time. 8.4.To the extent that a party identifies an unauthorized connection to a service provider’s system, the party from whom the customer has obtained unauthorized service may claim recovery as the service provider and pursue all available remedies for such unauthorized connection. FUNDING ARRANGEMENT Local Government Funding Method Atlanta Enterprise Fund/MOST College Park Enterprise Fund East Point Enterprise Fund Fairburn Enterprise Fund Hapeville Enterprise Fund Mountain Park Enterprise Fund Palmetto Enterprise Fund Roswell Enterprise Fund Union City Enterprise Fund Fulton County Enterprise Fund 70 SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Instructions: Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Welfare Services 1. Check the box that best describes the agreed upon delivery arrangement for this service:  Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Fulton County Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes  No If these conditions will continue under the strategy, attach an explanation for continuing the arrangement (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 71 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County Health Grant Fund (General Fund, State Funds, Federal Funds) 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 72 SERVICE DELIVERY STRATEGY Services: Welfare Services Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide Welfare services to the unincorporated and incorporated areas of the Fulton County. This service is provided through the Fulton County Department of Family and Children Services (D.F.A.C.S), which is an agency of the Georgia Department of Human Resources. 73 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Yard Waste Collection 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required. Fulton County and all municipalities within Fulton County. Municipality Service Provider Fulton County Private Contractor Atlanta Atlanta College Park Public Works Department East Point Union City Alpharetta Mountain Park Private Contractor Roswell Milton Private Contractor Johns Creek Private Contractor Hapeville Public Works Department Chattahoochee Hills Fairburn Palmetto 74  2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes  No If these conditions will continue under the strategy, attach an explanation for continuing the arrangement (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangements 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreem ent Nam e: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Service provided by approved haulers in compliance with Solid Waste Management Plan. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 75 PAGE 2 (continue) 76 SERVICE DELIVERY STRATEGY Services: Yard Waste Collection Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide yard waste collection services in Unincorporated South Fulton County, through a private contractor. The cities of Atlanta, College Park, East Point, Fairburn, Hapeville, Milton, and Roswell will continue to provide yard waste collection within their respective cities. The cities of Alpharetta, Milton, Mountain Park, Palmetto, Sandy Springs, Johns Creek, and Roswell and Union City provide their residents with yard waste collection through franchise agreements or contracts with private waste haulers FUNDING ARRANGEMENT Local Government Funding Method Alpharetta Enterprise Fund Atlanta Enterprise Fund College Park Enterprise Fund East Point Enterprise Fund Fairburn Enterprise Fund Hapeville Enterprise Fund 77 Johns Creek Customer Contract Milton Customer Contract Mountain Park Enterprise Fund Palmetto Enterprise Fund Roswell Enterprise Fund Sandy Springs Customer Contract Union City Enterprise Fund Fulton County Customer Contract 78 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Arts Grants Program 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.):  Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required Fulton County, City of Atlanta and Johns Creek. 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 79 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities General Fund 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager PAGE 2 (continued) 80 SERVICE DELIVERY STRATEGY Services: Arts Grants Program Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to offer arts services to the unincorporated areas of Fulton County. In addition, Fulton County government via the Fulton County Department of Arts and Culture offers Contracts for Services (grants) to Arts agencies located in municipalities in Fulton County. Additionally, Arts agencies must provide a match to the County’s funds. All funds from both the County and the municipalities are general funds. The City of Atlanta and the City of Johns Creek will continue to provide grants for arts services within their respective city limits. 81 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Arts Programs 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): No map required Fulton County, Alpharetta, Atlanta, Roswell, Sandy Springs, Palmetto, Milton, Hapeville, Johns Creek and Union City Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes  No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 82 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes  No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 83 SERVICE DELIVERY STRATEGY Services: Arts Programs Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Arts programs are available to residents county-wide. The municipalities of Alpharetta, Atlanta, Roswell, Milton, Sandy Springs, Union City and Johns Creek will also continue to offer Art programs within their respective cities. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund/Grants Atlanta General Fund/Grants East Point General Fund/Grants Fairburn General Fund/Grants Hapeville General Fund Grants Johns Creek General Fund/Grants Milton General Fund/Grants Palmetto General Fund/Grants Roswell General Fund/Grants Sandy Springs General Fund/Grants Union City General Fund/Grants Fulton County General Fund/Grants 84 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Building Inspection & Permits 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provid e this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): No map required Fulton County, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Union City, Milton, Johns Creek and Sandy Springs. See Attachment (No attachment) Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes  No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 85 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Third party vendors are used by some cities to provide this service. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 86 SERVICE DELIVERY STRATEGY Services: Building Inspection and Permits Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide building inspection and permit services to the unincorporated areas of Fulton County. Each municipality within the county will continue to provide building inspection and permit services within their respective city. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund/Fees Atlanta General Fund/Fees Chattahoochee Hills General Fund/Fees College Park General Fund/Fees East Point General Fund/Fees Fairburn General Fund/Fees Hapeville General Fund/Fees Johns Creek General Fund/Fees Milton General Fund/Fees Mountain Park General Fund/Fees Palmetto General Fund/Fees Roswell General Fund/Fees Sandy Springs General Fund/Fees Union City General Fund/Fees Fulton County SFSSD 87 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Code Enforcement 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provid e this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): No map required Fulton County and all cities within Fulton County .Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 88 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangements 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 89 SERVICE STRATEGY DELIVERY Services: Code Enforcement Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide code enforcement services to the unincorporated areas of Fulton County. Each municipality within the county will continue to provide code enforcement services within their respective city. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund/Fees Atlanta General Fund/ Enterprise Fund/Fees Chattahoochee Hills General Fund/Fees College Park General Fund/Fees East Point General Fund/Fees Fairburn General Fund/Fees Hapeville General Fund/Fees Johns Creek General Fund/Fees Milton General Fund/Fees Mountain Park General Fund/Fees Palmetto General Fund/Fees Roswell General Fund/Fees Sandy Springs General Fund/Fees Union City General Fund/Fees Fulton County SFSSD 90 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Computer Maps (GIS) 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): No map required Fulton, Alpharetta, Atlanta, College Park, East Point, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Milton, Johns Creek, Chattahoochee Hills, Sandy Springs, and Union City Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 91 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangements 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: Information Technology Johns Creek/Milton 11/01/10 – 10/31/11 and Annual Automatic Renewal for up to 5 Successive Annual Terms 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date completed: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes  No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 92 SERVICE DELIVERY STRATEGY Services: Computer Maps (GIS) Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide GIS services to the unincorporated areas of Fulton County. Each municipality within the county will continue to provide GIS services within their respective city or as otherwise provided by mutual agreement. GIS services in the City of Milton are provided by the City of Johns Creek pursuant to an intergovernmental agreement, referenced in paragraph 5 above. Further, the jurisdictions within Fulton County recognize the importance of facilitating data sharing and convergence and encourage all jurisdictions to employ compatible mapping systems. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund/ Enterprise Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund Mountain Park General Fund 93 Palmetto General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund Fulton County SFSSD / Enterprise Fund/General Fund 94 SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEM ENTS PAGE 2 Instructions: Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Economic Development 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service:  One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): No map required Fulton County, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs, Union City, Atlanta Development Authority, Atlanta Downtown Improvement Development Authority, Urban Residential Finance Authority, Atlanta Urban Redevelopment Agency; Atlanta Housing Authority; Atlanta-Fulton County Recreational Authority; Development Authority of Fulton County; Metro Atlanta Joint Development Authority, Metro Atlanta Rapid Transit Authority; College Park Business and Industrial Development Authority, Development Authority of Hapeville, Business and Industry Development Authority of College Park Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 95 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? All cities are authorized to create development authorities under general state law. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 96 SERVICE DELIVERY STRATEGY Services: Economic Development Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: There is some overlap of service as Fulton County provides Economic Development service for the entire County including all the cities and unincorporated areas. However, competition is the nature of Economic Development service provision and therefore each jurisdiction needs to maintain their own service as they compete to attract development. It should also be noted that at the County level, the cities and the County do work cooperatively. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund Mountain Park General Fund Palmetto General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund Fulton County General Fund/SFSSD 97 _ Instructions: Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Elections 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): No map required Fulton County, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Milton, Johns Creek and Union City Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 98 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? Not Applicable. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 99 SERVICE DELIVERYSTRATEGY Services: Elections Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide elections services to the unincorporated and incorporated areas of Fulton County for countywide elections on an actual cost basis less expenses. In addition, Fulton County will continue to offer election services to any municipality through an IGA. Palmetto, Chattahoochee Hills, and College Park provide election services for municipal elections within the city. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund Mountain Park General Fund Palmetto General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund Fulton County General Fund 100 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service EMS 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required EMS Service is provided by the Region 3 EMS C ouncil (contractual provider). Currently, Rural Metro Ambulance in north and south Fulton County, Grady Hospital provides service in the central zone. (See attachment) 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 101 3.List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise fund general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Sandy Springs, Milton, Johns Creek General Fund 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Some cities and unincorporated Fulton County have agreements with the authorized service providers for enhanced services. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 102 SERVICE DELIVERY STRATEGY Services: Emergency Medical Services (EMS) Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: EMS service is provided by Rural Metro Ambulance Company in North Fulton County. EMS service is provided by Rural Metro Ambulance to unincorporated and incorporated areas of South Fulton County, excluding the City of Hapeville, which provides its own ambulance service. EMS service is provided by Grady Hospital for the City of Atlanta. EMS service for the City of Sandy Springs is provided by Rural Metro Ambulance by contract. FUNDING ARRANGEMENT Provider Funding Method Atlanta Grady Hospital Sandy Springs General Fund/Charges for Services Hapeville General Fund/Charges for Services Milton General Fund/Charges for Services Johns Creek Customer Contract Roswell General Fund/Charges for Services Alpharetta General Fund/Charges for Services Palmetto General Fund/Charges for Services Chattahoochee Hills General Fund/Charges for Services Fairburn General Fund/Charges for Services East Point General Fund/Charges for Services Union City General Fund/Charges for Services 103 College Park General Fund/Charges for Services Mountain Park General Fund/Charges for Services Fulton County SFSSD/Charges for Services 104 SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Instructions: Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Environmental Health 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required Fulton, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Mountain Park, Palmetto, Roswell, Sandy Springs, Union City and Milton 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 105 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? This service only includes those matters required by state general law. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted :July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) Formatted: Line spacing: Exactly 5 pt 106 SERVICE DELIVERY STRATEGY Services: Environmental Health Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Most environmental health activities, such as septic tanks swimming pools and restaurants inspections, are provided and will continue to be provided by Fulton County to the unincorporated and incorporated areas of Fulton County. However, other environmental health issues are addressed by each municipality, and each municipality will continue to provide such services within their respective city, per City Code, Charter and applicable law. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund Mountain Park General Fund Palmetto General Fund Roswell General Fund 107 Sandy Springs General Fund Union City General Fund Fulton County General Fund/SFSSD 108 Instructions: Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Environmental Regulation 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.) No map required Fulton County and all cities within Fulton County Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 109 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? This service includes those matters required by State General Law and by local ordinances and regulations 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 110 SERVICE DELIVERY STRATEGY Services: Environmental Regulation Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide environmental regulation services to the unincorporated areas of Fulton County. Each municipality within the county will continue to provide environmental regulation services within their respective city. FUNDING ARRANGEMENT S E R V I C E D E L I V E R Y Local Government Funding Method Alpharetta General Fund Atlanta General Fund/Enterprise Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund Mountain Park General Fund Palmetto General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund Fulton County SFSSD 111 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Housing 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provid e this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): (See Attached) Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 112 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: CDBG Cooperative Agreement Fulton County/Johns Creek FY 2015-2017 CDBG Cooperative Agreement Fulton County/Mountain Park FY 2015-2017 CDBG Cooperative Agreement Fulton County/Alpharetta FY 2015-2017 CDBG Cooperative Agreement Fulton County/Fairburn FY 2015-2017 CDBG Cooperative Agreement Fulton County/Hapeville FY 2015-2017 CDBG Cooperative Agreement Fulton County/College Park FY 2015-2017 CDBG Cooperative Agreement Fulton County/Chatt Hills FY 2015-2017 CDBG Cooperative Agreement Fulton County/Palmetto FY 2015-2017 CDBG Cooperative Agreement Fulton County/Union City FY 2015-2017 CDBG Cooperative Agreement Fulton County/Milton FY 2015-2017 CDBG Cooperative Agreement Fulton County/East Point FY 2015-2017 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? N/A 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes  No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 113 SERVICE DELIVERY STRATEGY Services: Housing Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: All City of Atlanta housing programs are provided only within the city limits of Atlanta. Fulton County is the lead service provider for most housing programs and services within Fulton County outside of the city of Atlanta. Fulton County provides the following services for unincorporated Fulton County and all cities except the City of Atlanta: Down Payment Assistance, Rental Rehabilitation Program, and Tenant Based Rental Assistance. Fulton County further provides the Housing Rehabilitation Program for unincorporated Fulton County and all cities except the City of Atlanta and the City of Atlanta provides this program for their residents. Fulton County works in cooperation with the City of Atlanta to abate taxes within the Ccity of Atlanta with the Housing Enterprise Zones. Fulton County and 11 cities also have cooperative agreements to provide community development and low income housing assisting through CDBG Grants. 114 Local Government or Authority Housing Program Offered Funding Method City of Atlanta Atlanta Affordable Home Ownership Program HOME Down Payment Assistance Program C.D.B.G. Multi-Family Housing Program NSP./HOME Targeted Housing Rehabilitation Pro gram C.D.B.G Senior Housing Rehabilitation Services CDBG Rebuilding Together Atlanta Roof Repair Program CDBG Neighborhood Stabilization Program (NSP1, NSP3) NSP Habitat for Humanity Down Payment HOME State Historic Property Tax Abatement Program Tax Abatement Federal Rehabilitation Investment Tax Credit Program Tax Abatement Tenant Based Rental Assistance Program HOME Atlanta Housing Authority Conventional Public Hearing Units Section 8 Voucher and Certificate Program HUD HUD College Park Housing Authority Conventional Public Housing Units HUD City of College Park/Fulton County Community Development and Low Income Housing Assistance CDBG City of East Point Housing Rehabilitation Program C.D.B.G. East Point Housing Authority Section 8 Voucher & Certificate Program Conventional Public Housing Units HUD Fairburn, Palmetto Housing Authority Conventional Public Housing Units HUD Fulton County Administrative Program Overnight Down Payment Assistance Program Housing Rehabilitation Program Rental Rehabilitation Program Tenant Based Rental Assistance Housing Enterprise Zones General Fund HOME C.D.B.G./HO ME HOME HOME Abate County Taxes Fulton County Housing Authority Conventional Public Housing Units Section 8 Voucher Certificate Program Tax Exempt Bond Program HUD H U D H U D Roswell Housing Authority Conventional Public Housing Units HUD City of Union City Conventional Public Housing Units HUD 115 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Parks 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Fulton County, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Sandy Springs, Milton, Johns Creek & Union City Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 116 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangements 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 117 SERVICE DELIVERY STRATEGY Services: Parks Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide Park services to the unincorporated areas of the Fulton County. Each municipality within the Ccounty will continue to provide Park services within their respective citycity. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund/Fees Atlanta General Fund/Fees Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund/Fees Milton General Fund/Fees Mountain Park General Fund/Fees Palmetto General Fund Roswell General Fund/Fees Sandy Springs General Fund/Fees Union City General Fund/Fees Fulton County SFSSD /Fees 118 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Physical Health 1. Check the box that best describes the agreed upon delivery arrangement for this service: ✔ Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Fulton County Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 119 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County Health Grant Fund (General Fund, State Grant-in-aid, Medicare Reimbursement) 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: (404) 612-0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 120 SERVICE DELIVERY STRATEGY Services: Physical Health Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide Physical Health services to the unincorporated and incorporated areas of the Fulton County. This service is provided through the Fulton County Department of Health, whose mission is to promote, protect, and assure the health and wellness of the people of Fulton County. The Department is funded through the Health Grant Fund to allow for budget administration based on the State of Georgia’s Fiscal Year ending June 30th. The Grant fund is made up of the Fulton County General Fund, State grant-in-aid and fees from Medicaid clients. 121 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Planning & Zoning 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Fulton, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Sandy Springs, Milton, Johns Creek and Union City Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrangement (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 122 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 123 SERVICE DELIVERY STRATEGY Services: Planning and Zoning Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide planning and zoning services to the unincorporated areas of Fulton County. Each municipality within the Ccounty will continue to provide planning and zoning services within their respective city. FUNDING ARRANGEMENT . Local Government Funding Method Alpharetta General Fund/Fees Atlanta General Fund/Fees Chattahoochee Hills General Fund/Fees College Park General Fund/Fees East Point General Fund/Fees Fairburn General Fund/Fees Hapeville General Fund/Fees Johns Creek General Fund/Fees Milton General Fund/Fees Mountain Park General Fund/Fees Palmetto General Fund/Fees Roswell General Fund/Fees Sandy Springs General Fund/Fees Union City General Fund/Fees Fulton County SFSSD/Fees 124 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Solicitor 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Fulton County Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Fulton County, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Milton, Johns Creek and Union City Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 125 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Service may be provided via retained third-party vendors. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 126 SERVICE DELIVERY STRATEGY Services: Solicitor Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide Solicitor services to the unincorporated areas of Fulton County, for county-wide offenses, jury trials originating in the several municipalities, and for offenses bound over from municipal courts from incorporated areas of Fulton County. Specifically, the Solicitor General of the State Court of Fulton County investigates and prosecutes misdemeanors and County ordinance violations arising in Fulton County. Each municipality within in the county provides and will continue to provide solicitor services within their respective city, for violations of city offenses as well as certain State law violations. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund 127 Mountain Park General Fund Palmetto General Fund Roswell General Fund Sandy Springs General Fund Union City General Fund Fulton County General Fund/SFSSD . 128 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Street Construction & Maintenance 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: ✔ One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Fulton County, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Sandy Springs, Milton, Johns Creek and Union City Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 129 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Consent Order 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? Street Construction and Maintenance within unincorporated Fulton County will be handled pursuant to the terms and conditions of the Consent Order entered in civil action 2009CV177235. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: Consent Order County and all Cities 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: (TBD) 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 130 SERVICE DELIVERY STRATEGY Services: Street Construction & Maintenance Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide street construction services to the unincorporated areas of the Fulton County pursuant to the terms and conditions of the Consent Order entered in civil action 2009CV177235. Each municipality within in the county will continue to provide street construction services within their respective city. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund Mountain Park General Fund Palmetto General Fund Sandy Springs General Fund Union City General Fund Fulton County SFSSD/General Fund/Grants 131 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton Service: Storm Water 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service:  One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Fulton County, Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, Sandy Springs, Milton, Johns Creek and Union City Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 132 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Changes 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 133 SERVICE DELIVERY STRATEGY Services: Storm Water Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide storm water regulation services to the unincorporated areas of Fulton County. Each Municipality within the county will continue to provide storm water regulation services within their respective city. Fulton County and each municipality shall each be responsible for storm water services and maintenance related to property and storm water infrastructure owned and/or operated by that specific jurisdiction, or as required by any applicable agreements or as otherwise required by law. FUNDING ARRANGEMENT Local Government Funding Method Alpharetta General Fund/Grant Fund Atlanta General Fund Chattahoochee Hills General Fund College Park General Fund East Point General Fund Fairburn General Fund Hapeville General Fund Johns Creek General Fund Milton General Fund Mountain Park General Fund 134 Palmetto General Fund Roswell Grant Fund/ Storm Water Utility Fund Sandy Springs General Fund/Grant Fund Union City General Fund/Storm Water Utility Fund Fulton County SFSSD/Storm Water Utility Fund 135 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Voter Registration 1. Check the box that best describes the agreed upon delivery arrangement for this service: ✔ Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Fulton County Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 136 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County General Fund 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: Laura Lewis Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 137 SERVICE DELIVERY STRATEGY Services: Voter Registration Parties: Fulton County and the cities of Alpharetta, Atlanta, Chattahoochee Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell, Sandy Springs and Union City. Strategy: Fulton County will continue to provide voter registration services to the unincorporated and incorporated areas of the Fulton County. The County is responsible for registering all qualified residents of Fulton County. 138 Instructions: SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton County Service: Workforce Development 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): One or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.):  Other (If this box is checked, attach a legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.):. Fulton County and City of Atlanta 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 139 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County General Fund and Grant Fund Atlanta Grant Funds 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? No Change. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable. 7. Person completing form: L a u r a Le w i s Phone number: 404.612.0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No 140 If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) SERVICE DELIVERY STRATEGY Services: Workforce Development Parties: Fulton County and the City of Atlanta. Strategy: Fulton County will continue to provide Workforce Development services to the unincorporated and incorporated areas of the Fulton County. City of Atlanta also provides Workforce Development within its jurisdiction. 141 SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton Service: Jail 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): (If this box is checked, identify the government, authority or or ganization providing the service.): One or more cities will provid e this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach an UPDATED legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required. Fulton County, Alpharetta, Union City 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 142 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and municipalities See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? Jail service was not included as a service in the previous Service Delivery Strategy Agreement. The way the service is provided is not fundamentally changed, with the exception of the lease of jail space from Union City. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: IGA Fulton County and Union City 8/20/2013 - 12/31/2016 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Not Applicable 7. Person completing form: L a u r a Le w i s Phone number: 404-612-0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes ✔ No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 143 SERVICE DELIVERY STRATEGY Services: Jail Parties: Fulton County, Alpharetta, and Union City. Strategy: Fulton County will continue to provide County-wide jail services for state-charged pretrial detainees at the Fulton County Jail. Fulton County also operates a satellite jail and provides municipal jail services through an IGA with Union City at the South Fulton Municipal Regional Jail in Union City. Fulton County further provides municipal jail services for the City of Alpharetta at the North Annex. FUNDING ARRANGEMENT Local Government Funding Method Union City General Fund Fulton County General Fund 144 SERVICE DELIVERY STRATEGY SUMMARY OF SERVICE DELIVERY ARRANGEMENTS PAGE 2 Make copies of this form and complete one for each service listed on page 1, Section III. Use exactly the same service names listed on page 1. Answer each question below, attaching additional pages as necessary. If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. County: Fulton Service: Homelessness 1. Check the box that best describes the agreed upon delivery arrangement for this service: Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): (If this box is checked, identify the government, authority or or ganization providing the service.): One or more cities will provid e this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organizatio n providing the service: One or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service.): ✔ Other (If this box is checked, attach an UPDATED legible map delineating the service area of each service provider, and identify the government, authority, or other organization that will provide service within each service area.): No map required. Fulton, Atlanta 2. In developing the strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? Yes ✔ No If these conditions will continue under the strategy, attach an explanation for continuing the arrange ment (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strategy, attach an implementation schedule listing each step or action that will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. 145 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes, franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority: Funding Method: Fulton County and the City of Atlanta See Funding Arrangement 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? This service was previously provided jointly through the Tri-Jurisdictional Continuum of Care which received funding from HUD on behalf of DeKalb County, Fulton County, and the City of Atlanta. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: Agreement Name: Contracting Parties: Effective and Ending Dates: 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? Resolution to establish the Fulton County Continuum of Care, effective ? 7. Person completing form: L a u r a Le w i s Phone number: (404)612-0246 Date comp leted: July 17, 2015 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? Yes X No If not, provide designated contact person(s) and phone number(s) below: County Manager (404) 612-0832 PAGE 2 (continued) 146 SERVICE DELIVERY STRATEGY Services: Homelessness Parties: Fulton County and the City of Atlanta Strategy: Fulton County, through its Continuum of Care, is the primary coordinating entity for homeless services within Fulton County, but outside of the City of Atlanta’s boundaries. FUNDING ARRANGEMENT Local Government Funding Method City of Atlanta General Fund/Grant Funds Fulton County General Fund/Grant Funds EXHIBIT A 147 SERVICE DELIVERY STRATEGY Contact Persons SERVICE DELIVERY STRATEGY FOR FULTON COUNTY Shall any state agency, when evaluating whether proposed local government projects are consistent with the service delivery strategy, the following shall serve as the designated contact persons for each jurisdiction, respectively: NAME: (Please print or type) TITLE: CONTACT INFO: Address/Phone #/email JURISDICTION: DATE: Jerolyn Webb Ferrari Deputy County Attorney 141 Pryor St., Ste.4038 Atlanta, GA 30303 404.612.0257 Jerolyn.ferrari@fultoncountyga.gov Fulton Bob Regus City Administrator Two South Main Street Alpharetta, GA 30201 678.297.6012 (phone) bregus@alpharetta.ga.us Alpharetta David Bennett Senior Policy Advisor City of Atlanta Office of the Mayor 55 Trinity Avenue Atlanta, GA 30303 404.330.6129 (work) 404.308.5141 (mobile) dbennett@atlanta.ga.gov Atlanta Jim Williams City Manager 6505 Rico Rd. Chattahoochee Hills, GA. 30268 770. 463-8881(phone) 770. 463.8550 (Fax) 770.463.8881 jim.williams@chatthillsga.us Chatt Hills Richard ChessTerrence R. Moore Jack P.Longino Interim City Manager Mayor 3667 Main Street2262 Mt. Zion College Park, GA 30337Jonesboro GA, 30236 4tmoore@collegeparkga.com 404.767.1537 College Park Agnes Beltran-Goodwine City Clerk City of East Point 1526 E. Forrest Avenue, Ste. 400 East Point, GA 30344 404.270.7090 (direct line) 404.290.4303 East Point Tom Barber City Administrator 56 Malone Street, P.O. Box 145 Fairburn, GA 30213 770.969.2853 (phone) tbarber@fairburn.com Fairburn Formatted: Indent: Left: 0" 148 William WhitsonBill Werner City Manager 3648 North Fulton Avenue Hapeville, GA 30354 404.669.2117 (phone) wwhitsonbwerner@hapeville.org Hapeville Richard A. Carothers City Attorney Carothers & Mitchell 1809 Buford Highway Buford, GA 30518 770-932-3552 (phone) Richard.carothers@carmitch.com Johns Creek Chris Lagerbloom City Manager 13000 Deerfield Pkwy, Bldg.100, Ste.107 Milton, GA 30004 678.242.2481 (phone) Chris.lagerbloom@cityofmiltonga.us Milton Brandon Bowen City Attorney 118 Lakeshore Drive Mountain Park, GA 30075 770.387.1373 (phone) bbowen@ga-lawyers.pro Mountain Park William H. “Bill” Shell City Administrator City of Palmetto P.O. Box 190 Palmetto, GA 30268 Palmetto Wendell Willard City Attorney 7840 Roswell Road Bldg. 300 Suite 330 Sandy Springs, GA 30350 770.481.7110 (phone) 770.481.7111 (fax) wkwillard@wendellwillard.com Sandy Springs Kay Love City Administrator 38 Hill Street Roswell, GA 30075 770-641-3727 (phone) klove@roswellgov.com Roswell Sonja Fillingame City Manager 5047 Union Street Union City, GA 30291 770.964.2288 (phone) srapson@unioncityga.org Union City Field Code Changed Formatted: Underline, Font color: Blue 149 SERVICE DELIVERY STRATEGY CERTIFICATIONS PAGE 4 Instructions: This page must, at a minimum, be signed by an authorized representative of the following governments: 1) the county; 2) the city serving as the county seat; 3) all cities having 1990 populations of over 9,000 residing within the county; and 4) no less than 50% of all other cities with a 1990 population of between 500 and 9,000 residing within the county. Cities with 1990 populations below 500 and authorities providing services under the strategy are not required to sign this form, but are encouraged to do so. Attach additional copies of this page as necessary. SERVICE DELIVERY STRATEGY FOR FULTON COUNTY We, the undersigned authorized representatives of the jurisdictions listed below, certify that: 1. We have executed agreements for implementation of our service delivery strategy and the attached forms provide an accurate depiction of our agreed upon strategy (O.C.G.A. 36-70-21); 2. Our service delivery strategy promotes the delivery of local government services in the most efficient, effective, and responsive manner (O.C.G.A. 36-70-24 (1)); 3. Our service delivery strategy provides that water or sewer fees charged to customers located outside the geographic boundaries of a service provider are reasonable and are not arbitrarily higher than the fees charged to customers located within the geographic boundaries of the service provider (O.C.G.A. 36-70-24 (2)); and 4. Our service delivery strategy ensures that the cost of any services the county government provides (including those jointly funded by the county and one or more municipalities) primarily for the benefit of the unincorporated area of the county are borne by the unincorporated area residents, individuals, and property owners who receive such service (O.C.G.A. 36-70-24 (3)). SIGNATURE: NAME: (Please print or type) TITLE: JURISDICTION: DATE: John Eaves Chair Fulton County David Belle Isle Mayor Alpharetta Kasim Reed Mayor Atlanta Tom Reed Mayor Chattahoochee Hills Jack P. Longino Mayor College Park Earnestine Pittman Mayor East Point Mario Avery Mayor Fairburn Alan Hallman Mayor Hapeville Mike Bodker Mayor Johns Creek Joe Lockwood Mayor Milton Jim Still Mayor Mountain Park J. Clark Boddie Mayor Palmetto 150 Jere Wood Mayor Roswell Russell K. Paul Mayor Sandy Springs Vince Williams Mayor Union City )NTERCOVERNn'IENTAL 11GREEn9EN'T FOR THE EXTRATERRITORIAL PRO VISION OF SEVER SERVICE BY FUUI'ON COUNTY TO CERTAIN PROPERTY LOCATED W1T111.N THE CITY OF MILTON TEAS IN'I'BRGOVCRNMIiN'I'AL AGRBCMCN'1', by and hehvicen the CITY OF MICTON, GEORGIrA, a polilicnl subdivision of the Stale of Gcorgin acting by and through its 'fly Council ("CITY OF MILTON"), mid FULTON COUNTY, GEORGIA, a political subdivision of the sinle of Georgia acting by and through its Board of Commissioners ("FULTON COUNTY"), with FUL'I'ON COUNTY and CITY OF MILTON hereinafter collectively rofered to as the "Parties," granting FULTON COUNTY the authority to provide Serer Service to ccrlyniin� parcels within the municipal limits of the CITY OF MIL'T'ON, is effective ns of this J- day of���L, , 2012 ([lie "BOeclive Dole"), WITNE8SETH: AVHEREAS, both prim• to the creamier of the CITY OF MILTON in Decentbe2006 and since That lime, FULTON CO1iVTY has provided tvnslewaler dislribulimt, collection, mrd U•cnbnent services ("Sewer Service") to ccrinill I) m•cels of Imtd located wilhbt the ntutticipnl boundary of the CITY OF M1L'I'ON; 1YHERErAS, pursuant to Article I\, Secliou fI, Paragraph III(n)(G) and (7) of the Georgia Constitution, FULTON COUNTY may not provide Sewer Scrvicc inside the boundary of the CITY OF MILTON except as olilemwiso provided by Inv or by contract with the CI'T'Y Olr i411L'I'ON granting FULTON COUN'T'Y the nulhoily to do so; WHEREAS, in December of 7.006, the Parties eticmed btlo mt Odergovcrnmcnlnl Agreement for the Provision of \Vee' and \Vnslewalm• Services (the "2006 ASneemcnl"), which has reunincd in elTccl until adoption by Fulton County nud the City of Millon of ibis Inle'govenmcolnl Agreement Jul the mitfiterritudill Provision of Sctver Service line "Agreement"); WHEREAS, (lie Parties desire to enter into Ilia Agreement to (1) continue rullom County's riulhmiznlion to provide new Sewer Service in Ina City of M1 I I) In cerinin parcels Iocnlel in [lie Dig Crack Service Alen and m the Little River Service Alen and (2) to nulhorizo Fallon Calmly Io continuo to provide Sewer Service, to include nminiemmce And repair, Io Inose developments where development is completed and Sewer Service is presently provided. NOW TIIBRHFORRz in considcrntimr or the manual pronuscs of the Parties And Ilio nuuanl bcncflts Bowing lion each Poty to the other, mid other good mid valuable considcrnlion cschmiged, the receipt and sumelency of which aide hereby acknowledged, Ilio Parties agree ns follows: Saction 1, Term and Tormlmnlion of the Agreement, ,file Term of this Agreement shnll commence as of the Effective Date (defined above) mud shall have a durnlion of fifty (50) years, as allowed by Atiicte IX, Section III, Paragraph I of fIn Constitution of the Slide of Ocorgia, or until otherwise mmended, modified and/or lembrnled by and between the Potties. The CITY Or MILTON mrd PULTON COUNTY agree that ellhe• Party may terminate This Agreement fm• convenience upon one hundred eighty (180) days written malice provided to the other pally; provided, however, flint Ilse ]'allies acknowledge and ngree (lint termination shall hnve no effect on existing installed infrostnmbue m• rullon County's authority to prnvido Sower Service to existing customers and otherwise own, maintain and repair ell ]nslnlled sewer inli•nslruclure as ofand rifler the (into oftenrinnuon• 2 SCCII011 A. Gantt ofSorvel Service Area to UOi.TOIV COUNTY. The CITY OF MILTON hereby acknowledges and agrees to Authorize the coalinuntiot of Sewer Service, to include ownership, repair mrd maintenance of existing sower hirraslnicture, in those Arens of ilia CITY Or IviiuroN depicted in orange on Ilia Sewer Service map attached hereto as Exhibit "A" wherein quid Sower Service iafn•Astnuchure was filly installed prior to the dote of this Agreement. This recognition shall not be construed ns allowing new sewer collocations within those mens and new sewer service shall not be authorized within such Arens. The CITY OF MILTON hereby grants to PUL•rON COUNTY Iia authority to provide new Smvcr Scrvica to Ihosc pmcels (including any fiuurc subdivision of (hose existing pm•ccls) depicted on the Sewer Service map colored blue moss-hnlched . New Sewer Service shall not he futhorized within those parcels colored green. Arty 101, unit, developnnent, consuiiclion, subdivision, building, phase or assemblage of land, however filled or iderlifncd, seeking now Sewer Suvicc must be located enflmdy and exclusively within an area of Exhibil "A" colored bloc cross•batched, mrd only properties that satisfy this requirement me eligible to obtain new Solve• Service front Pillion County. Fuliherniore, (lie installation of now Solver Service into nn rea colored bine cross•halched shall not serve as a basis or rationale to extend Sewer Service iHo nn (iron Ilial is not so colored, irrespective of the convenience, access, practicality, or nonri0nl cost associated with such extension, it being the iuleot of the parties that the blue cross- hatched frons shall serve as a fixed and definitive houudm•y for nolo Solve• Service ill the CITY MILTON, The arca of Exhibil "A" colors called onage mid blue crosshatched slmll collectively be referred to as the "Sower Service Aron." 7 Oct Oil a. Agrcontent to Provldcsewersm•vice to Server Service Aren, pUM'ON COUNTY hereby agrees to provide Sewer Service within the Sewer Service Arca, as described in Section 2 above, at such rates as nine determined by fUIJON COUNTY from time to lime and to submit invoices related to such cervico dircclly to the recipients Ihcrcor. pULTON COUNTY shall he responsible for all costs and liability related Ie providing Sewer Service, as authorized herein, and the CITY Op MILTON shall he responsible for an cost or linbility related to providing such service. All iofrnsb•uelure and iatcreals In Iond directly and exclusively nssocinted with [ho provision of Sewer Service in Ilio Sewer Service Area shall rcnnnin the properly of FULTON COUNTY, Seellon 4. Termination of Lrm•lier IGA m• Auuroved Mm, Willi respect to the csloblishnrern of the Sewer Service Area within Ilia municipal boundary of the City of Millon, rite tents of Ih[s Agrecmcni, in conjunction with the map attached as Gxhibit "A", shall supersede the lerms of any hnlergovemnimital Agreement (including, bill not limited to, till or any portion of the 2006 Agrocmetl that pertained (o Iho provision of wastewater or smnilm•y sewer services) or previously approved map, which nine hereby terminmed and repealed wilh respect to the bouudm•y for sower service within Ilse nnunicipal boundary of [lie City of Millett. This Agreement is not intended to terminate tiny wilions of the 2006 Agreement lhut relate to potable/drinking waler sevices. Scelimn S. Rniton LgA!q Sewer Avollnhlll(v Lhulted to Sever Servlco Arco, FULTON COUNTY agrees that no sewer permit(s) or any other representation concerning the availability or existence of Sewer Set -vice for a particular parcel of properly locnle<I within the municipal boundary of (Ito CI'T'Y OF NfILTON shall be made by FULTON COUNTY unless [he oil[li ty ofsueh parcel is located within [he Sewer Service Area as set forth i11 $Celiell 21 111111 no rcpresenlAlion shall be nada ns to the nvaiiabiltly of naw Scwe ocrvtcc shall be made unless the propely is located entirely within a parcel colored blue cross-halchLA on Qxhibil "A." Section G. General Provisions, A. Quforcennenl; ivcr. 'lite finilurc on the pori of mry P11rly to enforce nuy pnnvision of this Agreement shall not be consimed ns a waive• of Ilial Party's rights to enforce such provisions in Ilia finture. A waiver of ally term of This Agreement on Ilia pal of Ally Panty in one case shall mol be construed as n waiver bn any oflie• aid shall 1101 affect Ally other term oflhis Agreement. D. Ascienm n . This Agreement shall not be assigned by either Paly without Ilio Prior written consent ol'the 016011. C, QinIii g Qflec . This Agreement shall inure to the benctil of, and be binding Upon, lite CITY OF MIL"I'ON's And PULTON COUNTY's respeolivo successors, heirs and assigns. D. Entire Agreement. This Agreement contains the entire Agreement between ilia Pedes hereto And supersedes all previous or contemporaneous oral m• wrillen communications, represcnlalions, m• Agreements petainbng to Ilia subjccls Addressed heroin. G. Roortlkeen n ;. Doth parties Agree (lint line public shall have access, at all reasonable limes, to all documents and informnlion pertaining to Ilia services provided hercumier, subject to the provision of O.C.O.A. § 50.1840, et seq., And PULTON COUNTY agrees to require Any independent contractor providing services hcreunde• to Allow access by the CITY OF MILTON and [lie public to all documents subject to j disclosure Under applicnblc lnw. a ULTON COUNTY fiuiher agrees to require any independent contractor providing services hereunder to retain all public records in nccordance with applicable records retention and disposal requirements, including bill not limited In O.C.G.A. § 50.18-90, et .seq., and the Georgia Administrative Code. F. Notice . All notices given pursuant to Ire terms of this Agreement shall be in wriling and delivered in person or lrnnsmilted by certified mail, return receipt requested, posinge prepaid, or by utilizing the services of a nationally recognized overnight cosier service with signed verification of delivery. Notices shall be deemed given only when actually received at the address first given below with respect to each Pmiy. Notices required to be given to file CITY OF NULTON pursunnl to this Agreement shall be addressed as follows: \Yilh copies lo: �Inyo• Cilyoton 13000 Deerfield Parkway, Suite 107 Ylillon, Gcorgin 30004 City �lnlrnger City of �lihol 13000 Deerfield Parkway, Suite 107 Ron, Georgia 30004 Notices required to be given to FUL'I'ON COUNTY pursumd to Ibis Agreemcal shall be addressed as follows; Chairman Fuhor Comty Board ofConunissioncrs I41 Pryor Sircel, S.W., 10, Floor Allanla, Georgia 30303 G Will, copies lo: Director Pullon County Department of Water Resources Id I Pryor Strect, Suile 6001 Allnnln, Ocorgin 30303 ruhir¢ chmigcs in address shall be clleUivc only upon written notice bciug given by the CITY OF MILTON to PULTON COUNTY or by PULTON COUNTY Io the CITY OF MIL'T'ON vin one of the delivery methods described In (his Section. G. Govcrnii g Lnw mid Venue. 'Phis Agncmncnl shall be conslned mad govcmed in accoYlance will, the laws of the Slate of Georgia, mid proper venue for any actions raising out of This Agrecmcnl shall be III [lie Slate or Superior Coni ofhdlon County. H. No Third Party 1 i hts, This Agreement shall be exclusively for the beaefil of the Parties and shall 1101 provide ally Third-pm'lies with any remedy, claim, liability, reimbursement, causeofaction, or other right. 1. Ujimil ollable Circumslnncos. The performmee or non-perfornrnnce of Ally term o• provision of this Agreement shall be excused if (lie Party is reasombly precluded 0.0111 such Perfinmmec by tie occurrence of an uncontrollable circwnslonce. Such excuse of perPonnmeo or non-performmee shall be only to the minimum extent rensonably forced on such Party by such event, and Thal Party shall continue to perform nil oll,cr dulles and responsibilities hereunder. A Pnrly relying on the oceuneace of An uncontrollable circumstance as nn excuso for non-purfomonce of a duty required by this Agreement shall, as soon ns is rcasorably possible upon becoming aware ofsuch an event o11d its consequences, notify the other Party ofsumne and shall bike nil rensonable efforts to climina(e the Canso of such nom-performmllco 7 I find to resume fall pe•Pornmmice in accordance with (his Agreement. J. Comp r s. This Agrecmcnl rally he execulccl in one or more couu(crpais, tach of which shall constitute an original ltd fill of which logethen• shall cons[ilule bill one and Ilse same instillment. 11 shall not be necessary Thal tach signatory sign Ilia sate counterpart, provided, however, [lint tach has signed no identical counlerpal. K. Am1Lft to Lmnter Agreeneut. Each individual who cxccm(cs this Agrecntcnl oil behalf orhis or her respective Irnrly ngrces and represents that he or she is authorized Io do so and fiulher agrees and represents [lint this Agreement has been dilly passed upon by Ilia required governmental agency or boom in accordance with till applienble laws find sprend upon Ilia minutes lhercoC The Panics hereto agree Ihat this Agreement is an inlegovomumenlnl contract, and is allercd into pmrsanul to Article IX, Arlicle Ill, Parabraph I of Ilio Consld(ulion of the Stoic of Georgia of 1933. L. Ameudmenl. 'this Agreement may be modified at any time upon nmlunl written cousenl by resalolions of the CITY OF MILTON'S City Council and PULTON COUNTY'S Boad of Commissioners. M. Severability. if a court of competent jurisdiction renders any provision of (bls Agreement (o' Ally portion of a provision) to be illegal, invalid, or o[herwise unenforceable, (hal provision or portion of Iho provision will be severed, and the renmainder of this Agreement shnll continue (n fill force aul effect as If the invalid provision or potion were mol pat of this Agreement. IN NITNCSS N1110,119OK the paiics have caused this Agreement to be executed under seal as of the dale first above wrillea. slgnntures of follovbng page[ +3 A'I'TII I'ISD: h 6eq���� Sudie Gordon, City Clerk ATTRSTRD; CITY Ol Arm, 'I'ON, GEORGIA Ry: / Joe Lockwoo( royor 1rUL'I'ON COUN'T'Y, GEORGIA Clock to 1110 commission I Jo at }I. Raves, Ph.D., Chairmm( IPullin( Counly Board ol'Commissioncis APPROVRD AS 1'O POR14L• jV Oflice of the Fallon Counly Altomey laF;:IF I 1 f ,...:.� ���� ;� �h�` ,�jil, ,,i `•. t ,r 1, ri �.,• 31(x',' ; J 1114 rs At ff i �..,' fJ•. , i pop to 1 40 lit to !I'its I rl it Y FFF a to �. Jul ito lb J�'F I' y ii1 41 ism lopp;j .I j I' pI ,., is ,.t•' 1 - \. a a 8 N , � N EQ) a N C yo EXHIBIT\ j upp, 2 - �U Ls F p r R � a 3 \. a a 8 N , � N EQ) a N C yo EXHIBIT\ j upp, 2 - �U MOND AMRND111KNI'TO, IN'fIIRGOVRRN\1F,N'I'LIMA(.RlitsM171+NT FOR'fl m GX'I'RATERRI'CORIA1, I'ttOVISION OF SEWER SLRVICB DY FUI'11ON COUNTY •1'O CERTAIN 1'RONRRTY ),OCATIsD NVrr11l TIII; CITY OF M1IIJ,TON 'I'lis SGCONU Ab4JiND\41'sN'1' 'I'O '1'1111 IN"1'I?RGOVI3RNb41:N'I'AL AGkft3;vlltN'I' IaOR TIIR GX"I'RA'ffiRRITORIAL PROVISION OP SGWlilt SGRVICG, by and Uclwcea lhu CI'T'Y OF MILTON, GHORG1A, it political Subdivision orlhe Slate of Oeorgta nclhag by and Through its City Council ("CI'T'Y OF MIL'T'ON"). nod FULTON COUN'T'Y, GEORGIA, it pnlilicnl subdivision of the Stela of Gaorgin noting by and through its Board of Commissionurs ("PUUI'ON COUNTY") with FUIJON COUNTY find CI'T'Y OF MIIXON, harcinaller rclixred to an Thr. "I'nrlkit," granting FULTON COUNTY lite authority to provide Sewer Service to ce luIn ee•ecls wilhin the municipal city linlils oi'the CI'T'Y OI+ Mll:l'ON, is eMutivcnsol'Illisun (lily of J /7Nli/�l' 201A (Tho "GI'foclive —, Date"). 1YI'T'NP;SSI:'l'Il: 1VIIF,RI;AS, on Daccmhe• :i, 7.011., the I'nrtius hcroinlo mnlm•etl info un huergovenmuntal Agreement lbr Iixlmterfilorial Provision of Sewer .Service to CCdabl Property Locnle<I Nilhin the Cily ol'Mihon ("TGA"); mut NVIII?RPAS, attached to said ICA ns lixhilil A was n xeve• survicc nuap scllin); Ibrlh llac lountlnrics ol'tvhe•e suave• sevicc cxislutl or could be expanded; and NIIIS111iAS, ou January J, 2013, the 11 urlius npprovel Anrondmmnl Number I to the TGA (the City of Milton approved Amamllmnl Nuwher 1 It its Dcceuhm 17, 7.017. meeting) and replaced Ihc original Lxhibil A will it new Exhibit A, such new Exhibit A Icing it modilied Sewer service atnp scitinit lirril Ile bounerics of whcru sewer service existed or could be expended; and 11'lllil(I(AR, it ix I 11 intent of Ills eco [H Atrtom mon l Ia Inttl'y and otheI to rcal'lirnr ilia Inlergovernmenlnl Agreement eHl ilia Amendment Number I thereto in all par(iculnrs, except lhol Exhibil A (Ihc sower service nrnp) from Amendment Number I shnll shoed stricken and sludl ba ropluced with (ha attached Hxhihil A, which seeks to add it single pareal to (lie sower scrvicc nngr ns an addilionnl parcel far which Millen Counly nay provide sewer service; and \VIICKliAS, i( is Ihc inlcnl nl'lha Parties Ihnl Ihc Lily (:mmcil lin Ihc (:'ily ol'Mihnn shill he permilled motor this hrleq;uvernmoalnl Agrcemenl to unila(crolly militarize ntdilionnl pmrcuis that may be Invlidly sawured by Fulton Calmly without n requirement llml Ilio loulton ('ounly Heard o(Tom nissioners roliry such additional pnrccls fir sower scrvicc, NO1V'1'111iRF,1+OI(1;, in anosidctnlinn of Ihc unrlunl promises al'Ihc Pnrlics and Ihc mulunl hencrt(s (lowing from Inch Poly to Ihc other, and o(hur goad and valuable cwusidumlion uxchnngal, Ilio receipt nod sn0icioncy orwhich aro hereby ackuowledijcd, Ilia fatties agreo its tallows: (1)'I'hu sewer scrvicc nrnp ntlnchcd to Anrondmmd Number I to the Inlorgovcromanlnl Agreement its Exhibit A is hereby stricken in its entirely and replaced herewith with Ilia Allached sewer servica loop attached hereto ns Exhibit A; (1.)'I'hc Mihun ('i(y ('elicit shall hnva Ile rigltl by way of toenail annrail acliun Io unilaterally nulhorire Fulton County to provide sewer service to addilionnl parcels ovor and olwve those rcllecled in lixhibil A. In dolnjj so, Ilia following stipuhtltons shall Apply: n. A resolution and revised sever service mop aulhorizlag such additional pnrccls s in be prepared by tvlilwn nod fanvarm le (hu at County Depnruuctil ol'Public Works and Ilia Fuller Counly Monmger; b. Anew smvcr service map so Icmlel'ed shall 6e4;onnu l 100 V H sewer service map under Ibis Agreement wilhaul linrlhcr ncliou by either I'mly; c. No nulhorizmlon by the city of Mibon shall place upon Fallen Counly all obligation to extend sewer or sewer infrastructure. The decision ns to whether to provide sewer service to any Innrlicalar parcel within the City of Millon, even if' authorized by this Agrecmenl o• any liauro, unilateral nmdiliumion of the sewer service nmp, shall remain vested with Fullon county. (7)'I'he Dccenbcr 1, 7.012 Inlcrgovcnuncnbd Agrucmed is etlwr+visu botchy lolly nnilic(1 mad rcalTinnal. IN 1YI'I'NI?SS NIIGRLOP, Iho Pndics hove unused Ibis Agrcennonl Io be executed under seal as of I he dale first alxwe written. A'I'I't±S'I'I±D Sudiu Gordon, City Milk Twill if, of {fr' J �U) la AI'I'R(IVI±D AS'I'O DORM 1 )mcu orlhu Counly Attorney cfrY of nln;rc)� Jou Lo' c ) o(I, Mnyi Flila'ON COl/N'l'Y, OI(ORCIA In H. Raves, Ph.D., Chairman Fuhun Counly Ilenrcl of Canunissiencrs I(f:CfSS Anrfrit—Ira r, utl I I i?tl III tl'I' HOME OF ` MILTON*k FSTABLISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 22, 2015 FROM: City Manager AGENDA ITEM: Consideration of an Intergovernmental Agreement between the City of Milton, Georgia and the City of Alpharetta, Georgia Regarding Lease and Joint Use of Municipal Court Facilities. MEETING DATE: Monday, November 2, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages ifnecessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED CITY ATTORNEY APPROVAL REQUIRED: O(YES CITY ATTORNEY REVIEW REQUIRED: k) YES APPROVAL BYCITYATTORNEY APPROVED PLACED ON AGENDA FOR: i I a ,� t !�-- REMARKS O NOT APPROVED () NO () NO O NOT APPROVED 9110 Youn PHONE: 678.242.2500 � FAX: 678.242.2499 Green - v *c:ett�fied „t��,�.�tE inFo@cifyofmiltongaus � www.cifyofmiltonga.us Community � y 13000 Deerfield Parkway, Suite 107 i Milton GA 30004 ' '�' To: Honorable Mayor and City Council Members From: Chris Lagerbloom, City Manager Date: Submitted on October 27, 2015 for the November 2, 2015 Regular Council Meeting Agenda Item: Consideration of an Intergovernmental Agreement between the City of Milton and the City of Alpharetta, Georgia Regarding Lease and Joint Use of Municipal Court Facilities. ____________________________________________________________________________ Department Recommendation: Approve the Intergovernmental Agreement between Milton and Alpharetta that contemplates joint use in Crabapple for Milton’s Municipal Court. Executive Summary: The purpose of this Intergovernmental Agreement (IGA) is to solidify the relationship between Milton and Alpharetta for the joint use of the courtroom facility in the Crabapple community that is currently being used solely by Alpharetta. Alpharetta will allow Milton to make some modifications to areas currently not used and Milton intends to officially start delivering its municipal court services in early 2016. Milton will use the courtroom on Monday and Friday only but will have access to its leased space during normal business hours. The initial term of the agreement is five years and it is subject to extension with agreement of both parties. Funding and Fiscal Impact: The City of Milton will pay the City of Alpharetta $3,000 per month during the term of the IGA. These costs are associated with the operation and maintenance of the premises (i.e., utility, lighting, HVAC, janitorial and landscaping). Page 2 of 2 Legal Review: Reviewed and approved by Ken Jarrard, Jarrard and Davis, LLC (October 15, 2015) Attachments: IGA between the City of Milton, GA and the City of Alpharetta, GA Regarding Lease and Joint Use of Municipal Court Facilities with Exhibits Exhibit A.1 – Building Floorplan Exhibit A.2 – Floorplan of Leased Premises Exhibit B – Plans for Proposed Improvements of the Leased Premises INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF MILTON GEORGIA AND THE CITY OF ALPHARETTA GEORGIA REGARDING LEASE AND JOINT USE OF MUNICIPAL COURT FACILITIES This Intergovernmental Agreement ("IGA"), effective this day of , 2015 (the "Effective Date"), is entered into by and between the CITY OF MILTON, GEORGIA, a municipal corporation formed under the laws of the State of Georgia and acting by and through its governing authority, the City of Milton Mayor and City Council (hereinafter "Milton") and the CITY OF ALPHARETTA, GEORGIA, a municipal corporation formed under the laws of the State of Georgia and acting by and through its governing authority, the City of Alpharetta Mayor and City Council (hereinafter "Alpharetta"), RECITALS: WHEREAS, the parties are authorized to enter into this IGA pursuant to Article IX, Section III, Paragraph I of the Constitution of the State of Georgia of 1983 regarding intergovernmental contracts ("Intergovernmental Contracts Clause"); WHEREAS, the Intergovernmental Contracts Clause authorizes the cities to enter into an agreement for the joint or separate use of facilities or equipment, but such contracts must deal with activities, services, or facilities which the contracting parties are authorized by law to undertake or provide (GA CONST., Art. IX, Sec. III, Para. I); and WHEREAS, Alpharetta owns a Municipal Court facility located at 12624 Broadwell Road, Alpharetta, Georgia 30004 in Fulton County (the "Premises"), which facility is convenient to Milton residents; and WHEREAS, O.C.G.A. § 36-32-12 provides that "sessions of a municipal court may be held outside the municipality for which the municipal court is established if such sessions are held within a county in which the municipality is located or has its legal situs;" and WHEREAS, both Alpharetta and Milton are located in Fulton County; and WHEREAS, Milton is looking for a facility to house its Municipal Court operation; and WHEREAS, Alpharetta already does or intends to hold sessions only on Tuesdays, Wednesdays, and Thursdays; and WHEREAS, Milton already does or intends to hold its Municipal Court sessions only on Mondays and Fridays; and WHEREAS, Alpharetta and Milton desire to enter into this IGA regarding (1) the lease by Milton of certain space within the Premises to house Milton's Municipal Court sessions and offices, (2) Milton's exclusive right to use the Courtroom (defined below) during normal Business Hours (defined as 9:00 AM until 5:00 PM) on Mondays and Fridays, and (3) the parties' joint right to use and operate within Common Areas (defined below) on the Premises; and WHEREAS, Milton and Alpharetta believe the best interests of both Milton and Alpharetta will be served by the exchange contemplated in this IGA, the projects and services to be undertaken pursuant to this IGA, and those ancillary activities otherwise forming a part of this IGA. NOW THEREFORE, in consideration of the mutual benefits to the parties hereto and all of the citizens they represent and other good and valuable consideration as set forth herein below, Milton and Alpharetta enter into this IGA upon the following terms, conditions, and stipulations: I. INCORPORATION OF RECITALS. The Recitals set forth above are hereby incorporated in and made a part of this IGA by this reference. II. LEASE AND RIGHT TO USE A. General Terms/Definitions. 1. Building. A floorplan for the building Iocated on the Premises (the `Building") is attached hereto as Exhibit A.1 and incorporated herein by reference. 2. Common Areas. "Common Areas" generally include space that is not included in portions of the Premises and Building set aside for Milton or Alpharetta's exclusive use, including but not limited to parking, sidewalks, entrances, hallways, lobbies, elevators, restrooms, walkways and plazas. 3. Courtroom. The "Courtroom" is the area labeled as "courtroom" in Exhibit A.1. B. Riaht to Use. I. Common Areas/Courtroom. During the term of this IGA, Milton and Alpharetta shall have a joint right to use the Common Areas on the Premises, and Milton shall have an exclusive right to use the Courtroom during Business Hours on Mondays and Fridays. Milton's use of the Courtroom shall be limited solely to conducting sessions of Milton's Municipal Court during Business Hours on Mondays and Fridays. Alpharetta shall have the sole and exclusive right to use the Courtroom at all times other than during Business Hours on Mondays and Fridays. All use of the Common Areas shall be subject to any reasonable rules and regulations promulgated by Alpharetta, provided that such rules shall not interfere with the public's ability to access the Milton Municipal Court facilities or offices or Milton's ability to hold Municipal Court sessions on the Premises in compliance with applicable law. 2. Control of Access. a. Generally. Milton, its agents, employees, invitees, and guests, shall have access to the Premises and reasonable ingress and egress to Common Areas of the Building twenty-four hours a day, seven days a week during the term of this IGA; provided, however, Alpharetta by reasonable regulation may control such access for public safety and protection of all Building occupants or as needed for making repairs and alterations, provided that such regulation shall not interfere with the public's ability to access Milton's Municipal Court offices during Business Hours or Milton's ability to hold Municipal Court sessions during Business Hours on Mondays and Fridays. Milton's access to the Premises, as authorized herein, shall be exclusively for the purpose of (1) using the Leased Premises (hereafter defined) at any time to conduct Municipal Court operations and (2) conducting Municipal Court sessions during Business Hours on Mondays and Fridays. b. After Hours. Milton shall be responsible for providing access to the Premises to its agents, employees, invitees and guests after Business Hours and on weekends and holidays, but in no event shall Milton's use of and access to the Premises during non - Business Hours compromise the security of the Building. Milton's access to the Premises, as authorized herein, shall be exclusively for the purpose of (1) using the Leased Premises (hereafter defined) at any time to conduct Municipal Court operations and (2) conducting Municipal Court sessions during Business Hours on Mondays and Fridays. c. Security. Alpharetta will continue to maintain security of the court on Tuesdays, Wednesdays and Thursdays when Alpharetta's Municipal Court is in session. Milton will maintain security of the court on Mondays and Fridays when Milton's Municipal Court is in session, and Alpharetta will allow Milton to use its security checkpoint equipment during such times. C. Lease. 1. Leased Premises. Milton shall lease and have exclusive control over the portions of the Building depicted in Exhibit A.2, attached hereto and incorporated herein by reference ("Leased Premises"), during the term of this IGA. Milton's use of the Leased Premises shall be limited to conducting Municipal Court operations. Milton shall have quiet enjoyment and possession of the Leased Premises provided Milton complies with all of its obligations under this IGA. The Leased Premises may also be referred to as Milton's Court Offices. 2. Improvements and Alterations to the Leased Premises. Subject to Alpharetta's consent, which consent shall not be unreasonably withheld, Milton may make structural and/or interior alternations to this Leased Premises at Milton's expense, and Milton will procure any permits necessary to complete such improvements. Alpharetta shall provide Milton with access to the Building/Premises and its systems as needed to complete such improvements or alterations; provided that such access shall not interfere with Alpharetta's normal use of the Building and Premises during Business Hours, and, if any portion of the Building or Premises is damaged during such improvements or alterations, Milton will correct such damage at its expense. Alpharetta hereby consents to the improvements and modifications shown in Exhibit B. 3. Alpharetta Right of Entry. Alpharetta shall have the right, at all reasonable times and upon reasonable notice and without unreasonably interfering with Milton's business, either itself or through its authorized agents, to enter the Leased Premises to make repairs and inspect any mechanical systems and electrical devices. Further, Alpharetta shall have the right to enter the Leased Premises at any time without notice in the event of an emergency. D. Premises Operation and Maintenance Costs. During the term of this IGA, Alpharetta shall be responsible for all costs associated with operation and maintenance of the Premises (including but not limited to utility costs, standard building lighting, heating and air conditioning, janitorial costs, trash/dumpster pickup, and landscaping costs). Alpharetta shall make all standard repairs and replacements to the Premises, including, but not limited to, the Building and Common Areas, except as specifically agreed upon in writing by the parties hereto. Alpharetta's Building maintenance shall include but not be limited to the roof, foundation, exterior walls, windows, interior structural walls, all structural components, and all Building systems, such as mechanical, electrical, HVAC, and plumbing. Repairs and replacements shall be made within a reasonable time (depending upon the nature of the repair or replacement needed) after Alpharetta is notified or has actual knowledge of the need for the repair or replacement. Notwithstanding anything to the contrary in this paragraph, Milton will be responsible for costs associated with improvements it makes to the Leased Premises pursuant to Section II(C)(2) and repairs and replacements directly associated with those improvements. E. Compensation. In exchange for Milton's right to use described in Section II(B), lease interests described in Section II(C), and other services described in Section II(D), Milton will pay Alpharetta three thousand dollars ($3,000) per month during the term of this IGA. F. Modifications to the Premises/Sienaze. 1. Signage. Alpharetta will add Milton to interior and exterior signage, including but not limited to door and directory signage; provided that such signage shall be of similar scale to existing Alpharetta signage. The parties agree to cooperate in the location and style of signage at the Premises during the term of this IGA. Any dispute regarding the location of signage at the Premises shall be resolved pursuant to Section IV of this IGA. Milton shall reimburse Alpharetta for any costs associated with signage modifications. 2. Courtroom. The parties will cooperate in completing any improvements and modifications to the Courtroom, which improvements and changes may be mutually agreed upon by the parties, and the parties agree that any improvements or modifications to the Courtroom shall not negatively impact Milton's operation of Municipal Court sessions within the Courtroom. Any dispute regarding improvements to the Courtroom shall be resolved pursuant to Section IV of this IGA. 3. Leased Space. Alpharetta has consented to the improvements and modifications shown in Exhibit B. Pursuant to Section II(C)(2) above, subject to Alpharetta's consent, which consent shall not be unreasonably withheld, Milton may, at its expense, make additional improvements to and modify the Leased Premises. G. Solicitor's Continued Riaht to Use. Alpharetta will continue to allow Milton's Solicitor to use the Solicitor's current office space and will continue to allow Milton's Solicitor to work on Milton matters in that space. III. TERM AND TERMINATION A. Term. This IGA shall commence upon execution by the parties and shall have an Initial Term of five (5) years. At the end of the Initial Term, and at the end of each Renewal Term (defined below), this IGA shall automatically renew for an additional one (1) year term ("Renewal Term") absent one party giving the other party written notice of non -renewal at least six (6) months prior to the date of renewal. This IGA may renew for a maximum of five (5) one-year Renewal Terms, B. Termination for Convenience. Either party may terminate this IGA for convenience by providing written notice of termination to the other party at least six (6) months prior to the date of termination. C. U on Termination. At the expiration or earlier termination of this IGA, Milton shall (i) deliver each and every part of the Leased Premises to Alpharetta and (ii) remove all of Milton's personal property, equipment and fixtures from the Premises. Any permanent modifications/alterations to the structure of the Leased Premises will remain. Alpharetta hereby agrees that Milton shall be allowed to remove all equipment installed by Milton; provided that Milton repairs any damage resulting from the removal of such equipment. IV. DISPUTE RESOLUTION If any disputes or issues arise in connection with this IGA, either party shall have the right to demand a meeting of the cities' respective City Managers. If the dispute cannot be resolved amicably between the City Managers, then either party shall have the right to request the other party participate in non-binding mediation. The mediator shall be mutually agreed upon, and the costs of the mediator shall be shared equally between the parties. In the event there is no request for mediation or mediation efforts fail, then any dispute or issues shall be resolved through litigation. In the event mediation is unsuccessful or deemed futile, the parties shall each be entitled to pursue all available remedies at law or equity; provided that any action or suit related to this IGA shall be brought in the Superior Court of Fulton County, Georgia, or the Northern District of Georgia, as applicable, and the parties hereby submit to the jurisdiction and venue of such court. V. MISCELLANEOUS A. Insurance. I. Alpharetta. Alpharetta shall procure and maintain a commercially reasonable policy of fire, flood and liability insurance on the Premises throughout the term of this IGA. Said insurance policy shall have aggregate annual coverage of no less than $1,000,000 for liability and $5,000,000 for flood/fire. Further, Alpharetta shall ensure that Milton is covered as an additional insured on such insurance policy. 2. Contractors/Subcontractors. During any construction on the Premises, the respective party completing such construction shall ensure by written contract that all contractors and subcontractors maintain commercially reasonable insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the work being performed and that both Milton and Alpharetta are listed as additional insured to such policies, including, but not limited to, a general liability policy with limits of no less than one million dollars ($1,000,000.00). Further, the party contracting for such work shall comply with O.C.G.A. § 13-10-90, et seq., O.C.G.A. § 50-36-1, et seq., O.C.G.A. § 36-91-1, et seq., and/or all other applicable law. B. Assignment or Transfer. The rights, privileges and obligations under this IGA shall not be assigned or transferred by any party without the prior written consent of the other party. C. Notices. All notices given pursuant to this IGA shall be in writing and shall be deemed received, and shall be effective when: (i) personally delivered, or (ii) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (iii) upon actual delivery when sent via national overnight commercial carrier to the party at the address given below, or at a substitute address previously furnished to the party by written notice in accordance herewith: To Milton: City of Milton, Georgia 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 ATTN: City Manager To Alpharetta: City of Alpharetta, Georgia 2 Park Plaza Alpharetta, GA 30009 ATTN: City Administrator Either party shall have the right, from time to time, to change the address to which notices to it shall be sent by giving to the other party at least ten (10) days prior notice of the changed address. D. Public Procurement Re uirements. Each party agrees that it will comply with all public works bidding requirements of the State of Georgia related to any construction, improvements, or services completed on the Premises. E. E -verify and Title VL Each party agrees that it will comply with all E -Verify and Title VI requirements and execute any documents reasonably required related to such compliance. Further, each party agrees that any contracts let for work completed on the Premises shall contain all required E -verify and Title VI requirements under applicable law. F. Entire A reement/Amendment. This IGA contains the entire agreement of the parties and supersedes all prior communications or agreements, whether oral, written, or understood, regarding the subject of this IGA. This IGA may be modified or amended only in writing properly executed by both parties. G. HeadinLys and Severability. The brief capitalized and underlined headings or titles preceding each paragraph are for purposes of identification, convenience and ease of reference only and in no way define, limit or describe the scope or intent thereof, or of this IGA nor in any way affect this IGA, and such headings or titles shall be disregarded in the construction of this IGA. Should any article(s) or section(s), or any part thereof, later be deemed unenforceable by a court of competent jurisdiction, the offending portion of the IGA should be severed, and the remainder of this IGA shall remain in full force and effect to the extent possible. H. Waiver. No failure of any party hereto to exercise any right or power granted under this IGA, or to insist upon strict compliance by the other party with this IGA, and no custom or practice of any party at variance with the terms and conditions of this IGA, shall constitute a general waiver of any future breach or default or affect either party's right to demand exact and strict compliance by any other party hereto with the terms and conditions of this IGA. I. Governin2 Law. The parties shall comply with all applicable laws, ordinances and regulations related to their respective use of the Premises and performance of this IGA. This IGA shall be governed by, construed under, performed and enforced in accordance with the laws of Georgia. J. Interpretation. The parties hereto have cooperated in the preparation of this IGA. Hence, should any provision of this IGA require judicial interpretation, it is agreed and stipulated by and between the parties that the court interpreting or construing the same shall not apply a presumption that the terms, conditions and provisions hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party who prepared the same. K. Counterparts. This IGA may be executed in multiple counterparts each of which is deemed an original of equal dignity with the others and which is deemed one and the same instrument as the others. L. Successors and Assigns. Subject to the provision of this IGA regarding assignment, this IGA shall be binding on the heirs, executors, administrators, successors and assigns of the respective parties, provided that no party may assign this IGA without prior written approval of the other ply. M. Third Parties. This IGA shall be exclusively for the benefit of the parties hereto and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. N. Sovereign Immunity. Nothing contained in this IGA shall be construed to be a waiver of either party's sovereign immunity or any individual's qualified good faith or official immunities. O. Force Maieure. Neither party shall be liable for its respective non-negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this IGA or for any delay in such performance due to: (a) any cause beyond its respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this IGA legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute; (f) delay or failure to act by any governmental or military authority other than the party claiming the benefit of this provision; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. P. Records. Each party shall maintain records relating to matters covered by this IGA as required by law and by any additional requirements in this IGA. Such records shall be maintained for at Ieast a period of three years following the termination of this IGA. Q. Authorization. Each of the individuals executing this IGA on behalf of his or her respective party agrees and represents to the other parry that he or she is authorized to do so and further agrees and represents that this IGA has been duly passed upon by the required governmental agency or council in accordance with all applicable laws and spread upon the minutes thereof. The parties hereto agree that this IGA is an intergovernmental contract and is entered into pursuant to Article IX, Section III, Paragraph I of the Constitution of the State of Georgia 1983. IN WITNESS WHEREOF, Milton and Alpharetta have caused this IGA to be executed under seal as of the Effective Date first provided above. [SIGNATURES ON FOLLOWING PAGE] CITY OF MILTON, GEORGIA Joe Lockwood, Mayor [CITY SEAL] ATTEST: Sudie Gordon, City Clerk NOTARY PUBLIC: My Commission Expires: [AFFIX NOTARY SEAL OR STAMP] CITY OF ALPHARETTA, GEORGIA David Belle Isle, Mayor [CITY SEAL] APPROVED AS TO FORM: ATTEST: C. Sam Thomas, City Attorney 1923832 Print: _ City Clerk NOTARY PUBLIC: My Commission Expires: [AFFIX NOTARY SEAL OR STAMP] Exhibit "A.1" [Insert Building Floorplan.] CARRUTH AND CARRUTH ARCHIT$CTS s1r OV6— m A..."L s...« AWN ne x>,C)i AIPFLMWA CWAPFU Govgl[11lM CIZCM = —_�v-- .,...... �s}]`���-�T] r �? F "I"= A=Ctrop( PLAN t� Exhibit "A.2" [Insert Floorplan of Leased Premises.] NI oN Ar FRT CARRUTH AICD CARRUTis ARCKrTFCTS us►�w r.r..e r....r :.Y. a,nr rfs x.-raN 1 C ALPRiRMA CRABAPrU CO1' NWINT Cull $AAii ALLOCITION PL.il4 .� !f! � I rl�kRlr�F �I Exhibit "B" [Insert plans for proposed improvements of the Leased Premises] te.k - 711 VL e, k—Q, r-ui4 J -U lE- d. -ZIA 2(L r4eli. 60 C U A 04M I t-. Lp w Ql*owCKuv C A Ml, 7-e d t450 PA (a JA �Pzuv L 4 4) 2' 5�A.Sr�A cA'A (OKA ADAA4) AL C. 'Jeal rL.a SID Nl I L 4r Cl Q. .."AA- 2"A.Jk, E wwt%Q& 4 olkws Zlf L-(,Vss �- , 3-1 to 15 . %(A �° 7e HOME OF' FSTABL.ISHF.D 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 28, 2015 FROM: City Manager AGENDA ITEM: Consideration of A Resolution Appointing A Member to the City of Milton Board of Zoning Appeals By Appointing A Board Member At Large. MEETING DATE: Monday, November 2, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. (APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. O YES (IVO CITY ATTORNEY REVIEW REQUIRED: () YES 0<N0 APPROVAL APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 1joZ Is - 11.10 S REMARKS © .1 You PHONE: 678.242.2500jFAX: 678.242.2499 Green *Cetryot,i* Top:1VU ri'ILi�L1hL Community cry°� info@cifyofmiltonga.us � www.cifyofmilfonga.us �Erh«s� 13000 Deerfield Parkway, Suite 107 Muton GA 30004 __' 'a` STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON BOARD OF ZONING APPEALS BY APPOINTING A BOARD MEMBER AT LARGE BE IT RESOLVED by the City Council of the City of Milton, Georgia while in regular session on November 2, 2015 at 6:00 p.m. as follows: SECTION 1. That _______________ (At Large) is hereby appointed for a term commencing November 2, 2015 and ending December 31, 2017; and, SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this 2nd day of November, 2015. Approved: ____________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal)