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Agenda Packet CC - 02/22/2017 - City Council Meeting 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 Wednesday, February 22, 2017 Regular Council Meeting Agenda 6:00 PM INVOCATION - Dr. Brent Ward, Birmingham United Methodist Church, Milton, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 17-044) ADMINISTER OATH OF OFFICE TO RICH AUSTIN, CHIEF OF POLICE (Mayor Joe Lockwood) MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 22, 2017 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the January 30, 2017 Regular City Council Meeting Minutes. (Agenda Item No. 17-045) (Sudie Gordon, City Clerk) 2. Approval of the February 6, 2017 Regular City Council Meeting Minutes. (Agenda Item No. 17-046) (Sudie Gordon, City Clerk) 3. Approval of the Financial Statements for the Period Ending December 2016. (Agenda Item No. 17-047) (Bernadette Harvill, Finance Director) 4. Approval of the Financial Statements for the Period Ending January 2017. (Agenda Item No. 17-048) (Bernadette Harvill, Finance Director) 5. Approval of a Parks and Recreation Department Facility Use Agreement and Addendums between the City of Milton and Core Physique. (Agenda Item No. 17-049) (Jim Cregge, Parks & Recreation Director) 6. Approval of a Professional Services Agreement between the City of Milton and Tunnell, Spangler & Associates, Inc. for the Development of the Unified Development Code. (Agenda Item No. 17-050) (Kathleen Field, Community Development Director) 7. Approval of the following Subdivision Plat: Name of Development / Location Action Comments / # lots Total Acres Density 1. Brickmont LL 1048 Webb Road Minor Plat Combine 2 Lots 2.016 .49 Lots / acre (Agenda Item No. 17-051) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 22, 2017 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Arbor Day. (Presented by Mayor Joe Lockwood) 7) FIRST PRESENTATION 1. Consideration of an Ordinance of the City of Milton, Georgia to Revise the City’s Procurement Policy with Respect to Engineering and Design Related Services in Federally-Funded Road Construction Projects; to Provide for the Repeal of Conflicting Ordinances; to Provide an Effective Date; and for Other Lawful Purposes. (Agenda Item No. 17-052) (Ken Jarrard, City Attorney) 8) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATION PUBLIC HEARING 1. Consideration of the Issuance of an Alcohol Beverage License to HDRA LLC, dba Ichiban Steak & Sushi, 5306 Windward Parkway, Milton, Georgia 30004. (Agenda Item No. 17-053) (Bernadette Harvill, Finance Director) 2. Consideration of the Issuance of an Alcohol Beverage License to Sirus Trading Investment LLC, dba I Love NY Pizza, 980 Birmingham Road, Milton, Georgia 30004. (Agenda Item No. 17-054) (Bernadette Harvill, Finance Director) 9) ZONING AGENDA 1. Consideration of RZ17-01 – Text Amendment to AG-1 (Agricultural) District, Development Standards in Section 64-416 of Chapter 64 of the Zoning Ordinance. (First Presentation at February 6, 2017 City Council Meeting) (Agenda Item No. 17-039) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 22, 2017 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Consideration of a Resolution to Create the Milton Greenspace Advisory Committee (MGAC). (Agenda Item No. 17-055) (Kathleen Johnson, Conservation Project Manager) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS Department Updates 1. Community Development 2. Police 3. Finance 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 17-056) The minutes were provided electronically HOME OF' HE BEST QUALITY OF LIEO M T I tTO NESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 13, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of the Financial Statements for the Period Ending December 2016. MEETING DATE: Wednesday, February 22, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (V<O CITY ATTORNEY REVIEW REQUIRED: O YES --(.;AO APPROVAL BY CITY ATTORNEY: () APPROVED (/ NOT APPROVED PLACED ON AGENDA FOR: 6=I2slZol REMARKS: ©*Youn PHONE: 678.242.25001 FAX: 678.242.2499 reenn 1nfaftwuuu COmnlUnl o'd ityolmllfonga.us www.eilyofmllfonga.us 1 enw A 13000 Deerfield Parkway. Suite 107 1 Milton GA 30004 --l— . ...... To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on February 7, 2017 for the February 22, 2017 Regular Council Meeting Agenda Item: Financial Statements for Period 3 – December 2016 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 7.93% over what is anticipated for the third period of the fiscal year. Total expenditures to-date are $7,205,833 and are 13.10% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $22,493,875, capital expenditures-to-date total $1,274,058. 1 of 10 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending December 2016 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 10,668,000 257,871 122,500 135,371 257,841 122,500 135,341 Motor Vehicle Tax 542,000 42,404 44,820 (2,416) 93,466 89,640 3,826 Intangible Tax 250,000 27,360 20,750 6,610 48,713 41,500 7,213 Real Estate Transfer Tax 115,000 8,969 9,545 (576) 13,925 19,090 (5,166) Franchise Fees 1,915,900 72,956 - 72,956 72,956 - 72,956 Local Option Sales Tax 8,400,000 691,021 697,200 (6,179) 1,417,785 1,394,400 23,385 Alcohol Beverage Excise Tax 295,000 25,156 24,485 671 48,215 48,970 (755) Business & Occupation Tax 650,000 14,504 32,500 (17,996) 17,506 32,500 (14,994) Insurance Premium Tax 1,800,000 - - - - - - Financial Institution Tax 46,000 - - - - - - Penalties & Interest 33,400 3,865 3,385 481 8,338 8,747 (409) Alcohol Beverage Licenses 140,000 27,650 7,000 20,650 133,250 140,000 (6,750) Other Non-Business Permits/Licenses 19,485 2,586 1,650 937 6,208 5,249 959 Zoning & Land Disturbance Permits 217,200 21,600 18,093 3,507 24,725 54,278 (29,553) Building Permits 480,000 27,800 38,400 (10,600) 84,815 124,800 (39,985) Intergovernmental Revenue - - - - - - - Other Charges for Service 519,700 27,701 27,869 (168) 118,032 120,746 (2,714) Municipal Court Fines 560,000 36,944 41,595 (4,651) 132,256 142,960 (10,704) Interest Earnings 30,420 5,666 2,535 3,131 15,972 7,605 8,367 Contributions & Donations - 15 - 15 17,525 - 17,525 Other Revenue 140,612 17,471 5,124 12,347 62,878 15,371 47,507 Other Financing Sources 1,017,126 87,146 83,069 4,076 250,833 249,208 1,626 Total Revenues 27,839,843 1,398,685 1,180,518 218,167 2,825,238 2,617,564 207,674 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 166,759 8,385 12,118 (3,733) 36,264 43,303 (7,039) City Clerk 207,077 13,097 16,847 (3,749) 46,642 55,799 (9,157) City Manager 691,336 54,181 52,532 1,649 158,620 169,797 (11,178) General Administration 72,818 2,729 6,057 (3,328) 13,703 18,226 (4,523) Finance 452,793 35,606 33,884 1,722 106,978 119,823 (12,845) Legal 290,000 23,389 24,167 (778) 47,346 48,333 (987) Information Technology 921,534 80,857 89,803 (8,946) 302,299 299,386 2,913 Human Resources 334,445 24,994 27,754 (2,761) 65,281 80,618 (15,338) Risk Management 283,300 - - - 131,778 131,778 - General Government Buildings 474,354 34,146 48,142 (13,995) 102,438 144,425 (41,986) Communications 205,479 6,067 15,457 (9,390) 39,897 50,612 (10,715) Community Outreach & Engagement 152,443 14,480 12,453 2,027 35,052 37,358 (2,307) Municipal Court 298,347 22,317 23,157 (840) 65,716 71,905 (6,189) Police 4,430,315 274,079 367,803 (93,724) 933,029 1,150,886 (217,857) Fire 6,559,155 432,514 512,955 (80,441) 1,729,365 2,046,082 (316,717) Public Works 2,427,495 149,261 203,845 (54,584) 438,530 620,980 (182,451) Parks & Recreation 1,430,360 46,365 101,032 (54,667) 506,202 641,974 (135,772) Community Development 952,840 66,370 76,630 (10,261) 188,837 236,461 (47,624) Economic Development 179,869 8,088 13,534 (5,446) 30,476 53,136 (22,660) Debt Service - Capital Lease Payment 718,112 - - - 726,400 718,112 8,288 Operating Transfers to Other Funds 6,003,930 500,328 500,127 200 1,500,983 1,500,382 600 Operating Reserve 212,228 - 17,679 (17,679) - 53,036 (53,036) Total expenditures 27,464,989 1,797,250 2,155,974 (358,724)7,205,833 8,292,411 (1,086,578) Net Income/(Loss)374,854 (398,566)(4,380,595) Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Earth Day Vendor Fee 305$ -$ -$ (305)$ Hometown Jubilee Vendor Fee - - - - Interest Revenues - 1 2 2 Crabapple Fest Sponsor 8,000 - 1,500 (6,500) Earth Day Sponsor 2,550 - - (2,550) Concert Sponsor - - - - Mayor's Run Sponsor 1,000 - - (1,000) Donations - - 371 371 T-shirt Sales - - - - Mayor's Run Reg. Fees - - - - Roundup Food Sales - - - - Total revenues 11,855$ 1$ 1,873$ (9,982)$ EXPENDITURES Current: Special Events 75,065$ 4,000$ 22,694$ 52,371$ Total Expenditures 75,065$ 4,000$ 22,694$ 52,371$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 10,550$ 879$ 2,638$ (7,912)$ Transfers in from Hotel/Motel Tax Fund 47,000 5,878 13,130 (33,870) Total other financing sources and uses 57,550$ 6,757$ 15,768$ (41,782)$ Net change in fund balances (5,660)$ (5,053)$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2016 3 of 10 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ 1,413$ 1,413$ Cash Confiscations/Fed Funds/US Marshal - - - - - Cash Confiscations/Federal Funds - - 1,014 7,708 7,708 Interest Revenues/State Funds - - 2 5 5 Interest Revenues/Federal Funds - - 2 7 7 Realized Gain on Investments/State Funds - - - - - Budgeted Fund Balance - - - - - Total revenues -$ -$ 1,018$ 9,133$ 9,133$ EXPENDITURES Current: Police -$ -$ 640$ 758$ (758)$ Total Expenditures -$ -$ 640$ 758$ (758)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances -$ -$ 8,375$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2016 4 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 890,000$ 32,929$ 70,996$ (819,004)$ Interest Revenue - 12 23 23 Total revenues 890,000$ 32,941$ 71,019$ (818,981)$ EXPENDITURES Current: Public Safety 890,000$ -$ -$ 890,000$ Total Expenditures 890,000$ -$ -$ 890,000$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Operating Transfer Out to Capital Projects -$ -$ -$ -$ Net change in fund balances -$ 71,019$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2016 5 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 67,000$ 5,878$ 13,130$ (53,870)$ Total revenues 67,000$ 5,878$ 13,130$ (53,870)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ -$ -$ (20,000)$ Transfers out to Special Events Fund 47,000 5,878 13,130 (33,870) Total other financing sources and uses 67,000$ 5,878$ 13,130$ (53,870)$ Net change in fund balances -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2016 6 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 95,000$ -$ -$ (95,000)$ Infrastructure Maint Penalty & Interest - - - - Sidewalk Replacement Account - - - - Crabapple Paving Fee - - - - Traffic Calming - - - - Tree Recompense - 17,000 17,000 17,000 Landfill Host Fees 140,000 - - (140,000) HYA Fees - - - Interest Revenue - 1 33 33 Realized Gain or Loss on Investments - - - - Cell Tower Lease - 7,658 20,560 20,560 Insurance Proceeds/Public Safety - - - - Insurance Proceeds/Parks & Rec - - - - Insurance Proceeds/Public Works - - - - Atlanta HIDTA Stipend - 1,500 1,500 1,500 Capital Lease Proceeds - - - - Total revenues 235,000$ 26,159$ 39,093$ (195,907)$ EXPENDITURES Capital Outlay City Council 1,007,117$ 2,580$ 17,537$ 989,580$ General Admin 13,762 - - 13,762 General Govt Bldg 5,629,052 29,471 832,375 4,796,677 Finance - - - - IT 218,600 - 18,599 200,001 Court (1,700) - - (1,700) Police 1,234,713 34,918 261,158 973,555 Fire 1,675,415 910 2,710 1,672,705 Public Works 8,429,448 27,186 81,182 8,348,266 Parks & Recreation 3,662,715 43,831 49,735 3,612,980 Community Development 624,753 - 10,763 613,991 Total Capital Outlay 22,493,875$ 138,895$ 1,274,058$ 21,219,817$ Excess of revenues over expenditures (22,258,875)$ (112,736)$ (1,234,965)$ (21,415,724)$ OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 5,993,380$ 499,448$ 1,498,345$ (4,495,035)$ Transfers in from Capital Grant Fund 100,000 8,333 25,000 (75,000) Transfers in from E-911 Fund - - - - Impact Fees/Law Enforcement Fund 15,557 - - (15,557) Impact Fees/Fire 89,145 - - (89,145) Impact Fees/Road 111,251 - - (111,251) Impact Fees/Park 668,123 - - (668,123) Transfer to the General Fund (243,000) (20,250) (60,750) (182,250) Unallocated - - - - Lease Proceeds - - - - Proceeds of Sale of Assets - - - Budgeted Fund Balance - - - - Total other financing sources and uses 6,734,456$ 487,532$ 1,462,595$ (5,636,361)$ Net change in fund balances (15,524,419)$ 227,630$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2016 7 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT Crabapple Streetscape 500,000$ -$ -$ (500,000)$ GDOT TAP (Big Creek Greenway)- - 50,000 50,000 CDBG - - - - LMIG Funds 200,000 - 369,450 169,450 GDOT HPP Funds 3,738,408 - - (3,738,408) MARTA Grant 71,863 - - (71,863) SR 9 @ Bethany Bend Grant 872 - - (872) GDOT-Signage/Landscaping 4,062 - - (4,062) Trail Connection to Big Creek Greenway - - - - Interest Revenues - 17 28 28 Total revenues 4,515,205$ 17$ 419,478$ (4,095,727)$ EXPENDITURES Capital Outlay Unallocated -$ Public Safety - Public Works 4,953,009$ -$ 1,766$ 4,951,243$ Community Development 4,900 - - 4,900 Total Capital Outlay 4,957,909$ -$ 1,766$ 4,956,143$ Excess of revenues over expenditures (442,704)$ 17$ 417,712$ 860,416$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfers in to General Fund - -$ -$ -$ Transfer Out to Capital Projects Fund (100,000) (8,333) (25,000) (75,000) Budgeted Fund Balance - - - - Total other financing sources and uses (100,000)$ (8,333)$ (25,000)$ (75,000)$ Net change in fund balances (542,704)$ 392,712$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2016 8 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 26,522$ 4,426$ 10,429$ (16,093)$ Law Enforcement Fund 15,557 1,897 4,671 (10,886) Fire Fund 89,145 10,871 26,767 (62,378) Road Fund 111,251 13,567 36,508 (74,743) Park Fund 668,123 121,194 279,680 (388,444) Interest Revenues/Admin Fund - 0 1 1 Interest Revenues/Law Enforcement Fund - 0 0 0 Interest Revenues/Fire Fund - 1 2 2 Interest Revenues/Road Fund - 1 2 2 Interest Revenues/Park Fund - 12 19 19 Total revenues 910,598$ 151,972$ 358,079$ (552,519)$ EXPENDITURES Admin Police Fire Public Works Parks & Recreation Total Capital Outlay -$ -$ -$ -$ Excess of revenues over expenditures 910,598$ 151,972$ 358,079$ (552,519)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfer Out to General Fund/Admin (26,522) 26,522 Transfer Out to Capital Projects Fund/Law Enf (15,557) 15,557 Transfer Out to Capital Projects Fund/Fire (89,145) 89,145 Transfer Out to Capital Projects Fund/Road (111,251) 111,251 Transfer Out to Capital Projects Fund/Park (668,123) 668,123 Total other financing sources and uses (910,598)$ -$ -$ 910,598$ Net change in fund balances -$ 358,079$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2016 9 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues -$ -$ -$ -$ Interest Revenues 17 49 49 Contributions & Donations - - - - Total revenues -$ 17$ 49$ 49$ EXPENDITURES Capital Outlay General Government Buildings -$ -$ -$ -$ Parks & Recreation 48,059 7,220 7,220 40,839 Bond Principal - - - - Bond Interest - - - - Total Capital Outlay 48,059$ 7,220$ 7,220$ 40,839$ Excess of revenues over expenditures (48,059)$ (7,203)$ (7,171)$ 40,888$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfers out to General Fund (712,604) (59,384) (178,151) (534,453) Revenue Bond Proceeds - - - - Total other financing sources and uses (712,604)$ (59,384)$ (178,151)$ (534,453)$ Net change in fund balances (760,663)$ (185,322)$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2016 10 of 10 9 HOME OF'E BEST QUALITY Of LIEO M T I tTONt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 13, 2017 FROM: Steven Krokoff, City Manager (� AGENDA ITEM: Approval of the Financial Statements for the Period Ending January 2017. MEETING DATE: Wednesday, February 22, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,APPROVED / J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES /a 1V0 CITY ATTORNEY REVIEW REQUIRED: () YES ("wo APPROVAL BY CITY ATTORNEY: ()APPROVED (/ NOT APPROVED PLACED ON AGENDA FOR: 02/zzltai REMARKS: �y Yom **; PHONE: 678.242.25001 FAX: 678.242.2499 Inlo0cityofmlltonga.uslw xltyofmiBonga.us Community �h 13000 Deerfield Parkway, suite 107 1 Milton GA 30004 - ^ °^�^•_ To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on February 10, 2017 for the February 22, 2017 Regular Council Meeting Agenda Item: Financial Statements for Period 4 – January 2017 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 4.10% over what is anticipated for the fourth period of the fiscal year. Total expenditures to-date are $8,959,508 and are 14.42% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $22,493,875, capital expenditures-to-date total $2,450,880. 1 of 10 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending January 2017 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 10,668,000 75,672 45,250 30,422 333,513 167,750 165,763 Motor Vehicle Tax 542,000 44,743 44,820 (77) 138,209 134,460 3,749 Intangible Tax 250,000 25,174 20,750 4,424 73,887 62,250 11,637 Real Estate Transfer Tax 115,000 6,947 9,545 (2,598) 20,872 28,635 (7,763) Franchise Fees 1,915,900 151,548 408,975 (257,427) 224,504 408,975 (184,471) Local Option Sales Tax 8,400,000 838,525 697,200 141,325 2,256,310 2,091,600 164,710 Alcohol Beverage Excise Tax 295,000 28,140 24,485 3,655 76,355 73,455 2,900 Business & Occupation Tax 650,000 83,929 32,500 51,429 101,436 65,000 36,436 Insurance Premium Tax 1,800,000 - - - - - - Financial Institution Tax 46,000 - - - - - - Penalties & Interest 33,400 1,172 2,020 (848) 9,511 10,767 (1,257) Alcohol Beverage Licenses 140,000 9,144 - 9,144 142,394 140,000 2,394 Other Non-Business Permits/Licenses 19,485 1,677 1,942 (265) 7,884 7,191 693 Zoning & Land Disturbance Permits 217,200 2,875 18,093 (15,218) 27,600 72,371 (44,771) Building Permits 480,000 25,419 28,800 (3,381) 110,233 153,600 (43,367) Intergovernmental Revenue - - - - - - - Other Charges for Service 519,700 34,564 44,573 (10,009) 152,596 165,289 (12,693) Municipal Court Fines 560,000 38,806 35,226 3,580 171,062 178,186 (7,124) Interest Earnings 30,420 5,868 2,535 3,333 21,840 10,140 11,700 Contributions & Donations - 5,000 - 5,000 22,525 - 22,525 Other Revenue 140,612 1,230 5,324 (4,094) 64,108 20,695 43,413 Other Financing Sources 1,017,126 85,921 83,069 2,851 336,754 332,277 4,477 Total Revenues 27,839,843 1,466,353 1,505,106 (38,753)4,291,591 4,122,640 168,951 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 166,759 9,639 11,697 (2,057) 48,846 55,000 (6,153) City Clerk 207,077 16,011 17,259 (1,247) 63,138 73,058 (9,920) City Manager 691,336 50,213 52,203 (1,991) 209,724 225,284 (15,560) General Administration 72,818 2,005 6,057 (4,052) 17,161 24,282 (7,121) Finance 452,793 30,505 32,062 (1,557) 137,483 151,885 (14,402) Legal 290,000 23,293 24,167 (874) 70,639 72,500 (1,861) Information Technology 921,534 27,540 67,657 (40,117) 337,056 371,970 (34,915) Human Resources 334,445 17,587 30,869 (13,282) 84,013 111,487 (27,474) Risk Management 283,300 - - - 131,778 131,775 3 General Government Buildings 474,354 34,146 48,142 (13,995) 136,584 192,566 (55,982) Communications 205,479 6,084 18,075 (11,991) 46,240 68,727 (22,486) Community Outreach & Engagement 152,443 7,942 12,453 (4,510) 44,784 49,811 (5,027) Municipal Court 298,347 19,787 23,303 (3,516) 85,503 95,208 (9,705) Police 4,430,315 286,298 390,182 (103,884) 1,227,611 1,546,318 (318,707) Fire 6,559,155 450,058 542,118 (92,060) 2,186,103 2,588,351 (402,248) Public Works 2,427,495 113,594 197,507 (83,914) 554,087 819,103 (265,016) Parks & Recreation 1,430,360 51,776 81,312 (29,536) 558,300 723,285 (164,985) Community Development 952,840 63,900 76,441 (12,541) 254,180 312,903 (58,723) Economic Development 179,869 8,046 13,534 (5,487) 38,569 66,670 (28,101) Debt Service - Capital Lease Payment 718,112 - - - 726,400 718,112 8,288 Operating Transfers to Other Funds 6,003,930 500,328 500,127 200 2,001,310 2,000,509 801 Operating Reserve 212,228 - 17,679 (17,679) - 70,714 (70,714) Total expenditures 27,464,989 1,718,752 2,162,843 (444,091)8,959,508 10,469,518 (1,510,010) Net Income/(Loss)374,854 (252,399)(4,667,917) Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Earth Day Vendor Fee 305$ -$ -$ (305)$ Hometown Jubilee Vendor Fee - - - - Interest Revenues - 1 3 3 Crabapple Fest Sponsor 8,000 - 1,500 (6,500) Earth Day Sponsor 2,550 - - (2,550) Concert Sponsor - - - - Mayor's Run Sponsor 1,000 - - (1,000) Donations - - 371 371 T-shirt Sales - - - - Mayor's Run Reg. Fees - - - - Roundup Food Sales - - - - Total revenues 11,855$ 1$ 1,874$ (9,981)$ EXPENDITURES Current: Special Events 75,065$ 248$ 24,642$ 50,423$ Total Expenditures 75,065$ 248$ 24,642$ 50,423$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 10,550$ 879$ 3,517$ (7,033)$ Transfers in from Hotel/Motel Tax Fund 47,000 5,032 18,162 (28,838) Total other financing sources and uses 57,550$ 5,911$ 21,679$ (35,871)$ Net change in fund balances (5,660)$ (1,090)$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2017 3 of 10 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ 1,413$ 1,413$ Cash Confiscations/Fed Funds/US Marshal - - - - - Cash Confiscations/Federal Funds - - - 7,708 7,708 Interest Revenues/State Funds - - 2 7 7 Interest Revenues/Federal Funds - - 2 9 9 Realized Gain on Investments/State Funds - - - - - Budgeted Fund Balance - - - - - Total revenues -$ -$ 4$ 9,137$ 9,137$ EXPENDITURES Current: Police -$ -$ -$ 758$ (758)$ Total Expenditures -$ -$ -$ 758$ (758)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances -$ -$ 8,379$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2017 4 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 890,000$ 151,196$ 222,192$ (667,808)$ Interest Revenue - 6 30 30 Total revenues 890,000$ 151,202$ 222,221$ (667,779)$ EXPENDITURES Current: Public Safety 890,000$ 280,897$ 280,897$ 609,103$ Total Expenditures 890,000$ 280,897$ 280,897$ 609,103$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Operating Transfer Out to Capital Projects -$ -$ -$ -$ Net change in fund balances -$ (58,675)$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2017 5 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 67,000$ 5,032$ 18,162$ (48,838)$ Total revenues 67,000$ 5,032$ 18,162$ (48,838)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ -$ -$ (20,000)$ Transfers out to Special Events Fund 47,000 5,032 18,162 (28,838) Total other financing sources and uses 67,000$ 5,032$ 18,162$ (48,838)$ Net change in fund balances -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2017 6 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 95,000$ 7,011$ 7,011$ (87,989)$ Infrastructure Maint Penalty & Interest - 25 25 25 Sidewalk Replacement Account - - - - Crabapple Paving Fee - - - - Traffic Calming - - - - Tree Recompense - - 17,000 17,000 Landfill Host Fees 140,000 30,317 30,317 (109,683) HYA Fees - - - Interest Revenue - - 33 33 Realized Gain or Loss on Investments - - - - Cell Tower Lease - 7,343 27,903 27,903 Insurance Proceeds/Public Safety - - - - Insurance Proceeds/Parks & Rec - - - - Insurance Proceeds/Public Works - - - - Atlanta HIDTA Stipend - - 1,500 1,500 Capital Lease Proceeds - - - - Total revenues 235,000$ 44,696$ 83,789$ (151,211)$ EXPENDITURES Capital Outlay City Council 1,007,117$ -$ 17,537$ 989,580$ General Admin 13,762 - - 13,762 General Govt Bldg 5,629,052 1,155,219 1,987,594 3,641,458 Finance - - - - IT 218,600 - 18,599 200,001 Court (1,700) - - (1,700) Police 1,234,713 6,509 267,667 967,046 Fire 1,675,415 - 2,710 1,672,705 Public Works 8,429,448 5,902 87,081 8,342,367 Parks & Recreation 3,662,715 1,000 50,735 3,611,980 Community Development 624,753 8,000 18,958 605,796 Total Capital Outlay 22,493,875$ 1,176,629$ 2,450,880$ 20,042,995$ Excess of revenues over expenditures (22,258,875)$ (1,131,933)$ (2,367,091)$ (20,194,205)$ OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 5,993,380$ 499,448$ 1,997,793$ (3,995,587)$ Transfers in from Capital Grant Fund 100,000 8,333 33,333 (66,667) Transfers in from E-911 Fund - - - - Impact Fees/Law Enforcement Fund 15,557 - - (15,557) Impact Fees/Fire 89,145 - - (89,145) Impact Fees/Road 111,251 - - (111,251) Impact Fees/Park 668,123 - - (668,123) Transfer to the General Fund (243,000) (20,250) (81,000) (162,000) Unallocated - - - - Lease Proceeds - - - - Proceeds of Sale of Assets - - - Budgeted Fund Balance - - - - Total other financing sources and uses 6,734,456$ 487,532$ 1,950,127$ (5,108,329)$ Net change in fund balances (15,524,419)$ (416,965)$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2017 7 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT Crabapple Streetscape 500,000$ -$ -$ (500,000)$ GDOT TAP (Big Creek Greenway)- - 50,000 50,000 CDBG - - - - LMIG Funds 200,000 - 369,450 169,450 GDOT HPP Funds 3,738,408 - - (3,738,408) MARTA Grant 71,863 - - (71,863) SR 9 @ Bethany Bend Grant 872 - - (872) GDOT-Signage/Landscaping 4,062 - - (4,062) Trail Connection to Big Creek Greenway - - - - Interest Revenues - 16 44 44 Total revenues 4,515,205$ 16$ 419,494$ (4,095,711)$ EXPENDITURES Capital Outlay Unallocated -$ Public Safety - Public Works 4,953,009$ -$ 1,766$ 4,951,243$ Community Development 4,900 - - 4,900 Total Capital Outlay 4,957,909$ -$ 1,766$ 4,956,143$ Excess of revenues over expenditures (442,704)$ 16$ 417,728$ 860,432$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfers in to General Fund - -$ -$ -$ Transfer Out to Capital Projects Fund (100,000) (8,333) (33,333) (66,667) Budgeted Fund Balance - - - - Total other financing sources and uses (100,000)$ (8,333)$ (33,333)$ (66,667)$ Net change in fund balances (542,704)$ 384,395$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2017 8 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 26,522$ 1,714$ 12,143$ (14,379)$ Law Enforcement Fund 15,557 759 5,430 (10,127) Fire Fund 89,145 4,349 31,115 (58,030) Road Fund 111,251 5,427 41,935 (69,316) Park Fund 668,123 46,613 326,293 (341,830) Interest Revenues/Admin Fund - 1 1 1 Interest Revenues/Law Enforcement Fund - 0 1 1 Interest Revenues/Fire Fund - 1 3 3 Interest Revenues/Road Fund - 2 4 4 Interest Revenues/Park Fund - 14 33 33 Total revenues 910,598$ 58,879$ 416,959$ (493,639)$ EXPENDITURES Admin Police Fire Public Works Parks & Recreation Total Capital Outlay -$ -$ -$ -$ Excess of revenues over expenditures 910,598$ 58,879$ 416,959$ (493,639)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfer Out to General Fund/Admin (26,522) 26,522 Transfer Out to Capital Projects Fund/Law Enf (15,557) 15,557 Transfer Out to Capital Projects Fund/Fire (89,145) 89,145 Transfer Out to Capital Projects Fund/Road (111,251) 111,251 Transfer Out to Capital Projects Fund/Park (668,123) 668,123 Total other financing sources and uses (910,598)$ -$ -$ 910,598$ Net change in fund balances -$ 416,959$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2017 9 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues -$ -$ -$ -$ Interest Revenues 14 63 63 Contributions & Donations - - - - Total revenues -$ 14$ 63$ 63$ EXPENDITURES Capital Outlay General Government Buildings -$ -$ -$ -$ Parks & Recreation 48,059 - 7,220 40,839 Bond Principal - - - - Bond Interest - - - - Total Capital Outlay 48,059$ -$ 7,220$ 40,839$ Excess of revenues over expenditures (48,059)$ 14$ (7,157)$ 40,902$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfers out to General Fund (712,604) (59,384) (237,535) (475,069) Revenue Bond Proceeds - - - - Total other financing sources and uses (712,604)$ (59,384)$ (237,535)$ (475,069)$ Net change in fund balances (760,663)$ (244,692)$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2017 10 of 10 HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON't ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 13, 2017 FROM: Steven Krokoff, City Manager 0 AGENDA ITEM: Approval of a Parks and Recreation Department Facility Use Agreement and Addendums between the City of Milton and Core Physique. MEETING DATE: Wednesday, February 22, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (, VAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,.}'%ES (J NO CITY ATTORNEY REVIEW REQUIRED: (.(YES (J NO APPROVAL BY CITY ATTORNEY. (.APPROVED () NOT APPROVED PLACED ON AGENDA FOR: oi/32176#1 REMARKS: 0 y Yaum PHONE: 678.242.25001 FAX: 678.242.2499®Green ' `a �: '°`wog IMo�oltyofmllfongams l w .altyolmlHonga.us wn.oun Community QE -' 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 c To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on February 2, 2017 for the February 22, 2017 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Facility Use Agreement and Addendums between The City of Milton and Core Physique. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Facility Use Agreement between The City of Milton and Core Physique. Executive Summary: Core Physique provides the City with a variety of fitness programming. This program will offer its classes at the Bethwell Community Center and Bell Memorial Park year-round. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 15% commission on registration to the City. Alternatives: If this contract is not approved, we will have to research to find another fitness instructor. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, November 2, 2016 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Parks and Recreation Department Facility Use Agreement and addendums between The City of Milton and Core Physique. CITY OF MILTON PARKS & RECREATION DEPARTMENT THIS IS AN AGREEMENT, made this a' -Id ay of AQT\ , , 2017, between: THE CITY OF MILTON, a municipal corporation organized and operating under the laws of the State of Georgia, acting by and through its governing authority, the Milton Mayor and City Council, and with a business address of 13000 Deerfield Parkway, Suite 107 A, MILTON, Georgia 30004, hereinafter referred to as the "CITY." and CORE PHYSIQUE herein afterreferred to asuPROVIDER". CITY and PROVIDER may hereinafter collectively be referred to as "the Parties". In consideration of the mutual obligations of the Parties and for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1.0 PROVIDER's Services and Responsibilities 1.1 PROVIDER shall conduct services generally described as FITNESS PROGRAMMING at the following locations: BELL MEMORIAL PARK & BETHWELL COMMUNITY CENTER 1.2 The PROVIDER's services shall be performed during the days and hours described in Exhibit"A," attached hereto and incorporated herein byreference. 1.3 The PROVIDER and The Director of the Parks & Recreation Department (hereinafter referred to as the "Department") or his designee, will coordinate to schedule the program schedule, which schedule will be approved by Department Director, or his designee, atitssole discretion. PROVIDER agrees to submit a Program Request Form to the City's Recreation Program Manager (hereinafter "Manager") for each program being proposed four (4) weeks prior to the beginning of each program session. 1.4 The fees charged to each participant will be as described in Exhibit "A" for residents of MILTON and ALPHARETTA, and a surcharge of 50% more will be charged to each participant who is not a resident of MILTON or ALPHARETTA. The entire balance of this surcharge for non- residentsshall be paid to the CITY. 1.5 The PROVIDER can make available a reasonable number of scholarships for participants requiring assistance. Scholarships offered to residents of the City of Milton and the City of Alpharetta will result in no payment of commission on the registration to the City of Milton. Scholarships offered to participants who are not residents of the City of Milton or the City of Alpharetta will result in no payment of commission on the registration to the City of Milton, however, the PROVIDER is responsible to pay the City non-resident tees for non-resident scholarship recipients to the City. The PROVIDER is responsible for identifying participants who have received a scholarship from the PROVIDER. 1.6 The PROVIDER warrantsto CITYthat it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its abilityto perform its obligations underthis Agreement. 1.7 The PROVIDER agrees that it shall be solely responsible for all costs and/or expenses associated with, or as a result of its operation under this Agreement. The PROVIDER stipulates and certifies that it is qualified to provide the programs it is hired to provide, maintains the education and required licenses or permits necessary to provide the programs, and shall continue to maintain such licenses or permits during the term of this Agreement. 1.8 This Agreement is considered a non-exclusive Agreement between the Parties. The CITY shall have the rightto purchase the same kind of servicesto be provided by the PROVIDER from othersources during the term of this Agreement. The PROVIDERis not precluded from providing the same or similar services for other partiesso long assuch other engagements do notinterfere with the PROVIDER'S provision of services to the CITY. 1.9 The DEPARTMENT must approve any promotional material, flyers, and posters advertising the programs prior to its release. The following content and topics shag specifically be prohibited: sexually explicit materials, profanity, child pornography, alcoholic beverages, tobacco products, adult movies, adult book/video stores, adult entertainment establishments, massage parlors, pawn shops, and tattoo parlors orshops. 1.10 The PROVIDER shall not promote any privately owned business in a CITY park/facility or solicit any participant in a CITY park/facility activity for any privately owned business. The PROVIDER may not use said facilities to conduct personal business, including but not limited to workshops, clinics, seminars, camps, private sessions, or any other activities that are outside the scope of service described in Exhibit "A". It is further understood thatsuch improper/prohibited action(s) may result in immediate termination of this Agreement and the forfeiture of all compensation due or authorized for payment to the PROVIDER. 1.11 The PROVIDER shall abide by the policies, procedures, rules and regulations of the DEPARTMENT, the CITY, and the FULTON COUNTY BOARD OF EDUCATION as promulgated from time to time. PROVIDER understands and agrees that the DEPARTMENTshall have first priority to use of CITYfacilities, notwithstanding any other provisions of this Agreement. 1.12 All assistants, substitutes, and subcontractors utilized by the PROVIDER must have prior written approval of the DEPARTMENT. 1.13 PROVIDER shall provide necessary supervisory personnel to ensure that the participants of the programs obey all applicable policies, procedures, Rules and Regulations. 1.14 The DEPARTMENT or CITY may require that the PROVIDER not be permitted to utilize specific assistants, substitutes, or subcontractors of PROVIDER who have failed to follow any policies, procedures, rules orregulations applicable to the use of the facility. 1.15 Although the CITYshall not controlthe PROVIDER's techniques, methods, procedures, or sequence of instruction, the PROVIDER will comply with the CITY's and DEPARTMENT's policies, rules, regulations and procedures, as well as those of the FULTON COUNTY BOARD OF EDUCATION, and shall not interfere with their operation, nor harm ordamage the equipment or facilities afforded to PROVIDER for his/her programs, nor otherwise disrupt the other on-site activities being offered at such public facilities. 1.16 The PROVIDER also acknowledges that he or she is primarily responsible forthe conduct of the participants in all programs underthe PROVIDER's charge. 1.17 If the PROVIDER will be providing services directly with minor children without parental supervision, the PROVIDER shall, prior to commencing services under this Agreement, comply with the CITY's policy regarding criminal background screening. The CITY will furnish the PROVIDER with a background release form (Exhibit "B"), which must be completed and executed by for all the provider's counselors, coaches, volunteers, subcontractors, employees or any other individuals that will come in contact with a child, and background checks will be completed atthe PROVIDER'ssole expense. A Consent and Release Form to conduct a criminal background must be executed by any of PROVIDER's employees or any individual who will come in contact with a child at the CITY through PROVIDER or at PROVIDER's direction, such form authorizing the CITYto conduct a search of each such individual's criminal background. The result of such inquiry may be deemed acceptable by the CITY in its sole and complete discretion, and the CITY may reject any individual from participating in any program based upon such results. if the PROVIDER has recently had a background screening conducted by another agency, the CITY, at its sole discretion, may accept that background screening and waive the requirement of a new background screening. PROVIDER and its employees must also execute a Waiver and Release of Liability holding the CITY and FULTON COUNTY BOARD OF EDUCATION harmless. 1.18 itis the responsibility ofthe PROVIDERto ensure that 100% oftheir coaches and volunteers complete alllegally mandated reporter training programs before being permitted to volunteer or coach. 1.19 The CITY shall require all participants in all programs to sign a Waiver and Release of Li a b ility. 1.20 The PROVIDER shall only use the facilities identified by the CITY, and such use shall be limite d to CITY d esig n ate d a ctivities. 1.21 The PR 0 VIDER sh all notsublet any CITY f a cilities to any entity. ARTICLE 2.0 2.1 All program materials and equipment needed or pertaining to the above stated programs will be provided by the PROVIDER at his/her own cost and expense. However, PROVIDER may require participants to obtain certain materials required in the programs by providing alist ofsuch materials(with approximate costs)tothe participants. If PROVIDER makes such materials available to participants, they must be sold at PROVIDER's cost. All equipment provided bythe PROVIDER shall be used in strict accordance with equipment manufacturer's instructions and in accordance with all applicable laws. PROVIDERshall coordinate storage of equipment with the principal of the school located atthe facility, if applicable. 2.2 The sale of merchandise is restricted to those materials utilized in and for the programs, with the exception of fundraising activities, in which other appropriate items such as gifts and food/drink may be sold. Fundraising activities conducted by the PROVIDER will be permitted. The PROVIDER shall obtain the CITY's approval of any fundraising activities and sale of merchandise priorto its distribution orsale. 2.3 The CITY will provide no storage space to the PROVIDER, unless otherwise mutually agreed upon in a separate written agreement. 2.4 Any supplies or equipment left at the facility will be the responsibility of the PROVIDER. The CITY will not be responsible for any iost,stolen, or broken equipment orsupplies. 2.5 The PROVIDER shall inspect the premises and equipment offered to him/her for his/her proposed activity, a n d if he or she finds anything wrong with the premises or equipment before each program commences that cannot be corrected immediately by the DEPARTMENT, the program shall be cancelled and the matter reported to the DEPARTMENT for correction. If the PROVIDER elects to hold his/her programs in the facility provided, it will be presumed that the PROVIDER hasinspected the premises and facilities and equipment provided forsuch programs and has accepted same as being safe and suitable forthe use intended. ARTI C LE 3.0 3.1 ACTIVE: Program sizesshall meetthe minimum numbers of participants for each program as designated in Exhibit "A." ARTI C LE 4.0 Compensation ang Method of Payment 4.1 In consideration of the City authorizing the PROVIDER to furnish the services described herein and to keep a portion ofthe revenues obtained from furnishing such services(as provided herein), the PROVIDER agrees to furnish the services pursuant to the terms of this Agreement, including but not limited to the releases and indemnities contained herein. Further, the CITY shall be entitled to a commission consisting of 15% of the registration fees paid by all program participants to the PROVIDER. in consideration for providing the services described herein, the PROVIDERshall be entitled to 85% ofsuch fees paid, exclusive ofthe 50% non-residentsurcharge described in Section 1.4. The 50% non-resident surcharge is fully payable to the CITY and shall not be included in PROVIDER's gross income calculation. PROVIDER shall be entitled to retain all non -registration fees paid by participantsto PROVIDER, i.e. PROVIDER membership fees and costs for uniforms and pictures to participants. 4.2 The PROVIDER agrees to provide the CITY with schedules of fees to be charged to participants in conformance with Exhibit "A" and to collect all fees from participants. The PROVIDER will submit a completed registration report, in the format designated by the CITY, to the CITY within two weeks of the close of registration for each program. The CITY will check for residency verification and then send the PROVIDER an invoice, including supporting documentation, forthe total amount due to the CITY. Each payment by PROVIDER to City will include the registration commission and all non-residentsurcharge fees. Paymentswill be made to the CITY within fifteen (15) business days of PROVIDER's receipt of each invoice. 4.3 Itisthe responsibility of the PROVIDERto pay all applicable local,state, and federaltaxes associated with this Agreement, and to acquire and pay for all necessary permits, licenses, and insurance required forthe execution of this Agreement. 2 ARTICLE 0 i ( inmmu 5.1 This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the PROVIDER is an independent contractor underthis Agreement and not a CITY employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The PROVIDER shall retain sole and absolute discretion in the judgment of the manner and means of carrying out PROVIDER°s activities and responsibilities hereunder. The PROVIDER agrees that it is a separate and independent enterprise from the CITY, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the PROVIDER and the CITY and the CITY will not be liable for any obligation incurred by PROVIDER, including but not limited to unpaid minimum wages or overtime premiums. 5.2 PROVIDER warrants that it has not employed orretained any company or person, other than a bona fide employee working solelyforthe PROVIDER to solicit orsecure this Agreement, and thatit has not paid or agreed to pay any person, company, corporation, individual orfirm anyfee, commission, percentage, gift, or other consideration contingent upon orresulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without lia bility at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 6.1 Cityshall not have any insurance obligations related tothis Agreement, and PROVIDERshall not provide any service until all insurance required underthis paragraph has been obtained and approved bythe CITY. 6.2 Certificates of Insurance. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the CITY prior to the commencement of this Agreement. The Certificates of Insurance and endorsements for each policy are to be issued 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. Further, the PROVIDER shall provide complete certified copies of current insurance policy(ies) and/or a certified letterfrom insurance company(ies) if requested by the City. These Certificates of Insurance provided shall contain a provision that coverages afforded underthese policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Georgia. Financial Ratings must be not lessthan "A -Vi" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. 6.3 Insurance shall be in force untilthe obligations required to be fulfilled underthe terms of the Agreement are satisfied. In the eventthe insurance certificate provided indicated thatthe insurance shallterminate and lapse during the period of this Agreement,then in that event,the PROVIDER shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the 5 balance of the period of the Agreement and extension thereunder is in effect. The PROVIDER shall not provide any service pursuant to this Agreement unless all required insurance remains in fullforce and effect. 6.4 Commercial General Liability insurance must be maintained for comprehensive coverage including for bodily injury and personal injury, sickness, disease and death, and property damage. Exposures to be covered are: premises, operations, prod ucts/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits ofliability: 31,000,000 Combined Single Limit—each occurrence 32,000,000 Combined Single Limit—general aggregate 31,000,000 Personal Injury $1,000,000 Products/Completed Operations Aggregate PROVIDER shall have its insurer name the City of MILTON as an additional insured on its General Liability policy. PROVIDER shall also have its insurer name the FULTON COUNTY BOARD OF EDUCATION as an additional insured on its General Liability policy. 6.5 Worker's Compensatio.n insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any workis sublet, the PROVIDER shall require the subcontractor(s) similarly provide Workers Compensation Insurance for all the latter's employees unless and untilsuch employees are covered bythe protection afforded bythe PROVIDER. The PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: A. Workers Compensation Statutory B. Employer's Liability 3100,000 each accident 3 500,000 Dise ase -p olicy limit 3100,000 Disease -each employee If PROVIDER or its subcontractor claims to be exempt from this requirement, PROVIDER shall provide CITY proof of such exemption; provided that CITY may reject such claim, and CITY's acceptance of such claim shall not affect this obligation should claim of exemption be determined inaccurate orfalse. 6.6 PROVIDER shall also maintain Directors and Officers insurance with limits of at least $500,000.00, in a p olicy se p arate from the Commercial General Liability insurance policy. Areas of coverage must include allegations of: wrongful termination, failure to hire or promote; discrimination, including sexual harassment; failure to accommodate disabilities; and claims alleging mental anguish and emotional distress. Claims -made coverage must cover the preceding six years or the length of time the Association has been operating in the City, whichever is less. The policy must include the City as an additional insured.. 6.7 PROVIDER shall include all subcontractors as insureds under its policies or shall ensure each subcontractor complies with the insurance requirements provided herein, including but not limited to naming the CITY as an additional insured. ARTICLE 7.0 Terra and Termination 7.1 After a two (2) month trial period, the programs will be evaluated by the DEPARTMENT, and the remainder of this Agreement will either be terminated or continue in full force and effect. If at any time afterthe two (2) month evaluation, program enrollment should fall below the required minimum, the PROVIDER will be allotted four (4) weeks to bring enrollment up to the required minimum. The programs will be reevaluated at the close of this four (4) week period, at which time the CITY may terminate this Agreement if the requirements herein have not been met orthe CITY is otherwise unsatisfied with the program in itssole discretion. 7.2 The term of this Agreement shall commence upon the date of execution hereof and shall remain in effect until December 31, 2017, unless terminated sooner as provided in this Article. Renewal of this Agreement beyond said term shallrequire the mutual written agreement of the CITY and PROVIDER. 7.3 PROVIDER's violation of any term set forth in this Agreement may result in termination of this Agreement by written notice. This Agreement may also be terminated by the CITY for convenience and at the sole and exclusive discretion of the CITY upon giving of at least thirty (30) days prior written notice of termination to the PROVIDER atthe PROVIDER's addresssetforth herein. This Agreement may be terminated by the City immediately by written notice to PROVIDER upon any willful, reckless, or grossly negligent act or omission by PROVIDER or any of its officers, agents, employees, or volunteers. 7.4 This Agreement may be terminated by PROVIDER upon giving at least thirty (30) days written notice of termination to the CITY. 7.5 PROVIDER must notify the DEPARTMENT in writing of any program cancellations at least ten (10) business days priorto the scheduled cancellation. 7.6 CITY reserves the right to cancel or reschedule any of the PROVIDER's programs in the case of scheduling conflicts or other emergencies, as determined by the DEPARTMENT. 7.7 Upon termination or expiration of this Agreement, PROVIDER shall provide payment to the CITY of any commission orsurcharge due up to the termination date. 7.8 The rights and remedies of the CITY and PROVIDER provided under this Article 7 are in addition to any otherrights and remedies provided underthis Agreement or atlaw orin equity. ARTI C LE 8.0 Indemnification 8.1 PROVIDER covenants and agrees to take and assume all responsibility for the services provided in connection with this Agreement. PROVIDER shall defend, indemnify and hold harmless the CITY and the FULTON COUNTY BOARD OF EDUCATION, and the CITY and FULTON COUNTY BOARD OF EDUCATION's trustees, elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers (individually an "Indemnified Party" and collectivelythe "Indemnified Parties")from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but notlimited to attorney'sfees, paralegalfees, and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent or tortious conduct arising out of the performance of services described herein, or operations rA by the PROVIDER, any subcontractor, anyone directly orindirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER or subcontractor may be liable, regardless of whether or not the act or omission 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 otherright 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 PROVIDER, its subcontractor, anyone directly or indirectly employed bythe PROVIDER orsubcontractor or anyone for whose actsthe PROVIDER orsubcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount ortype of damages, compensation or benefits payable by or for the PROVIDER or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 8.2 The Parties understand and agree thatthe covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the PROVIDER's responsibility to indemnify. ARTICLE 9.0 atul 9.1 PROVIDERshall not discriminate against any person in its operation and activitiesin its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions ofthe Americans With Disabilities Act ("ADA"), in the programs while providing any services funded in whole or in part by the CITY, including Titlesl and Ii of the ADA and all applicable regulations, guidelines, and standards. 9.2 PROVIDER's decisions regarding the delivery of services under this Agreement shall be made withoutregardto orconsideration ofrace, age, religion, color, g end er, sexual orientation, national origin, maritalstatus, physical or mental disability, political affiliation, or any otherfactor which cannot be lawfully or appropriately used as a basis far delivery of service. 10.1 No modification, amendment, or alteration of the terms and conditions contained shall be effective unless contained in a written document executed by each party with the same formality and equal dignity herewith. 10.2 This Agreementis nottransferable or assignable, and PROVIDER agrees sotto delegate, transfer or assign the performance of any services called for in the Agreement without prior express written consentfrom the CITY. Asto any approved subcontractors, the PROVIDERshall be solely responsible forreimbursing them, and the CITYshall have no obligation to them. 10.3 This Agreement sets forth the full and complete understanding of the Parties as of the effective date, and supersedes any and all negotiations, agreements, and representations m a d e or d ate d prior to this Agre e m e nt. 10.4 The PRO VIDER sh all pay reasonable attorn ey's f e es to the C ity sh o uid the City be required to incur attorney's fees in enforcing th e provisions of this Agreement. 10.5 Time is of the essence of this Agreement. 10.6 The individual executing this Agreement on behalf of PROVIDER agrees and represents that he is authorized to execute this Agreement on behalf of the respective entity and has obtained allnecessary approvalsto execute and bind PROVIDERtothe terms ofthis Agreement. Accordingly, the City and PROVIDER both waive and release any right to contest the enforceability ofthis Agreement based upon the execution and/or approval thereof. 10.7 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 PROVIDER 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, PROVIDER agreesto comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated underthis Agreement. 10.8 Books, records, documents, account ledgers, data bases, and similar materials relating to the services performed under this Agreement ("Records") shall be established and maintained by PROVIDER in accordance with requirements prescribed by the CITY and applicable law. Upon request,thePROVIDERshallfurnish tothe CITY any and allRecordsrelated to matters covered by this Agreement in the form requested by the CITY. The PROVIDER will permit the CITY or CITY's representative(s) 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. 10.9 All communications relating to the day -to -da actl4ies of the program shall be exchanged between TOM MCKLVEENforthe CITY and forthe PROVIDER. All other notices, requests, demands, writings, or correspontlen e, 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 carrierto the Party atthe address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICETO THE CITYshall be sent to: Jim Cregge Parks and Recreation Director, City of Milton 13000 Deerfield Parkway, Suite 107A Milton, GA 30004 NOTICE TO THE PROVIDER shall be se nt to: d 10.10 No failure by the CITYto enforce any right or power granted underthis Agreement, arta insist upon strict compliance by PROVIDER with this Agreement, and no custom or practice of the CITY at variance with the terms and conditions of this Agreementshall constitute a general waiver of any future breach or default or affect the CITY's right to demand exact and strict compliance by PROVIDER with the terms and conditions of this Agreement. Further, no express waivershall affect any term or condition otherthan the one specified in such waiver, and that one only for the time and manner specifically stated. 10.11 Pursuant to O.C.G.A. § 13-10-91, the CITY shall not enter into a contract for the physical performance of services unless the PROVIDER shall provide evidence on CITY -provided forms, attached hereto as Exhibits "C" and "D" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuantto O.C.G.A. § 16-10-71), that it and PROVIDER's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent re placement program,in accordance withthe applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period. The PROVIDER hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit,the form of which is provided in Exhibit "C", and submitted such affidavitto CITY. Further, PROVIDER 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 PROVIDER employs or contracts with any subcontractor(s) in connection with the covered contract,the PROVIDER agreesto secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "D", which subcontractor affidavitshall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit. If a subcontractor affidavit is obtained, PROVIDER agrees to provide a completed copy to the CITY within five (5) business days of receipt from any subcontractor. PROVIDER agreesthat the employee -number category designated below is applicable to the PROVIDER. - 500 or m ore e m ploye es. - 100 or m ore e m ploye es. Fewerthan 100 employees. PROVIDER hereby agrees that, in the event PROVIDER 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 PROVIDER will secure from the 10 subcontractor(s) such subcontractor(s') indication of the above employee -number category thatis applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federallaw, and shall be construed to be in conformity with those laws. 10.12 PROVIDER represents that it hasreviewed 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. In the event of a conflict as to the duties and responsibilities of the Parties under this Agreement, this Agreement shall govern over any Exhibit, and the Exhibits shall govern in the order attached hereto. 10.13 Subjecttothe provision of this Agreementreg arding assignment, this Agre�e>tnentshall be binding on the heirs, executors, a d ministrators, succ essors and assigns of the respective Parties, provided that no Party may assign this Agreement without priorwritten, approval of the other P a rty. 10.14 This Agreementshall be governed by and construed in accordance with tfie laws of the State of Georgia. If any action atlaw Orin equityis broughtto enforce orinterpretthe 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 PROVIDER submits to the jurisdiction and venue ofsuch court. 10.15 Should any article(s) orsection(s) of this Agreement, or any partthereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreementshould be severed, and the remainder of this Agreementshall 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 . 10.16 Neitherthe CITY nor PROVIDER shall be liable for its respective non -negligent ornon-willful failure to perform orshall 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 Agreement or for any delayin such performance due to: (a) any cause beyond itsrespective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of PROVIDER; (f) delay orfailure to act by any governmental or military authority; or(g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused bysuch acts, and all other obligations shall remain intact. 11 IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above. ATTEST: SUDIE GORDON, CITY CLERK ATTEST: Print: m aF'lk Its: (Assistant) C Qf e (required if orBoraS Gt:O10 - November 11, 2019 r 1'UgL�G CITY: BY: JOE LOCKWOOD,MAYOR PROVIDER: Print Its: (circle one) President/Vice President (Corporation) - General Partner (Partnership/Limited Partnership) - Member/Manager(LLC) [C 0RP0RATE SEAL] (required if corporation 12 EXHIBIT "C" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verities 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 hasregistered with, is authorized to use and usesthe federal work authorization program commonly known asE-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 affidavitto the contractor with the Information required by 0. C. G. A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Contractor Name of Project Name of Public Employer 15 I hereby declare under penalty of perjurythatthe foregoing istrue and correct. Executed oni�21 201 7 in III fto (city), te). Signat re of Authorized Officer or Agent V� WC id, C - Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND 1-�_DAY OF - 0 N THIS THE My Commission Expires: ` of W Ix ✓ )) ) 9 EXHIBIT T99 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 on behalf ofthe City of Milton hasregistered with,is authorized to use and usesthe 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 throughoutthe contract period, and the undersigned subcontractor will contractfor the physical performance ofservicesin satisfaction ofsuch contract only with sub -subcontractors who present an affidavitto the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor wig forward notice of the receipt of an afFidavitfrom a sub -sub contra ctorto 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 Contractor Name of Project Name of Public Employer 16 I hereby declare under penalty of perjurythatthe foregoing istrue and correct. Executed on 2011 In 6 W(In (city), (state). Signture of Authorized Officer or Agent c4 - 'en Et 1dd'c/C Printed Name and Title of Authorized Officer or Agent SUBSCRIBEDD SWORN BE ORE ME ONTHISTHEDAY OF [A ,2014. N OTARY Nla [ia O 0 iRY�, /�11 � n❑ber lFoRGIA J. 11, 2019 �UBl.1G�''�. My Commission Expires: f�)ambf-( 11,1 10/ EXHIBIT "A" -Bethwell Community Center Find Your Strong Boot Camp Tuesday 8:30 a.m. - 9:30 a.m. February 21 -March 28 6 -week program $119.00/person Yoga Monday 8:30 a.m. - 9:30 a.m. February 20 -March 28 6 -week program $119.00/person -Bell Memorial Park *Core Outdoor Tuesday 8:00 a.m. - 9:00 a.m. April 11 -May 16 6 -week program $109.00/person -Bell Memorial Park *Youth Speed and Agility Camp Tuesday 8:00 a.m. - 9:00 a.m. June 6 -June 27 4 -week program $99.00 Core Physique Contact Information Kolleen Riddick --Owner Cell (804) 405-9445 Email Kolleenriddick@comcast.net Emmy Powell --Marketing Cell (770)377-9136 Email emmy.PoweIIPR@gmail.com We need a minimum of 8 people to run this program AC40M0r CERTIFICATE OF LIABILITY INSURANCE �--�' DATE(MMlDD/YYYY) 2/2/2017 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER The Insurance Store 1634 White Circle, Suite 103 NAME: Jackie Eaton PHONE (770)422-4511 FAX A/ No Ext): A/C No): (770) 423-1417 E-MAIL ADDRESS: g eaton@tis a.com INSURERS AFFORDING COVERAGE NAIC # Marietta GA 30066 INSURERA:Markel Insurance Co. 38970 INSURED INSURERB:Hartford Underwriters Ins. Co. 30104 Core Physique, LLC, DBA: c/o Kolleen Riddick INSURER C 6225 Atlanta Highway INSURER D: Suite 111 INSURER E: Alpharetta GA 30004 INSURER F: COVERAGES CERTIFICATE NUMBER:16/17 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I TYPE OF INSURANCE ADDL imsg SUBR wyn POLICY NUMBER POLICY EFF M DD YYY POLICY EXP M DD/YY Y LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100, 000 PREMISES Ea occurrence $ MED EXP (Any one person) $ 5,000 X HCP20034355-00 7/19/2016 7/19/2017 _ PERSONAL &ADV INJURY $ 1,000,000 GEML AGGREGATE LIMIT APPLIES PER: X POLICY F PRO JECT E LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS • COMP/OP AGG $ Included ABUSE & MOLESTATION $ 100,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DOMED RETENTION $ B WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICER/MEMBER EXCLUDED? ❑Y (Mandatory in NH) If yes, describe under N / A 20WECAJ8502 1/15/2017 1/15/2018 OTH- X STATUTE ER EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYE $ 100 000 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Milton 13000 Deerfield Pkwy. Milton, GA 30004 ACORD 25 (2014/01) INS025 (201401) 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 C Dennis Collis/JACKI U 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD HOME OF'THE BEST QUALITY OF LIFE IN EORGIA' LTO�-NV ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council FROM: Steven Krokoff DATE: February 16, 2017 City Manager 0 AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Tunnell, Spangler & Associates, Inc. for the Development of the Unified Development Code. MEETING DATE: Wednesday, February 22, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,/APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: RO) ES () NO CITY ATTORNEY REVIEW REQUIRED: OYES () NO APPROVAL BY CITY ATTORNEY: (.y,'APPROVED (/ NOT APPROVED PLACED ON AGENDA FOR: 00142b"' REMARKS: ©� Youm PHONE: 678.242.25001 FAX: 678.242.2499 inlo®oityolmillonga.ualwww.c g ��reen�+ MyoFmiHon a.us wnou a ommuni 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 � "!ty Page 1 of 1 To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: February 16, 2017 prepared for the February 22, 2017 City Council Meeting. Re: Approval of a Professional Services Agreement between the City of Milton and Tunnell, Spangler & Associates, Inc. for the Development of the Unified Development Code. Department Recommendation: Approval. Executive Summary: The Community Development staff sent out a request for qualifications (RFQ) for professional services to prepare a Unified Development Code for the City. After reviewing the responses and references, Tunnell, Spangler & Associates, was chosen as the best fit for the project. Funding and Fiscal Impact: $195,000, which has been budgeted in the FY 2017/18 budget. Alternatives: None. Legal Review: Jarrard & Davis, LLP (February 2017) Concurrent Review: Steve Krokoff, City Manager H©haE t�E I IJ ON *t ISTABLI�HED ?{hob PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 20__ (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (hereinafter referred to as the "City"), and Tunnell, Spangler & Associates, Inc., a Georgia domestic profit corporation, having its primary business located at 1389 Peachtree St, NE, Ste 200, Atlanta GA 30309, (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Consultant to provide certain services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: M Exhibit "A" — City Solicitation Documents Exhibit "B.1" — Consultant Response/Proposal (Work Plan & Cost Proposal) Exhibit "B.2" — Consultant Response/Proposal (Qualifications) Exhibit "C" — Scope of Work Exhibit "D" — Contractor Affidavit Exhibit "E" — Subcontractor Affidavit Exhibit "F" — Key Personnel B. Proiect Description. The "Project" at issue in this Agreement is generally described as: Preparation of a Unified Development Code as referenced in RFQ 17-CDO 1. C. The Work. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit "C", attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit "C", the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. D. Schedule, Completion Date, and Term of Agreement. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, and in accordance with the projected schedule set forth in Exhibit "B.1" (appropriately adjusted to reflect the Effective Date). The term of this Agreement ("Term") shall commence as of the Effective Date, and the Work shall be completed, and the Agreement shall terminate, on or before June 1, 2018 (provided that certain obligations will survive termination/expiration of this Agreement). 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 City at the end of its fiscal year, September 30, each calendar year of the Term, and further, that this Agreement shall automatically renew the next day on October 1 absent City's provision of written notice of non -renewal to Consultant at least five (5) days prior to October 1. Title to any supplies, materials, equipment, or other personal property shall remain in Consultant until fully paid for by City. II. WORK CHANGES A. Change Order Defined. A "Change Order" means a written modification of the Agreement, signed by representatives of City and Consultant with appropriate authorization. B. Right to Order Changes. 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 and executed by Consultant and 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 2 U performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by City in its sole discretion, City shall have the right to determine reasonable terms, and Consultant shall proceed with the changed work. B. Change Order Requirement. 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 City and Consultant. C. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Mayor or 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 Maximum Contract Price, as set forth in Section III (B) below. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor and City Council. Amendments shall not result in a variance in price exceeding ten percent of the original contract amount. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City's receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Any material deviations in tests or inspections performed, or 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 City before charges are incurred and shall be handled through Change Orders as described in Section II above. City shall pay Consultant within thirty (30) days after approval of the invoice by City staff. B. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $ 195,000.00 (the "Maximum Contract Price"), except as outlined in Section II(C) above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for Work performed shall be based upon hours worked at the hourly fee scheduled enclosed in Exhibit "BA", as well as Consultant's direct expenses such as printing, travel, mailing. Consultant shall not mark up its costs or pass-through subcontractor bills. IV. COVENANTS OF CONSULTANT A. Expertise of Consultant; Licenses, Certification and Permits. Consultant accepts the relationship of trust and confidence established between it and City, recognizing that 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 Work in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting the applicable standard of care or quality will be provided by Consultant at no additional cost to City. This provision shall survive termination of this Agreement. B. Budeetary Limitations. Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Consultant's profession and industry. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's profession and industry, Consultant will give written notice immediately to City. C. City's Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant's Work performed under this Agreement. Consultant acknowledges and agrees that the acceptance of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant's performance. Consultant further agrees that no approval of designs, plans, specifications or other work product by any person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. D. Consultant's Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Consultant's Representative. Caleb Racicot shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth 11 M elsewhere in this Agreement. F. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of City. As to any approved subcontractors, Consultant shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This indemnity 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 Consultant, its subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts Consultant or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or 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. H. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Nothing in this Agreement shall be construed to make Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of consultants, agents or employees to complete the Work; and the payment of employees, including 5 0 benefits and compliance with Social Security, withholding and all other regulations governing such matters. Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perform the Work related to this Agreement. Inasmuch as City and Consultant are independent of each other, 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. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. 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. I. Insurance. (1) Requirements: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by Consultant, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence and $2,000,000 (two million dollars) 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) Commercial Automobile Liability (owned, non -owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. I M (c) Professional Liability of at least $1,000,000 (one million dollars) limit for claims arising out of professional services and caused by Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Consultant is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Consultant must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further, Consultant shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $ _"N/A"_ per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Consultant; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and (if applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, leased, or used by Consultant; automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to 7 0 require the Consultant to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Consultant'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 in excess of Consultant's insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. 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) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (b) Workers' Compensation Coverage. The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (c) All Coverages. (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to City. City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent E' starting and ending dates. (iii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Consultant under the terms of this Agreement, including but not limited to Section IV(G) of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Consultant must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance policies shall be placed with insurer(s) with an A.M. Best Policyholder's rate of no less than "A-" and with a financial rating of Class VII or greater. The Consultant shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Consultant shall furnish to City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Consultant is specifically required to provide an endorsement naming City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Consultant's insurer in its normal course of business and 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. City reserves the right to require complete, certified copies of all required insurance policies at any time. Consultant shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Consultant shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) City as Additional Insured and Loss Payee: City shall be named as an additional insured and loss payee on all policies required by this Agreement, 0 RPM except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers' Compensation policy. (10) Progress, Payments: The making of progress payments to Consultant shall not be construed as relieving Consultant or its subcontractors or insurance carriers from providing the coverage required in this Agreement. J. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant 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 Consultant's subcontractors have registered with, are authorized to use and use 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, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant 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 City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Where Consultant 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 Consultant's and 10 WN Consultant's subcontractors' verification process at any time to determine that the verification was correct and complete. Consultant and Consultant'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 Consultant 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 Consultant or Consultant's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Consultant and Consultant's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Consultant or Consultant's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Consultant's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Consultant shall be liable for all damages and delays occasioned by City thereby. Consultant agrees that the employee -number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [DESIGNATE/MARK APPROPRIATE CATEGORY] 500 or more employees. 100 or more employees. XFewer than 100 employees. Consultant hereby agrees that, in the event Consultant 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, Consultant 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. K. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement ("Records") shall be established and maintained by Consultant in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Consultant by City under this Agreement. Furthermore, Records that are the subject of audit 11 0 findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement 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, Consultant shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City's computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Consultant shall make available to City or City's representative(s) for examination all Records. Consultant will permit City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records. Consultant shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City's office. Further, Consultant shall permit City or City's representative(s) to observe and inspect any or all of Consultant's facilities and activities during normal hours of business for the purpose of evaluating Consultant's compliance with the terms of this Agreement. In such instances, City or City's representative(s) shall not interfere with or disrupt such activities. L. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest exists, City may require that Consultant take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Consultant when such services were performed while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content 12 of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, detennination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Consultant or higher tier sub - consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. M. Confidentiality. Consultant acknowledges that it may receive confidential information of 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. Consultant agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Consultant creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of City. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Consultant acknowledges that City's disclosure of documentation is governed by Georgia's Open Records Act, and Consultant further acknowledges that if Consultant submits records containing trade secret information, and if Consultant wishes to keep such records confidential, Consultant must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. N. Key Personnel. All of the individuals identified in Exhibit "F", attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Consultant's Project Manager or members of the Project team, as listed in Exhibit "F", without written approval of City. Consultant recognizes that the composition of this team was instrumental in City's decision to award the Work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for 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 paragraph shall constitute a material breach of Consultant's obligations under this Agreement and shall be grounds for termination. O. Meetinsis. Consultant is required to meet with City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to City. Meetings will occur as problems arise and will be coordinated by City. City shall inform Consultant's Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face-to-face meetings are desired. However, at Consultant'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 failure to make a good faith effort to resolve problems, may result in termination of this Agreement for cause. 13 MIZ P. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. Q. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant ("Materials") shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed before final delivery to City, Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, 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, 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 paragraph in every subcontract for services contemplated under this Agreement. V. COVENANTS OF CITY A. Right of Entry. City shall provide for right of entry for Consultant and all necessary equipment as required for Consultant to complete the Work; provided that Consultant shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. Kathleen Field shall be authorized to act on City's behalf with respect to the Work as City's designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section II above. VI. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. 14 a B. For Cause. Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay Consultant within thirty (30) calendar days of Consultant providing City with notice of a delinquent payment and an opportunity to cure. In the event of Consultant's breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Consultant at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Consultant fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Consultant for the costs of curing the default against any sums due or which become due to Consultant under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of City. D. Payment Upon Termination. Upon termination, City shall provide for payment to Consultant for services rendered and, where authorized, expenses incurred prior to the termination date; provided that, where this Agreement is terminated for cause, City may deduct from such payment any portion of the cost for City to complete (or hire someone to complete) the Work, as determined at the time of termination, not otherwise covered by the remaining unpaid Maximum Contract Price. E. Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section VI(A) above. F. Requirements Upon Termination. Upon termination, Consultant shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by Consultant in performing this Agreement, whether completed or in process, in the form specified by City. G. Reservation of Rights and Remedies. The rights and remedies of City and Consultant provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VII. MISCELLANEOUS A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in 15 0 this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written Change Order (as provided in Section II above) or other document signed by representatives of both Parties with appropriate authorization. B. 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. C. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. 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, or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. D. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of this Agreement, 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 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 that may for any reason be hereafter declared in valid. E. Business License. Prior to commencement of the Work to be provided hereunder, Consultant shall apply to City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Consultant provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day -to -Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between City's Representative (named above) for City and Consultant's Representative (named above) for Consultant. (2) Official Notices. All other notices, requests, demands, 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, or at a substitute address previously furnished to the other Party by written notice in accordance herewith. 16 NOTICE TO CITY shall be sent to: City Manager City of Milton, Georgia 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONSULTANT shall be sent to: Caleb Racicot Tunnell, Spangler & Associates, Inc. 1389 Peachtree St NE, Ste 200 Atlanta GA 30309 G. Waiver of Agreement. No failure by City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City's right to demand exact and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no express waiver shall affect any Term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. I. No Third Party Riszhts. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Consultant or any successor in interest in the event of any default or breach by City or for any amount which may become due to Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers, or directors to any personal contractual liability, except where Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed 17 M and/or asserted only against Consultant or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. L. Counterparts; Agreement Construction and Interpretation. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. 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. In the interest of brevity, the Agreement may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. M. Force Majeure. Neither City nor Consultant 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 Agreement or for any delay in such performance due to: (i) any cause beyond its 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 CONSULTANT; (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. N. Material Condition. Each term of this Agreement is material, and Consultant's breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to City at law or in equity. IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] V. Attest/Witness: Signat Print I` Title: CONSULT unn 11 pangler & Associates, Inc. Signature: Print Nam tutArt Tt,N wsii- Tit : Presiden ice President (Corporation) [CORPORATE SEAL] (required if corporation) Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney ion) CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor 19 [CITY SEAL] EXHIBIT "A" 0 HOME OF 4,:..tj?� CITY OF MELTON ,M. I 11_�'T ON . , REQUEST FOR QUALIFICATIONS ESTABLISHED 2M, (THIS IS NOT AN ORDER) Bid Number: Project Name: RFQ 17-CDO1 Preparation of a Unified Development Code UDC Due Date and Time: January 13, 2017 Local Time: 2:00pm Number of Pages: 58 ISSUING DEPARTMENT INFORMATION Issue Date: December 15, 2016 City of Milton Community Development Department Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107-F Fax: 678-242-2499 Milton, Ga. 30004 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Bidder Phone Number: Bid Number: RFQ 17-CDO1 City of Milton Name of Firm Attn: Honor Motes, Procurement Office Special Instructions: 13000 Deerfield Pkwy Deadline for Written Questions Suite 107-F January 4, 2017 at 5:00 pm Milton, Ga. 30004 Email questions to Honor Motes at honor. motes@cit ofmilton a.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signatory: (Please print name and sign in ink) Bidder Phone Number: Bidder FAX Number: Bidder Federal I.D. Number: Bidder E-mail Address: BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE 21 HOME OF 'THE: ?,E"-'-! ESTABL[S1IED 2006 TABLE OF CONTENTS Consultant's RFQ Checklist............................................................................. DisclosureForm............................................................................. Scheduleof Events........................................................................................... Section 1: Project Overview and Instructions ............................................. Section 2: RFQ Standard Information........................................................... Section3: Scope of Project............................................................................ Section 4: Consultant Qualifications............................................................ Section 5: Evaluation Criteria........................................................................ Section 6: Standard Contract Information .................................................. 3I CONSULTANT'S RFQ CHECKLIST The Most Critical Things to Keep in Mind When Responding to an RFQ for the City of Milton 1. Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2. Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3. Attend the pre -proposal conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4. Take advantage of the "question and answer" period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal "addenda" issued for the RFQ. 5. Follow the format required in the RFQ 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 RFQ 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. 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. 4 HOME OF "H" LIFP P,1 ,M I I LT D 0 N111 ESTABLISHED 2006 CITY OF MILTON DISCLOSURE FORM (MUST BE RETURNED WITH STATEMENT OF QUALIFICATIONS) 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 RFQ 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: 5 SCHEDULE OF EVENTS EVENT DATE RFQ Issue Date ........................................................ Dec 15, 2016 Deadline for Receipt of Written Questions ................... Jan 4, 2017 Written Answers by City ............................................. Jan 9, 2017 RFQ Response Due Date (2:OOpm local time) ................ Jan 13, 2017 Interview Firms (if necessary) ............................ week of Jan 30, 2017 Award Contract ............................................... week of Feb 6, 2017 NOTE: PLEASE CHECK THE CITY WEBSITE (HTTP://www.cityofmiltonga.us) or the DOAS WEBSITE(hffp://ssi.doas.state.ga.us/PRSapl2/PR index.isp) FOR ADDENDA AND SCHEDULE UPDATES. 6 .. SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 STATEMENT OF INTENT The City of Milton (hereinafter referred to as "the City") invites you to submit a statement of Qualifications to create a Unified Development Code (UDC). A more complete description of the services sought for this project is provided in Section 3, Scope of Project. Proposals submitted in response to this solicitation must comply with the instructions and procedures contained herein. 1.1 SINGLE POINT OF CONTACT From the date this Request for a Statement of Qualifications (RFQ) is issued until a proposer is selected and the selection is announced by the procurement office, proposers 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 will disqualify the proposer from further consideration. Contact information for the single point of contact is as follows: Procurement Officer: Honor Motes Address: 13000 Deerfield Parkway, Ste 107F, Milton, GA 30004 Telephone Number: 678-242-2507 Fax Number: 678-242-2499 E-mail Address: honor.motes@cityofmiltonga.us 1.2 REQUIRED REVIEW 1.2.1 Review RFQ. Proposers 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 RFQ. 1.2.2 Form of Questions. Proposers with questions, or requiring clarification or interpretation of any section within this RFQ, must address these questions in writing via e-mail to the procurement officer (honor.motes @cityofmilton a. us) referenced above on or before January 4, 2017 at 5:00 p.m. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. 1.2.3 City's Answers. The City will provide an official written answer to all questions on or about January 9, 2017. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFQ will not be binding upon the City. Any formal written addendum will be will be posted alongside the RFQ at http://www.cityofmiltonga.us and 7� http://ssl.doas.state.ga.us/PRSapp/PR index.i p. Proposers must sign and return any addendum with their RFQ response 1.2.4 Standard Contract. By submitting a response to this RFQ, proposer agrees to acceptance of the City's standard contract (Section 6). Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e- mailed questions or with the proposer's RFQ response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the proposer's ability to respond to the RFQ or perform the contract. The City reserves the right to address non -material, minor, insubstantial requests for exceptions with the highest scoring proposer during contract negotiation. Any material, 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 RFQ and will apply to all proposers submitting a response to this RFQ. 1.2.5 Mandatory Requirements. To be eligible for consideration, a proposer must meet the intent of all mandatory requirements. The City will determine whether a proposer's RFQ response complies with the intent of the requirements. RFQ responses that do not meet the full intent of all requirements listed in this RFQ may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 PRE -PROPOSAL CONFERENCE — None STATE OF _ COUNTY OF HOME OF : i } t _V1 0 -t ESTE BLIS}IED 2006 CONTRACTOR AFFIDAVIT AND AGREEMENT (MUST BE RETURNED WITH QUALIFICATIONS) 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: Federal Work Authorization User Identification Number Date of Authorization Name of Contractor Public Works and Parks Maintenance Services Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _, 20_ 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 20_. Notary Public [NOTARY SEAL] My Commission Expires: 8(`' 1.4 SUBMITTING QUALIFICATIONS Consultants must organize their qualifications into sections that follow the following format. For the purposes of the RFQ, the term "company" shall refer to the prime respondent of this RFQ, or in other words, the company with whom the City will contract. The term "consultant" shall refer to any and all consultants with whom the prime respondent will be including on the project team. The SOQ shall clearly delineate any experience, background, etc. between the prime "company" and "consultants". 1.4.1 Submittal Requirements. Qualifications shall include the following: 1. City of Milton Request for Qualifications cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. Qualifications shall be: a. Maximum of ten (10) single sided pages (five pages if double -sided) b. Minimum of 11 point font c. Stapled or spiral -bound. No binders 4. And shall contain the following minimum information: a. Cover letter- introductory remarks and qualification summary -no longer than one page. b. Project Staffing i. Company profile listing: name, address, year established, type of ownership, size of company and staff, and an organization chart. If company has multiple offices, please list where the work for this project will be performed. ii. Information about the overall makeup of the project team, including: the identity of ail key personnel, a description of their respective responsibilities and duties, and each team members experience with similar projects. Identify any previous projects on which members of the proposed team have worked together. iii. Should the firm be selected to participate in an interview, the Company's designated project manager must be present to present the firm's qualifications and take the lead in answering questions. iv. Information about any consultants to be included on the team. identify consultant company name, address, telephone number, contact person, names and job 9 . descriptions of key personnel. Identify consultants experience with municipal government projects. c. Qualifications of the Team i. Summary of at least three (3) similar engagements or projects for which the Company was responsible within the past five (5) years. d. Project Delivery i. Current company workload and ability to perform work for this project. e. Miscellaneous i. Listing of any pending or settled lawsuits or professional liability claims in which any member of the design team was involved during the past ten (10) years. ii. Additional information the respondent believes to be relevant to the selection efforts of the City. 1.4.2 Failure to Comply with Instructions. Consultants 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 qualifications that do not follow this RFQ format, are difficult to understand, are difficult to read, or are missing any requested information. 1.4.3 Copies Required and Deadline for Receipt of Qualifications. One original and five (5) copies of each submittal (plus a CD) should be provided to the City. Qualifications must be received at the receptionist's desk in Suite 107F prior to 2:00 PM, local time. 1.4.4 Emailed responses to Requests for Qualifications are not acceptable. Qualifications will be presented at approximately 2:05 pm and names of consultants will be announced. 1.4.5 Late Qualifications. Regardless of cause, late Qualifications will not be accepted and will automatically be disqualified from further consideration. It shall be the consultant's sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late Qualifications will not be opened and may be returned to the consultant at the expense of the consultant or destroyed if requested. 10 It ti 1.5 PROPOSER'S CERTIFICATION 1.5.1 Understanding of Specifications and Requirements. By submitting a response to this RFQ, proposer agrees to an understanding of and compliance with the specifications and requirements described in this RFQ. 1.5.2 Offer in Effect for 120 Days. By submitting a proposal, proposer agrees that the proposal may not be modified, withdrawn or canceled by the proposer for a 120 - day period following the deadline for proposal submission as defined in the Schedule of Events. 1.6 COST OF PREPARING A PROPOSAL 1.6.1 City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFQ and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the proposer. The City is not liable for any expense incurred by the proposer in the preparation and presentation of their proposal. 1.6.2 All Timely Submitted Materials Become City Property. All materials submitted in response to this RFQ 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 proposer resulting from this RFQ process. SECTION 2: RFQ STANDARD INFORMATION 2.0 AUTHORITY This RFQ 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 RFQ, will be used. 2.1 CONSULTANT 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 2.2.1 Public Information. All information received in response to this RFQ, 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's 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. 2.2.2 Procurement Officer Review of Qualifications. Upon opening the proposal received in response to this RFP, the procurement officer will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2.1 above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the proposal. 12 �) 2. An affidavit from a proposer'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 officer, the evaluation committee members, and limited other designees. Proposers 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 QUALIFICATIONS 2.3.1. Initial Classification of Qualifications 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 RFQ; or the proposal is not within the specifications described and required in the RFQ. If a proposal is found to be nonresponsive, it will not be considered further. 2.3.2. Determination of Responsibility. The procurement officer will determine if a proposer 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. 2.3.3. Evaluation of Qualifications. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring proposer or, if necessary, to seek discussion/negotiation or a best and final offer in order to determine the highest scoring consultant. 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 RFQ responses. These scores will be used to determine the most advantageous offering to the City. 2.3.4. Completeness of Qualifications. Selection and award will be based on the proposer's proposal and other items outlined in this RFQ. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by proposers outside the formal response or subsequent discussion/negotiation. if requested, will not be considered, 131r; will have no bearing on any award, and may result in the offeror being disqualified from further consideration. 2.3.5. Opportunity for Discussion/Negotiation and/or Oral Presentation. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more proposers should clarification or negotiation be necessary. Proposers may also be required to make an oral presentation to clarify their RFQ response or to further define their offer. In either case, proposers should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the proposal. Oral presentations, if requested, shall be at the offeror's expense. 2.3.6. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. 2.3.7. 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 proposer 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. 2.3.8. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible proposer whose proposal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring proposer 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. 2.3.9. Contract Award. Contract award, if any, will be made to the highest scoring proposer 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 RFQ, issuance of the RFQ 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: 14 - 1. Modify, cancel or terminate this RFQ; 2. 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 RFQ at any time; 3. Waive any undesirable, inconsequential, or inconsistent provisions of this RFQ which would not have significant impact on any proposal; 4. To request further documentation or information, and to discuss an RFQ submittal for any purpose in order to answer questions or to provide clarification; 5. Not award if it is in the best interest of the City not to proceed with contract execution; and, 6. 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 1 Rti SECTION 3: SCOPE OF PROJECT 3.0 PURPOSE The City of Milton, Georgia (City) is requesting statements of qualifications for qualified planning consultants to prepare a conventional Unified Development Code (UDC). The UDC will consist of at least the following ordinances/codes: the Zoning Ordinance, Chapter 64; Environmental Regulations (including storm water, floodplain, stream buffer and noise control), Chapter 20; the Subdivision Regulations, Chapter 50; the Vegetation Ordinance (the tree ordinance which is currently under revision), Chapter 60; Streets, Sidewalks, and Other Public Places, Chapter 48; Buildings and Building Regulations, Chapter 10; Fire prevention and Protection, Chapter 22; and any other ordinance thought appropriate to the overall development process. The UDC will also include the delineation of a comprehensive development process as well as the standardization of all forms. It is the intent of the City to have the consultant concentrate on establishing consistency between these above referenced ordinances/codes, eliminating redundancy and re- organizing them into a more organized format. The City at this time is not requesting a complete re -draft of these ordinances/codes. Many, including the sign ordinance, the form based codes, as well as sections of the zoning codes, have all been recently updated. Additionally, a new Retaining Wall Ordinance, a Steep Slopes Ordinance, and a Tree Ordinance are currently being drafted as a separate initiative, and once approved, would be included within the UDC document. Areas of key concern to be incorporated into the UDC include, but are not limited to the following: • Creating regulations that incorporate best practices; • Review of the work initiatives as contained in the City's Comprehensive Plan 2030 Updated; • Removing or amending outdated standards; • Removing redundancies and conflicts; • Consolidating uses or use groups; • Creating clear definitions and terminology; • Providing graphics and Illustrations to supplement written regulations; and, • Crafting regulations that provide for effective administrative enforcement. The public participation process should engage and encourage the involvement of community leaders, key stakeholders, business owners, economic development partners, and interested citizens. At key milestones during the engagement, the consultant will provide in public meetings, presentations to these above referenced groups. (Staff will be 16 I I available to assist with the organization of these meetings.) Successful completion of the engagement will culminate in the adoption of the document. 3.1 DESCRIPTION OF REQUIREMENTS 3.1.1. Introduction. The City has established certain requirements with respect to proposals to be submitted to Proposers. Whenever the terms "shall", "must", "will", or "is required" are used in the RFQ, the specifications being referred to are mandatory requirements of this RFQ. Failure to meet any mandatory requirement will be cause for rejection of Proposer's proposal. Whenever the terms "can", "may", or "should" are used in the RFQ, the specifications being referred to are desirable and failure to provide any items so termed may not be cause for rejection, however, will probably cause a reduction in the score awarded. 3.1.2. Background. The City has a population of 36,291 and is located in Fulton County, Georgia. The geographic area of the City is 39.1 square miles. The City adopted its first zoning ordinance in December, 2006. During the past ten years, many text amendments were completed to respond to the growth patterns of the City. 3.1.3. Scope of Work. The scope of the UDC will affect areas located within the incorporated limits of the City. An in-house, administrative working group will be established comprised of staff from the Community Development Department, Public Works Department and the City Attorney's Office. The final UDC will replace the existing zoning ordinance, environmental regulations, subdivision regulations, vegetation regulations and Streets, Sidewalks, and Other Public Places Ordinance, Building Code, Fire Code, and any other ordinances thought appropriate to the development process. It is anticipated that the UDC will provide a set of coordinated development regulations that facilitate the growth patterns as envisioned by the City's recently updated 2030 Comprehensive Plan. The consultant team is expected to hold public meetings and workshops with the administrative working group, the City Council, City boards and commissions, the Stakeholder Committee, the development community and the residents. The Stakeholder Committee will be made of approximately 15 City members representing interests such as City boards and commissions, developers, residents, environmentalists and businesses. This group will serves as an initial sounding board and offer input and guidance on the creation of the UDC. All Stakeholder Committee meetings will be public meetings. 17 1 , - J The UDC shall be produced through an interactive planning process, with opportunities for public engagement provided throughout the process of development. The expected timeframe for the project is sixteen (16) months following contract execution. The consultant may use the following phased approach or suggest an alternative approach: Phase I: Evaluate the Existing Ordinances/Codes • Review all pertinent existing ordinances/codes; • Review the City's 2030 Comprehensive Plan Update; • Meet with staff and key stakeholders to obtain input; • Produce a report that summarizes the issues and recommendation obtained from the review of existing ordinances as well as stakeholder meetings; • Produce an evaluation of the existing ordinances. The evaluation should include an assessment of the provisions that should be updated or changed; • Evaluate the current development review process and forms. Phase II: Identify Potential Solutions and Approaches • Develop potential solutions and the approach the City should undertake to implement a new UDC; • Provide a Table of Contents for the new UDC; • Articulate implications of the new UDC; and, • Present the approach and implications to the Stakeholder Committee for input. Phase III: Develop a Draft Document Prepare and submit a written UDC draft document that clearly defines the City's expectations regarding uses, appearance, design, quality, and density of development; All changes to the UDC shall use a system to track new and deleted text. Ensure compliance with all applicable Georgia State statutes. Incorporate graphics and tables to support regulations. Recommend the best method for managing and maintaining codification and updates to the UDC. Produce an on-line ordinance with hyperlinks that is user friendly, searchable, and linked to a glossary of diagrams, terms and definitions. Identify the authority and process for appeals, variances, and exceptions to regulations; and, • Prepare, if appropriate, a revised development review process and standardized forms. 18 3.2 OTHER CONSIDERATIONS The UDC should be sensitive to the following considerations: 1. Form -Based Codes: The City currently has two form -based codes in place and these would be given individual consideration in review; 2. Best Practices: The code would include best practices for all ordinances; 3. Uses or Use Groups: The consultant will evaluate the existing list of uses and recommend removal, replacement or consolidation of uses; 4. Parking: The consultant will recommend amendments, such as shared parking requirements, to the off-street parking requirements and standards; and, 5. Cross References: The consultant will work with staff to check cross references to other regulations such as Storm Water Management, Transportation, Public Utilities, Parks and Recreation and Community Development. 3.3 QUALIFICATIONS REQUIRED To complete the above referenced elements of the RFQ, the consultant should include examples of experience with the following regulatory processes and/or disciplines: 1. Drafting of zoning ordinances, both conventional as well as form based codes; 2. Drafting of subdivision ordinances; 3. Development review processes; 4. Drafting of environmental ordinances; 5. Drafting of design standards; 6. Complete streets and transportation regulations; 7. Historic preservation; 8. Legal; 9. Land use planning and urban design expertise; 19 10. Public participation and facilitation skills; 11. Graphics; 12. General knowledge of various local, Georgia statutes, and Federal regulations as they relate to zoning, comprehensive plans and land planning (subdivision and land development);and, 13. Smart Growth principles. 3.4 PROJECT TIMELINE The City anticipates up to a sixteen (16) month process that would start approximately in January, 2017 and end in April, 2018. This 16 month timeframe would include public review of the final draft and adoption by the City Council. 3.5 DOCUMENTATION After adoption of the UDC by the City, the consultant will provide one original and fourteen (14) printed and bound copies of the final plan document, as adopted, as well as electronic files in formats determined by the City. 20 J SECTION 4: CONSULTANT QUALIFICATIONS 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the proposer to provide the supplies and/or perform the services specified. 4.1 CONSULTANT INFORMATIONAL REQUIREMENTS Firms interested in providing the services described in this RFQ should be able to demonstrate experience in the areas described in Section 3. 21 :.. ? SECTION 5: EVALUATION CRITERIA 5. 1. PROPOSED EVALUATION CRITERIA - PHASE 1 The evaluation committee will review and evaluate the qualifications according to the following criteria: • A selection team for the City will initially evaluate and score all submittals received. • Qualifications not meeting the minimum requirements and those who are non-responsive will not be considered. 5.1.1 Submittal Evaluation Criteria. A. Project Staffing 30 pts • Education and experience of the assigned staff • Key personnel's level of involvement • Quality and experience of consultant and sub -consultants • Proximity and availability of key personnel B. Qualifications of the Design Team 30 pts • Organization strength and stability • Experience and technical competence on similar projects • Previous experience as a design team • Proximity and availability of key personnel C. Project Delivery 25 pts • Quality of final work product • Flexibility of the consultant to operate successfully within various work environments • Ability to meet schedules D. Overall Fit of the Firm and its Key Team Members to the Project 15 pts • Ability of the firm to instill Committee confidence in the firm's understanding of the project requirements • Firm's communication and problem solving methods and abilities. • Previous experience with City of Milton projects 22 5.2. INTERVIEWS - PHASE 2 **Additional Scoring (Phase 2) will be offered to those consultants shortlisted for the Presentation/Interview Evaluation Process ** 23;� Q SECTION 6: SAMPLE PROFESSIONAL SERVICES AGREEMENT This is for reference only. Do not return with proposal M I LT ONL)� LSI'ABLISI IED 2006 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 20 [INSERT DATE] (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (hereinafter referred to as the "City"), and [INSERT FULL LEGAL NAME OF CONSULTANT], a [INSERT STATE WHERE CONSULTANT ENTITY WAS FORMED (E.G., GEORGIA) AND THE TYPE OF ENTITY (E.G., CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, ETC.)], (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Consultant to provide certain services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and 24 1 R _ WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" — City Solicitation Documents Exhibit "B" — Consultant Response/Proposal Exhibit "C" — Scope of Work Exhibit "D" — Contractor Affidavit Exhibit "E" — Subcontractor Affidavit Exhibit "F" — Key Personnel B. Proiect Description. The "Project" at issue in this Agreement is generally described as: GENERAL PROJECT DESCRIPTION]. [INSERT 25 I C. The Work. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit "C", attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit "C", the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. D. Schedule, Completion Date, and Term of Agreement. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The term of this Agreement ("Term") shall commence as of the Effective Date, and.the Work shall be completed, and the Agreement shall terminate, on or before [INSERT EXPECTED DATE OF COMPLETION] (provided that certain obligations will survive termination/expiration of this Agreement). If the Term of this Agreement is longer than one year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on December 31 each calendar year of the Term [ ❑ unless this box is checked, in which case the Agreement shall terminate absolutely and without further obligation on the part of City at the end of City's fiscal year each year of the Term], and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year [ ❑ unless this box is checked, in which case the Agreement shall automatically renew on the first day of each subsequent City fiscal year of the Term] absent City's provision of written notice of non -renewal to Consultant at least five (5) days prior to the end of the then current calendar year [or fiscal year, as applicable]. Title to any supplies, materials, equipment, or other personal property shall remain in Consultant until fully paid for by City. II. WORK CHANGES A. Chance Order Defined. A "Change Order" means a written modification of the Agreement, signed by representatives of City and Consultant with appropriate authorization. B. Right to Order Changes. 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 26 1 1 . shall be incorporated in written Change Orders and executed by Consultant and 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 City in its sole discretion, City shall have the right to determine reasonable terms, and Consultant shall proceed with the changed work. B. Change Order Requirement. 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 shill be recognized, unless contained in a written Change Order duly executed on behalf of City and Consultant. C. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Mayor or 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 Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor and City Council. Amendments shall not result in a variance in price exceeding ten percent of the original contract amount. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City's receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Any material deviations in tests or inspections performed, or 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 City before charges are incurred and shall be handled through Change Orders as described in Section II above. City shall pay Consultant within thirty (30) days after approval of the invoice by City staff. 27� B. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $ [INSERT MAXIMUM CONTRACT PRICE] (the "Maximum Contract Price"), except as outlined in Section II(C) above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for Work performed shall be based upon [SPECIFY HOURLY RATE, FLAT FEE, OR OTHER BASIS]. C. Reimbursement for Costs. The Maximum Contract Price set forth in Section III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and reimbursement for costs incurred shall be limited as follows: [CHECK ONE] ❑ There shall be no reimbursement for costs. ❑ Long distance telephone and telecommunications, facsimile transmission, normal postage and express mail, and photocopying charges and time shall be billed at cost. Supplies and outside services, transportation, lodging, meals and authorized subcontracts shall be billed at cost plus no more than a 10% administrative burden. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service. In no event shall the total reimbursement for costs incurred during a particular month exceed [INSERT PERCENTAGE IF BOX CHECKED FOR THIS PARAGRAPH] percent of the total amount due for Work for that particular month. IV. COVENANTS OF CONSULTANT A. Expertise of Consultant; Licenses, Certification and Permits. Consultant accepts the relationship of trust and confidence established between it and City, recognizing that 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 Work in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. 28 J Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting the applicable standard of care or quality will be provided by Consultant at no additional cost to City. This provision shall survive termination of this Agreement. B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Consultant's profession and industry. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's profession and industry, Consultant will give written notice immediately to City. C. City's Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant's Work performed under this Agreement. Consultant acknowledges and agrees that the acceptance of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant's performance. Consultant further agrees that no approval of designs, plans, specifications or other work product by any person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. D. Consultant's Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. 29 _ '' E. Consultant's Representative. [INSERT NAME] shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. F. Assignment of A14reement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of City. As to any approved subcontractors, Consultant shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This indemnity 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 Consultant, its subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts Consultant or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or 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. H. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Nothing in this Agreement shall be construed to make Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of consultants, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perform the Work related to this Agreement. Inasmuch as City and Consultant are independent of each other, 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. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. 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. I. Insurance. (1) Requirements: Consultant shall have and maintain in full force and effect for 31 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 Consultant, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence and $2,000,000 (two million dollars) 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) Commercial Automobile Liability (owned, non -owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability of at least $1,000,000 (one million dollars) limit for claims arising out of professional services and caused by Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Consultant is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Consultant must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to 32 I coverage under the Georgia Workers' Compensation Act. Further, Consultant shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $ ( ) [INSERT AMOUNT OF COVERAGE REQUIRED, IF ANY, OR STATE "N/A" IF NOT APPLICABLE] per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. [CITY MAY WANT TO INCLUDE OTHER INSURANCE REQUIREMENTS, DEPENDING UPON THE TYPE OF PROJECT AT ISSUE (E.G., EMPLOYEE DISHONESTY/ CRIMES COVERAGE IF CONTRACTORS HAVE ACCESS TO CITY BUILDINGS).] (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Consultant; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and (if applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") 33 0" 1 shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, leased, or used by Consultant; automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Consultant to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Consultant'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 in excess of Consultant's insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. 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) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. 341> (b) Workers' Compensation Coverage. The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (c) All Coverages. (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non- payment) has been given to City. City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Consultant under the terms of this Agreement, including but not limited to Section IV(G) of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Consultant must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance policies shall be placed with insurer(s) with an A.M. Best Policyholder's rate of no less than "A- " and with a financial rating of Class VII or greater. The Consultant shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. 35 (6) Verification of Coverage: Consultant shall furnish to City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Consultant is specifically required to provide an endorsement naming City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Consultant's insurer in its normal course of business and 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. City reserves the right to require complete, certified copies of all required insurance policies at any time. Consultant shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Consultant shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) City as Additional Insured and Loss Payee: City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers' Compensation policy. (10) Progress Payments: The making of progress payments to Consultant shall not be construed as relieving Consultant or its subcontractors or insurance carriers from providing the coverage required in this Agreement. 36 - J. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant 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 Consultant's subcontractors have registered with, are authorized to use and use 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, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant 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 City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Where Consultant 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 Consultant's and Consultant's subcontractors' verification process at any time to determine that the verification was correct and complete. Consultant and Consultant'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 Consultant 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 Consultant or Consultant's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Consultant and Consultant's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Consultant or Consultant's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Consultant's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Consultant shall be liable for all damages and delays occasioned by City thereby. Consultant agrees that the employee -number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13- 10-91.] [DESIGNATE/MARK APPROPRIATE CATEGORY] 500 or more employees. 100 or more employees. Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant 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, Consultant will secure from the subcontractor(s) such 38 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. K. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement ("Records") shall be established and maintained by Consultant in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Consultant by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement 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, Consultant shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City's computer systems and software. 39 (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Consultant shall make available to City or City's representative(s) for examination all Records. Consultant will permit City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records. Consultant shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City's office. Further, Consultant shall permit City or City's representative(s) to observe and inspect any or all of Consultant's facilities and activities during normal hours of business for the purpose of evaluating Consultant's compliance with the terms of this Agreement. In such instances, City or City's representative(s) shall not interfere with or disrupt such activities. L. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest exists, City may require that Consultant take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Consultant when such services were performed while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Consultant or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. M. Confidentiality. Consultant acknowledges that it may receive confidential information of 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. Consultant agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Consultant creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of City. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Consultant acknowledges that City's disclosure of documentation is governed by Georgia's Oben Records Act, and Consultant further acknowledges that if Consultant submits records containing trade secret information, and if Consultant wishes to keep such records confidential, Consultant must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10. and the Parties shall follow the requirements of O.C.G.A. & 50-18-72(a)(34) related thereto. N. Key Personnel. All of the individuals identified in Exhibit "F", attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Consultant's Project Manager or members of the Project team, as listed in Exhibit "F", without written approval of City. Consultant recognizes that the composition of this team was instrumental in City's decision to award the Work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for 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 paragraph shall constitute a material breach of Consultant's obligations under this Agreement and shall be grounds for termination. O. Meetings. Consultant is required to meet with City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to City. Meetings will occur as problems arise and will be coordinated by City. City shall inform Consultant's Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face- to-face meetings are desired. However, at Consultant'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 failure to make a good faith effort to resolve problems, may result in termination of this Agreement for cause. 41 P. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. Q. Ownership of Work, All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant ("Materials") shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed before final delivery to City, Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, 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, 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 paragraph in every subcontract for services contemplated under this Agreement. V. COVENANTS OF CITY A. Right of Entry. City shall provide for right of entry for Consultant and all necessary equipment as required for Consultant to complete the Work; provided that Consultant shall not unreasonably encumber the Project site(s) with materials or equipment. 42 I B. City's Representative. [INSERT NAME] shall be authorized to act on City's behalf with respect to the Work as City's designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section II above. VI. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. B. For Cause. Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay Consultant within thirty (30) calendar days of Consultant providing City with notice of a delinquent payment and an opportunity to cure. In the event of Consultant's breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Consultant at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Consultant fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Consultant for the costs of curing the default against any sums due or which become due to Consultant under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of City. 43 D. Payment Upon Termination. Upon termination, City shall provide for payment to Consultant for services rendered and, where authorized, expenses incurred prior to the termination date; provided that, where this Agreement is terminated for cause, City may deduct from such payment any portion of the cost for City to complete (or hire someone to complete) the Work, as determined at the time of tennination, not otherwise covered by the remaining unpaid Maximum Contract Price. E. Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section VI(A) above. F. Requirements Upon Termination. Upon termination, Consultant shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by Consultant in performing this Agreement, whether completed or in process, in the form specified by City. G. Reservation of Rights and Remedies. The rights and remedies of City and Consultant provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VII. MISCELLANEOUS A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written Change Order (as provided in Section II above) or other document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and 44� v,( assigns of the respective Parties. C. Governine Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. 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, or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. D. Captions and Severabilitv. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of this Agreement, 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 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 that may for any reason be hereafter declared in valid. E. Business License. Prior to commencement of the Work to be provided hereunder, Consultant shall apply to City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Consultant provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day -to -Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between City's Representative (named above) for City and Consultant's Representative (named above) for Consultant. (2) Official Notices. All other notices, requests, demands, writings, or 451 f C�I)F 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, or at a substitute address previously furnished to the other Party by written notice in accordance herewith. NOTICE TO CITY shall be sent to: City Manager City of Milton, Georgia 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONSULTANT shall be sent to: [INSERT CONTACT INFORMATION/ADDRESS] G. Waiver of Agreement. No failure by City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City's right to demand exact and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no express waiver shall affect any Term or condition other than the one specified in such waiver, and that one only for 46 r , the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. I. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Consultant or any successor in interest in the event of any default or breach by City or for any amount which may become due to Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers, or directors to any personal contractual liability, except where Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Consultant or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. L. Counterparts; Agreement Construction and Interpretation. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the 47 1 P Q 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. In the interest of brevity, the Agreement may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. M. Force Maieure. Neither City nor Consultant 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 Agreement or for any delay in such performance due to: (i) any cause beyond its 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 CONSULTANT; (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. N. Material Condition. Each term of this Agreement is material, and Consultant's breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to City at law or in equity. IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] 48 Attest/Witness: Signature: Print Name: Title: CONSULTANT: [INSERT FUL.I_, I..EGAL NAME OF CONSULTANT] Signature: Print Name: Title: [CIRCLE ONE] PresidentNice President (Corporation) General Partner (Partnership/Limited Partnership) Member/Manager (LLC) Owner (Sole Proprietorship/Individual) [CORPORATE SEAL] (required if corporation) (Assistant) Corporate Secretary (required if corporation) 49 >j CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney 50 EXHIBIT "A" [Insert City Solicitation Documents] 51 :r EXHIBIT "B" [Insert Consultant Response/Proposal] EXHIBIT "B.l" RFQ No. 17-CDO1 Preparation of a Unified Development Code SUBMITTED BY: TS W 1389 Peachtree Street NE Suite 200 Atlanta, GA 30309 Phone: 404.873.6730 www.tsw-design.com SUBMITTED TO: City of Milton Attn: Honor Motes, Procurement Office 13000 Deerfield Parkway Suite 107-F Milton, GA 30004 TSW TEAM: CITY OF MILTON PREPARATION OF A UNIFIED DEVELOPMENT CODE: RFQ 17-CDO I 1389 Peachtree Street, NE Suite 200 Atlanta, GA 30309 Phone: 404.873.6730 Fax: 404.874.6471 www.tsw-design.com Principals: William Tunnell Jerry Spangler Thomas Walsh Caleb Racicot Adam Williamson Bryan Bays Heather Hubble Associates: Rebekah Calvert Ben Woodrow Giles David Lintott Alex Fite-Wassilak Lionel Johnson Sarah McColley February 6, 2017 City of Milton Attn: Honor Motes, Procurement Office 13000 Deerfield Parkway Suite 107-F Milton, GA 30004 Dear Honor: On behalf of the TSW Team, it is my pleasure to submit our detailed proposal for the preparation of Milton's Unified Development Code (UDC). As indicated at our meeting last week, we have proposed a multi -phased approach which will allow us to first determine the focus of the UDC before we begin the drafting process. We believe that this approach will result in the most efficient coding process. Please let me know if you have any questions or need additional information. I look forward to hearing from you. Sincerely, Caleb Racicot Senior Principal TSW TEAK: CITY OF MILTON PREPARATION OF A UNIFIED DEVELOPMENT CODE: RFQ 17-CDO1 section The TSW Team believes that the City of Milton's UDC must be based on a strong community outreach effort. The elements of a successful outreach and community involvement strategy are not a set of sequential steps on the road to adoption, but serve as a foundation underlying everything the project sets out to accomplish. The TSW Team has used a variety of mechanisms for participation. We have experimented with various tools and techniques for outreach and decision-making, and we are looking forward to collaborating with City staff in developing an ef- fective and comprehensive community involve- ment strategy. For this project we plan to incorporate a mix of outreach methods including: 1. Stakeholder Interviews. As part of the initial series of meetings associated with our kick- off, the Team will conduct up to two days of interviews and focus groups. Typically these stakeholders include representatives from neighborhoods, development and real es- tate professionals, environmental groups, schools, public works and engineering de- partments, and other community organiza- tions and interested parties. 2. Internal Meetings. After each deliverable, the Team will present to the Technical Advi- sory Team for feedback. Their comments will be used to revise the deliverables. 3. Stakeholder Meetings. A Stakeholder Com- mittee will be established to provide guid- ance on key UDC issues. The Team will meet with the Stakeholder Committee between public meetings to review and provide guid- ance on the overall process, as well as specif- ic issues and ideas that may emerge from it. 4. Community Meetings. Following major de- liverables, the Team will conduct a public open house that will include a presentation to the public on the status of the project, an overview of the deliverables, and response to feedback and comments from the commu- nity. 5. Other Electronic Communications. Team members will be available to help the City craft press releases, e -blasts, a social media strategy, and newsletter articles. 6. Public Workshops & Hearings. In addition to public open houses, there will be a series of public workshops and training sessions to educate the community on how to ap- ply and use the new code. Furthermore, Team members will present the draft and final UDC to the Planning Commission, City Council, and other boards and commissions as necessary. TSW TEAM: CITY OF MILTON PREPARATION OF A UNIFIED DEVELOPMENT CODE: RFQ 17-CD01 M011f, The following work plan provides an overview of the initial approach to the project. We look for- ward to fine-tuning this proposal with the City at the appropriate time. ASSUMPTIONS S The Work Plan assumes the following: Agendas for public meetings and internal review of draft materials will be guided by the City. 2. Although the TSW Team will facilitate the public outreach process, the City will assist in identifying, contacting, and coordinating the participation of key individuals and groups. 3. The City will provide digital copies (where available) of existing data, maps, plans, studies, and other background for this project. 4. The City will provide a running list of areas that they have found to be problematic in current regulations. This may include a summary table or a marked -up copy of the applicable regulations. 5. The City will establish a Technical Advisory Team. 6. The City will establish a Stakeholder Committee. 7. Comments on deliverables will be provided to the Team in a consolidated form, without internal inconsistency. This may require internal staff meetings prior to meetings with the Team. PHASE 1: ANALYSIS L SI Task 1.1: Review Existing Materials Team members will carefully review the existing regulations and details, the 2030 Comprehen- sive Plan, forms, and other project -related doc- uments. This review will familiarize the Team with Milton's current development regulation frame- work. 2 TSW TEAM: CITY OF MILTON PREPARATION OF A UNIFIED DEVELOPMENT CODE: RFQ 17 -CDC' Task 1.2: Project Orientation Following a review of the existing documents, the TSW team will meet with City staff for an ini- tial meeting and tour of the city. Deliverables: »» Project orientation meeting summary Task 1.3: Outreach Support The Team will support the City's outreach efforts for the UDC process in order to gather meaning- ful input from a variety of stakeholders and the public at large. The Team will establish, gener- ate, and produce outreach content as mutually agreed upon by the City and the Team, howev- er, the City shall be responsible for actually host- ing and maintaining web -based outreach. Deliverables: »» Print materials »» Ongoing web content Deliverables: »» Content for diagnostic report PHASE 2: APPROACH Task 2.1: Draft Diagnostic Report A draft diagnostic report will be prepared. The purpose of this report is to confirm the coding approach and focus with the City of Milton be- fore actually beginning the coding process. Ex- perience has shown that this is the best use of public resources because it allows local govern- ments to confirm what will and won't change before any text is written. This report will include: Task 1.4: Stakeholder Interviews/Public Kick-off Team members will meet with staff, interview project stakeholders, and conduct a public >»> kick-off. During this task, the Team will: »» Meet with the Technical Advisory Team. WN Interview key staff members regarding the current development regulations and other issues impacting zoning in Milton. Interview selected stakeholders and focus groups to discuss recent zoning variances, development activity, perceptions of posi- tive and negative land use, effects of the existing regulations on development, obsta- cles to good development ideas, and the zoning approval process. Conduct interviews with boards and com- missions including the Planning Commission, Board of Zoning Appeals, Design Review Board, and others. Facilitate a public kick-off for the project. The Team will introduce the project, review preliminary findings, and identify best prac- tices in code writing and regulations. Public comments will also be taken at this time. This will allow the Team to ensure that we are on track before finalizing the approach. Current Zoning. Evaluation of the effective- ness of current regulations to implement the policy recommendations of the 2030 Com- prehensive Plan, and other project -related plans, including identification of where de- ficiencies currently exist and potential "hot button" items. Interview Comments. Summary of issues and recommendations from interviews Alternative Approaches. Review best prac- tices and recommendation of alternative approaches to help correct deficiencies in- herent in the existing regulations and to ad- dress issues specifically related to the 2030 Comprehensive Plan. Function & Layout. Options for improving the form, function and layout will be identified. Specifically, example page layouts and sample graphics will be produced to ex- plain how the UDC will be user-friendly, easy to navigate, minimize technical jargon, and be graphically -oriented. Draft Annotated Outline. An outline for how the UDC will be structured including an over- view of the proposed substance. Graphics. Identification of needed sup- porting graphics, illustrations, standard en- gineering drawings, standard construction details and graphics. TSW TEAM: CITY OF MILTON PREPARATION OF A UNIFIED DEVELOPMENT CODE: RFQ 17-CD01 3 Deliverables: >»> Draft diagnostic report Task 2.2: Technical Advisory Team Meeting After allowing adequate time for review, Team members will meet with the Technical Advisory Team to discuss comments and recommend- ed revisions. Team members will also facilitate a public open house to present the draft diag- nostic report. Following the open house, a final version of the report will be prepared. Deliverables: >»> Facilitate Technical Advisory Team meeting >»> Facilitate public open house >»> Final diagnostic report Task 2.4: City Council Diagnostic Presentation In order to confirm the direction of the UDC prior to actually starting to draft it, the Team will pres- ent the findings of the diagnostic report to the City Council. The outcome of this presentation will ideally be a resolution directing the Team to proceed with the drafting process, as set forth in the report or amended by City Council. Task 2.5: Ongoing Text Amendment Review For the duration of all phases, the Team will work with City staff to review and provide guidance on ongoing text amendments. This will ensure that these amendments are consistent with the emerging direction for the UDC. PHASE 3: CODE DRAFTING Task 3.1: Discussion Draft Modules An initial draft of the UDC will be delivered in modules (i.e. groupings of articles) that clearly define the City's expectations regarding ap- pearance, design, quality, and density of de- velopment, implementing the policies of the adopted Comprehensive Plan. Modules are es- sentially articles of the new UDC, such as zoning districts, environmental protection, etc. Deliverable: >»> Discussion Draft UDC modules Task 3.2: Technical Advisory Team Meeting After allowing adequate time to review each module, Team members will meet with the Tech- nical Advisory Team to discuss comments and recommended revisions. Deliverables: >»> Facilitate Technical Advisory Team meeting, including summary following the meeting Task 3.3: Draft UDC Each draft module will be revised to incorporate all comments received to date and consolidat- ed into a draft UDC. This draft will be thoroughly reviewed for conformance with federal, state, and local statutes. Deliverables: >»> Draft UDC Task 3.4: Technical Advisory Team Meeting After allowing adequate time for review, Team members will meet with the Technical Advisory Team to discuss comments and recommended revisions. This task will include a series of intensive working sessions intended to convert the docu- ment into a draft ready for public review. Follow- ing the sessions, a public review draft of the UDC will be prepared. Deliverables: >»> Facilitate Technical Advisory Team meeting, including summary following the meeting »» Public review of draft UDC Task 3.5: Public Review Following delivery of the public review draft, and after allowing adequate time for distribution and review, the Team will provide a public workshop and educational overview of the draft UDC. Deliverables: >»> Facilitate public workshop, stakeholder meetings and public presentations, includ- ing summaries following the meetings »» Facilitate training sessions Task 3.6: Public Hearing Draft Editorial revisions based on comments from the City and the general public will be made. A public hearing draft, ready for the formal public hearing process, will be provided. Deliverable: >»> Public hearing draft of the UDC Task 3.7: Public Hearings The Team will present the public hearing draft of 4 TSW TEAM: CITY OF MILTON PREPARATION OF A UNIFIED DEVELOPMENT CODE: RFQ 17-CDO! the UDC at up to two public hearings, including one Planning Commission meeting. Any com- ments received will be incorporated into the draft UDC. Deliverables: >»> Attendance at up to two public hearings >»> Revised public hearing draft of the UDC Task 3.8: Adoption by the City The Team will attend the agenda meeting and the adoption meeting of the City Council to respond to any questions or comments, and where appropriate, make presentations regard- ing the new UDC. Any comments received will be incorporated into the draft UDC. Deliverables: »» Attendance at agenda meeting and adop- tion meeting Task 3.9: Final UDC Following adoption, final revisions will be made and a final copy of the UDC and forms will be delivered, including all photos, images, and graphics in both digital and paper format. A digital version of the UDC will be provided for with full use of electronic links, cross-references, graphics, and commentary. Deliverables: »» Digital copy of the UDC >»> Digital copies of all photos, images and graphics »» Digital copies of updated forms PHASE'2: A OACH PHASE 3 TSW TEAM: CITY OF MILTON PREPARATION OF A UNIFIED DEVELOPMENT CODE: RFO 17-CDQI 5 The following estimated fees are proposed for the the services contained in the work plan. These fees are based on recent, similar projects, and our understanding of the needs of Milton. In estab- lishing these fees, the TSW Team has been aggressive in determining the amount of effort required to perform these tasks. The actual effort may be less, therefore, the fees below are not -to -exceed (NTE) fees and will be billed hourly according to our fee schedule, plus any direct expenses for printing, travel, mailing, or similar project -related expenses. Team invoices will include monthly doc- umentation of hours and direct expenses. Phase 1: Analysis NTE $20,000 Phase 2: Approach NTE $20,000 Phase 3: Code Drafting NTE $145,000 TOTAL: NTE $195,400 HOURLY FEE SCHEDULE The following are hourly rates for this project: TSW Staff Principals William T. Tunnell Jerry W. Spangler Thomas H. Walsh Caleb P. Racicot Adam H. Williamson Bryan Bays Heather Hubble Architecture Lionel Johnson John Hand Jared Christensen Ross Vogel Colin Hadaway Robert Huber Pond Staff Bob Williams, Project Manager Heike Slinin, Engineer Clerical $150/hour $120/hour $70/hour TSW TEAM: CITY of MILTON PREPARATION OF A UNIFIED DEVELOPMENT CODE: RFQ 17-CD01 Planning & Landscape Architecture $185/hour Woody Giles $1 10/hour $185/hour Alex Fite-Wassilak $1 10/hour $185/hour David Lintott $100/hour $160/hour Rebekah Calvert $100/hour $150/hour Jia Li $95/hour $150/hour Sarah McColley $95/hour $110/hour Kristin L'Esperance $90/hour Laura Richter $90/hour Peyton Peterson $85/hour $90/hour Ryan Snodgrass $85/hour $90/hour Kaitlin Vaughn $85/hour $90/hour Julia Brodsky $80/hour $85/hour Allison Bustin $80/hour $80/hour Beverly Bell $80/hour $80/hour Katherine Perry $75/hour David Argo $75/hour $150/hour $120/hour $70/hour TSW TEAM: CITY of MILTON PREPARATION OF A UNIFIED DEVELOPMENT CODE: RFQ 17-CD01 EXHIBIT "B.2" qualifications for: RFQ No. 17-CDO1 Preparation of a Unified Development Code SUBMITTED BY: TS W 1389 Peachtree Street NE Suite 200 Atlanta, GA 30309 Phone: 404.873.6730 www.tsw-design.com SUBMITTED TO: City of Milton Attn: Honor Motes Procurement Department 13000 Deerfield Parkway Suite 107-F Milton, GA 30004 No Text HOME OF -; � _.�.{,. CITY OF MILTON MIV'�,_,ON REQUEST FOR QUALIFICATIONS ESTABLISHED 2006 (THIS IS NOT AN ORDER) Bid Number: Project Name: RFQ 17-CDO1 Preparation of a Unified Development Code UDC Due Date and Time: January 13, 2017 Local Time: 2:00pm Number of Pages: 58 ISSUING DEPARTMENT INFORMATION Issue Date: December 15, 2016 City of Milton Community Development Department Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107-F Fax: 678-242-2499 Milton, Ga. 30004 Website: www.cityofmiltonga.us TO BIDDERS -INSTRUCTIONS Return Submittal to: Mark Face of Envelope/Package: TS W Bid Number: RFQ 17-CDO1 City of Milton Name of Firm Attn: Honor Motes, Procurement Office 13000 Deerfield Pkwy Special Instructions: Deadline for Written Questions Suite 107-F Milton, Ga. 30004 January 4, 2017 at 5:00 pm Email questions to Honor Motes at Bidder Federal I.D. Number: honor.motes@cityofmiltonga.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signato y: TS W 1389 Peachtree Street NE, Suite 200 Atlanta, GA 30309 Caleb Racicot, Senior Principal Bidder Phone Number: 404.873.6730 xl 31 Bidder FAX Number: 404.874.6471 Bidder Federal I.D. Number: Bidder E-mail Address: 58-1873676 cracicot@tsw-design.com BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE TSW TEAM: CITY OF MILTON PREPARATION OF A UNIFIED DEVELOPMENT CODE: RFQ I'-CDOI iii HOME OF 'THE Fr- #: ;; i - F 'RG." M,1U1,,N0-N% ESTABLISHED 2006 CITY OF MILTON DISCLOSURE FORM (MUST BE RETURNED WITH STATEMENT OF QUALIFICATIONS) 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 RFQ package when it is submitted. Name of Consultant Tunnell-Spangler & Associates d/b/a TSW Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) N/A 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 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 iv TSW TEAM: CITY OF MILTON PREPARATION OF A UNIFIED DEVELOPMENT CODE: RFQ 17-CDOI STATE OF Georgia COUNTY OF Fulton HOME OF 6 5 +': M A iloi${ � F.STABLISHE-D 2006 CONTRACTOR AFFIDAVIT AND AGREEMENT (MUST BE RETURNED WITH QUALIFICATIONS) 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: W::•. Federal Work Authorization User Identification Number April 2009 Date of Authorization Tunnell-Spangler & Associates d/b/a TSW Name of Contractor Preparation of a Unified Development Code Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on Jan 11 2017 in Atlanta (city), Georgia (st ). Signature of Authorized Officer or Agent Caleb Racicot, Senior Principal Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE l 1 th DAY OF January, 2017. r otar,Public [NOTARY SEAL] My Commission Expires: ELIZABETHWAENOTARY PUBL'FultonCourrtyStatef Georgiaomm. Expires January 7, 201b 12 TSW TEAM: CITY OF MILTON PREPARATION OF A UNIFIED DEVELOPMENT CODE: RFQ 17-CD0I section a 1389 Peachtree Street, NE Suite 200 Atlanta, GA 30309 Phone: 404.873.6730 Fax: 404.874.6471 www.tsw-design.com Principals: William Tunnell Jerry Spangler Thomas Walsh Caleb Racicot Adam Williamson Bryan Bays Heather Hubble Associates: Rebekah Calvert Ben Woodrow Giles David Lintott Alex Fite-Wassilak Lionel Johnson Sarah McColley January 11, 2017 City of Milton Community Development Department 13000 Deerfield Parkway, Suite 107-F Milton, GA 30004 Dear Selection Committee: On behalf of the TSW Team, it is my pleasure to submit our proposal for the preparation of Milton's Unified Development Code (UDC). The TSW Team brings together a skilled group of planners and code writers, architects, land- scape architects, civil engineers, and outreach experts to provide the City of Milton with the range of knowledge that will be essential to the UDC's success. For this effort, TSW will lead this multidisciplinary team, providing planning, coding direction, project management, and community engagement. Included on our team is Pond & Company for civil engineering, stormwater, fire protection, other land development issues, and assistance with community outreach. The TSW Team has extensive experience in code assessments, plan implemen- tation, and preparing, reviewing, and enforcing development regulations for communities. Our work has provided us with a wealth of experience and best practices for communities of all types—rural, suburban, and urban. Likewise, we have learned the best approaches for gaining public understanding and buy -in for complex code projects. Our experience with the general public, established committees, and elected officials will allow us to help Milton sort through the advantages and disadvantages of available options. Please let me know if you have any questions or need additional information. I look forward to hearing from you. Sincerely, Caleb Racicot Senior Principal Office: 404.873.6730 x131 Email: cracicot@tsw-design.com TSW TEAM: CITY OF MILTON PREPARATION OF A UNIFIED DEVELOPMENT CODE: RFQ 17-CDO1 section b * . A 1389 Peachtree Street NE, Suite 200 Atlanta, GA 30309 Year Established: 1990 Type of Ownership: Corporation Company Size: 29 employees TSW is a full-service planning, architecture, and landscape architecture firm that focuses on place -making and sustainability for every proj- ect, from downtown master plans to coding ef- forts to streetscape projects. TSW has completed dozens of coding efforts, including mixed-use codes, neighborhood codes, downtown dis- trict codes, project specific codes, and Smart - Codes, working for a wide range of clients from local governments to private developers. Our personnel includes: 4 registered architects, 7 project architect designers, 4 registered land- scape architects, 7 landscape designers, 12 planners (9 with AICP accreditation), 11 LEED APs, and 1 administrative employee. TSW Key Personnel Responsibilities: ■ Caleb Racicot - Principal -in -Charge, Coding, Urban Design, Outreach, Quality Control ■ Alex Fite-Wassilak - Project Manager, Coding, Outreach ■ Woody Giles - Urban Design, Outreach • Heather Hubble - Urban Design, Outreach ■ Bryan Bays - Urban Design, Outreach TSW will lead this multidisciplinary team, provid- ing planning and coding direction and project management. Included on our team is Pond & Company for civil engineering and site require- ments. 3500 Parkway Land, #500 Peachtree Corners, GA 30092 Contact: Bob Williams, Dir. of Civil Engineering Office: 678.336.7740 Email: WilliamsB@pondco.com Pond & Company (Pond) is a full-service archi- tectural, engineering and planning firm with a staff of 250+ professionals. For more than 45 years, they have been providing community development, planning, traffic and transporta- tion engineering, and landscape architecture services for local governments throughout the Southeast. Pond is a collaboration of urban de- signers, planners, transportation engineers and landscape architects grounded in the principles of sustainability to develop solutions that ad- vance livability and sense of place. In 2010, they expanded their urban planning and site design services with "studio" operations in Atlanta. They use the studio — or "work room" — approach to analyze challenges, maximize opportunities, and define strategies in a collaborative environ- ment. They strive for multidisciplinary solutions that help communities advance economic via- bility, link land use with infrastructure, and cre- ate healthy communities. 2 TSW TEAM: CITY OF MILTON PREPARATION OF A UNIFIED DEVELOPMENT CODE: RFQ 17-CD01 Pond Key Personnel Responsibilities: ■ Bob Williams - Engineering, Outreach ■ Heike Slinin - Engineering, Outreach TSW and Pond & Company current and previous projects include: ■ City of Decatur UDC ■ City of Johns Creek Comprehensive Plan ■ City of Roswell Comprehensive Plan ■ City of Snellville Town Center Code ■ City of Snellville UDO ■ Lilburn CID Mandir Temple LCI ■ Gwinnett Village CID Indian Trail LCI 10 -Year Update CALEB RACICOT, AICP, LEED A Caleb, a Senior Principal at TSW, is a commu- nity planner specializing in urban design, smart growth codes, community retail strategies, and corridor studies. Caleb frequently speaks on coding implementation to municipalities, profes- sional organizations, and neighborhood groups. Education: ■ Master of City Planning / Georgia Institute of Technology ■ Bachelor of Science, Environmental Design / University of Massachusetts at Amherst Representatives Projects: ■ Crabapple SmartCode (Milton, GA) - Princi- pal-in-Charge/Project Manager for Smart - Code and Transfer of Development Rights regulations for rural village. ■ City of Atlanta Zoning Ordinance Rewrite As- sessment (Atlanta, GA) - Principal -in -Charge/ Project Manager to conduct a general as- sessment of the existing Zoning Ordinance, focusing on policy strengths and weaknesses and identification of other municipal zoning ordinance models/typologies that may be appropriate for the City and will work under State Zoning Statutes. ■ Decatur Unified Development Ordinance (De- catur, GA) - Principal-in-Charge/Project Man- ager developing a unified development code that support the 2010 Decatur Strategic Plan. ■ Unified Development Code (Roswell, GA) - Project Planner for developing a unified development code to help implement their 2030 Comprehensive Plan. ■ Newton County Code (Newton, GA) - Prin- cipal-in-Charge/Project Manager for coun- ty -wide code to implement the Newton Coun- ty 2050 Plan focused on historic preservation, protection of existing neighborhoods, quality new development, environmental best prac- tices, and quality new public spaces. ■ Town of Blythewood Master Plan, Town Cen- ter District Code, & Design Guidelines (Blythe - wood, SC) - Project Manager for comprehen- sive master plan and town center code for a suburb facing development pressure. ■ Hapeville Urban Design Standards (Hapeville, GA) - Principal -in -Charge for urban design standards for the downtown area. TSW TEAM: CITY OF MILTON PREPARATION OF A UNIFIED DEVELOPMENT CODE: RFQ 1'-CG01 3 ALEX FITE-WASSILAK, AICP, LEEI B +C Alex, a Project Manager in TSW's Planning Stu- dio, is a community planner specializing in urban design and coding. With a background in plan- ning and architecture, Alex brings a variety of skills to ensure that planning and coding recom- mendations are innovative and feasible. Alex is proficient in GIS applications, AutoCAD, and Adobe software to produce marketing quality visioning and document graphics. Education: ■ Master of City & Regional Planning / Georgia Institute of Technology ■ Master of Architecture / Georgia Institute of Technology ■ Bachelor of Science, concentration in Biology /Brown University Representatives Projects: ■ Cherokee Gateway Form -based Code (Ken- nesaw, GA) - Lead planner for developing a new form -based code for the Cherokee Street gateway into the historic downtown. ■ Stone Mountain CID Signage Update (DeKalb County, GA) - Lead planner for a creating an update to the existing Mountain Industrial overlay to control signage on the corridor. ■ Rezoning Cases for Hedgewood Homes (At- lanta, GA) - Applicant on rezoning several in -town properties for more urban -oriented housing. ■ Butts County Design Guidelines* (Butts Coun- ty, GA) - Lead urban designer for developing an overlay for the undeveloped portion of Butts County near the interstate. ■ Highway 138 Design Guidelines* (Clayton County, GA) - Urban designer for expanding the existing overlay for the Highway 138 corri- dor in Clayton County and developed a new set of design guidelines. ■ Lithonia Form -based Code* (Lithonia, GA) - Lead urban designer/ assistant project man- ager for developing a form -based code for the downtown area of historic Lithonia. ■ Cherry Hills Design Guidelines* (Clayton Coun- ty, GA) - Lead urban designer for developing an overlay for the Cherry Hills area, just South of the airport as well as design guidelines. *Noted representative projects completed while with another firm. BEN WOODROW G ILES, AICP, LEER AP Woody is a community planner specializing in land use planning, community involvement, transportation planning, and coding. With previ- ous work experience in the public sector, Woody brings policy and implementation knowledge to projects of all types and scales from neigh- borhood mapping and rezoning applications to comprehensive planning. Education: ■ Master of City & Regional Planning / Georgia Institute of Technology ■ Bachelor of Arts in English & Spanish / Wake Forest University Representatives Projects: ■ Banks Crossing Overlay District ■ Town of Blythewood Town Center District ■ Hapeville Mixed Use Zoning ■ Decatur Strategic Plan Update ■ Crabapple SmartCode ■ Park Place Multimodal Mixed-use Center ■ Suwanee Downtown Master Plan Update HEATHER H BBLE, AIA, LEED AP, CDT Heather Hubble is TSW's Building Code Analyst. Heather specializes in understanding the com- monalities and differences between the Interna- tional Building Code and Life Safety Code. Heath- er reviews and collaborates with the Planning Studio on zoning codes to ensure that the new code language and updates to zoning codes do not conflict with the current Georgia State Mandatory Construction Codes. Heather strongly believes in the equality standards mandated for the Fair Housing Act and Americans with Disability Act and the sustainable energy requirements of the 2009 International Energy Code. Compliance with these codes in construction, zoning, and design is a personal goal for Heather. Education: ■ Bachelor of Architecture / University of Tennessee Representatives Projects: ■ Decatur Unified Development Ordinance ■ Crabapple SmartCode ■ Woodstock Downtown ■ Suwanee Police Substation Training Center ■ Cobb County Tennis Centers 4 TSW TEAM: CITY OF MILTON PREPARATION OF A UNIFIED DEVELOPMENT CODE: RFQ 17-CD01 BRYAN BAYS, PLA Bryan, a Senior Principal with TSW, focuses on sustainability for landscape architecture proj- ects, often exceeding project goals for water resources management, connectivity, preserva- tion of open spaces, and project budget. Education: ■ Bachelor of Science in Landscape Architecture / Purdue University Representatives Projects: ■ Gwinnett County On -Demand LA Services ■ 100 Peachtree Plaza ■ Atlanta Botanical Garden Expansion ■ Gulf Shores Downtown Waterfront Park and Civic Plaza ■ Lawrenceville Lawn Amphitheater ■ Emory Village Streetscapes BOB WILLIAMS, PE Bob has more than 27 years of consulting expe- rience in Civil, Environmental and Structural En- gineering and construction. He is accomplished in Municipal, Residential, Commercial and In- dustrial site development, planning and review. He is experienced in all phases of project de- velopment, from proposal preparation through design/permitting and construction to project closeout and dedication. Education: ■ Bachelor's Degree, Civil / Construction Engineering / New Jersey Institute of Technology ■ US Army Command and General Staff College, Phase 1 ■ US Army Combined Services Staff School Representatives Projects: ■ Decatur Unified Development Ordinance ■ McDonough Unified Development Ordinance ■ Snellville Unified Development Ordinance ■ Snellville Town Center Code ■ City of Duluth Master Plan for Downtown Stormwater Detention ■ City of Acworth On -Call Engineering Services ■ City of Flowery Branch On -Call Engineering Services HEIKE SLINI N, PE, LEED AB Heike has over 19 years of experience provid- ing a wide range of civil engineering and site services from municipal and commercial proj- ect to heavy industrial and military projects. She is the lead in providing engineering services for several of our local government on-call services for civil review and City Engineer role. She has a strong background in project management; grading, hydraulic and hydrological design and erosion control measures; developing civil con- struction plans consisting of site, grading, drain- age and underground utilities; and permitting through many regulatory agencies. She has extensive experience in performing plan reviews, conducting site visits and meeting with clients to provide project solutions. Cities she has served include: Cities of Acworth, Flow- ery Branch, Sugar Hill, Clarkston and Chamblee, among others. Education: ■ Bachelor of Civil Engineering / Clemson University Representatives Projects: ■ Decatur Unified Development Ordinance ■ City of Acworth On -Call Engineering Services • City of Chamblee On -Call Planning & Engi- neering Services ■ City of Chamblee Development Code Up- date, Environmental Standards ■ City of Newnan Culvert Replacement & Flood Study ■ Hartsfield -Jackson Atlanta International Air- port Engineering On -Call Services ■ City of Sugar Hill East Regional Stormwater Management Pond ■ City of Riverdale Community Center TSW TEAM: CITY OF MILTON PREPARATION OF A UNIFIED DEVELOPMENT CODE: RFO 17-CDOI 5 section c lip 31 A, The following list shows our team's extensive experience on similar zoning and development regulations in the southeastern United States. Detailed project sheets and references are located on the following pages. I ARKANSAS ■ Argenta District SmartCode GEORGIA ■ Almand Creek Mixed-use Development District ■ City of Atlanta Traditional Neighborhood Development Street Code ■ City of Atlanta Zoning Assessment ■ City of Atlanta Zoning Amendments ■ City of Augusta Sustainable District Code ■ City of Avondale Estates Zoning Audit ■ Cherokee County Bells Ferry Community Design Guidelines ■ City of Dalton Historic Infill District Code ■ City of Decatur Unified Development Ordinance ■ Emory Village Guidelines ■ Garden City Mixed-use District Code ■ City of Hapeville Mixed-use Codes ■ Henry County Activity Center Code ■ City of Kennesaw Form -Based Code ■ City of Lawrenceville Downtown Code ■ City of Marietta Commercial Corridor Design Overlay District ■ City of Milton Crabapple Form -Based Code ■ City of Milton Deerfield Form -Based Code ■ Newton County Diagnostic Report ■ Newton County Code ■ Perimeter Community Improvement Districts Phase I Code Assessment ■ City of Perry Form -Based Code ■ City of Roswell Diagnostic Report ■ City of Roswell Unified Development Code ■ City of Snellville Town Center Code ■ City of Snellville Unified Development Ordinance ■ City of Woodstock Downtown Code ■ Stone Mountain CID Overlay SOUTH ARO IA ■ Blythewood Town Center District Code ■ Blythewood Design Guidelines ■ Blythewood Sustainability Guidelines TENNESSEE ■ Oak Ridge TND Zoning Code 6 TSW TEAM: CITY OF MILTON PREPARATION OF A UNIFIED DEVELOPMENT CODE: RFQ 17-CDO1 Client: City of Decatur Angela Threadgill, Planner Director Phone: 404.371.8386 angelo.threadgill@ decaturgo.com Project Status: Adopted in November 2014 and was made effective February 2015 Project Overview: • Unified Development Code to support the vision of the 2010 Strategic Plan • Issues & Analysis Memo examined and analyzes existing plans and ordinances and determined inconsistencies and potential policy changes • Drafting process to include extensive community outreach CITY OF DECATUR UNIFIED DEVELOPMENT ORDINANC']" Decatur, Georgia In 2010 Decatur completed a 10 -year update to its Strategic Plan (led by TSW), which defined a community-based vision for its future and provided steps for the City to take to achieve it. During the planning process, discussion often focused on growth and development in context of a desire for the community to be environ- mentally, socially, and economically sustainability. As the City and its consultants looked at how to promote these ideas, it became clear that the regulations that guided growth in the City were often at odds with the Plan. For the Plan to be truly realized, it was determined that the City's development regulations must change. To align their regulations with the Strategic Plan in a progressive, user-friendly format, the City retained a team led by TSW to prepare a Unified Development Ordinance (UDO) combining zoning, subdivision, environmental, and other regulations into a legally sound and enforceable document. The first step in preparing the UDO was to understand which regulations needed to be updated and how to do so. The TSW Team first reviewed existing regulations for clarity, consistency, and content - particularly how well they supported the Strate- gic Plan - and developed a strategy for the UDO. Based on the direction provided by TSW and supported by public feedback, it was determined that 95% of the UDO would be a technical effort to reformat and clean up existing regulations, but would be 5% content changes requiring a public conversation in the following areas: ■ Options for creating new zoning districts and amending existing ones to align with the Plan's housing and mixed-use goals; ■ Options for significant revisions to post -development stormwater regulations; ■ Options for how to preserve community character, including discussion on histor- ic districts, expanded design standards, and demolition delay; and ■ Options for integrating sustainability into all aspects of the UDO. The team also developed an outline of the new UDO showing where the revised content would go, and how existing and new text would be seamlessly combined into a single user-friendly document. The UDO was adopted in November 2014 and was made effective February 2015. www.tsw-design.com TSW TEAM: CITY OF MILTON PREPARATION OF A UNIFIED DEVELOPMENT CODE: RFQ 1 7-CD01 7 Client. City of Roswell Brad Townsend, Planning & Zoning Director Phone: 770.641.3774 btownsend@roswellgov.com Project Status: Completed in 2014 Project Overview: ■ Unified Development Code to support the vision of the City's 2030 Comprehensive Plan and Economic Development Strategic Plan concepts • Diagnostic Report examined and analyzed existing plans and ordinances and determined inconsistencies and potential policy changes ■ Code expanded urban design standards citywide, provided new housing tools, and created a more user-friendly document CITY OF ROSWELL UNIFIED DEVELOPMENT CODE Roswell, Georgia In 2012, TSW, as part of a team led by Code Studio, was retained by the City of Roswell to prepare its new Unified Development Code (UDC). The UDC is intended to guide and support the vision of the recently adopted 2030 Comprehensive Plan, which described the city's future as a community of choice to live, work, and visit. Key elements of the UDC include: ■ Creating regulations that implement the 2030 Comprehensive Plan ■ Creating regulations that address market trends, incorporate best practices, and address contextual issues throughout the city ■ Incorporating regulatory recommendations that came out of the recently adopted Strategic Economic Development Plan ■ Removing or amending outdated standards ■ Removing redundancies and conflicts ■ Consolidating uses or use groups ■ Creating clear definitions and terminology • Providing graphics and illustrations to supplement written regulations ■ Crafting regulations that provide for effective administration enforcement The process began with the Diagnostic Report that reviewed and analyzed existing plans. Key findings from the analysis included the need for a number of changes to better accommodate infill and redevelopment and to make Roswell more eco- nomically competitive as well as more attractive to a broader range of new em- ployees and residents. Following affirmation of the direction provided by the Diagnostic Report by City Council, the team drafted the code. As part of this, TSW focused on the code's urban design provisions, district metrics, landscaping standards, and a review for usability and clarify. Adoption is anticipated in spring of 2014. 3.'.7. R$ 5: Single-FamIby Small Lc? 3 ; a. R,4. Sirvgte - .ulv Si a' Lot www.tsw-design.com 034 %l r<_.. scr...e1 ma�peuvv"ax-]wawa �raxnm _ 2.13, R.SIJeItml uarege Parking n G.- a«vw ya.aye condnxree aner x UDC mud mwt me rotavnng $' a gang.<pr� �mept m. apdwapk nqurenmenisb ennc,Pmapal pu:lang: or aces Y adore. <<pecrtiaE In mry Ga. roegange pixemwx mnl mann ore a trw Idbwm9 etan6uEv t _c•-:-FI•ts. 0an9e tloars are orrenmd nwsras the ange Oppr<rwa pe paadpre0 petwaen 5 n � ,ad plana x amg nP mw®tnpn ngx d vw w:¢n ofttw . Coal garage dra msY e.ceeC t? -.el. Gvpge Cows are orreaea tawPre; me w.Gvagc span moa be pvuo,we dlcaa:o AStl.. watl ptareatM noose Twra r; re n.vwrwn «� gdpge ewr w,em .n CM Ovag®tloory pl or . . AE slo. waA otun Poraga moa be bcaee aat lead 31eet baMntl me rmnr waM dare a me lwvve. t .. np5s {.P4: Ganga tlaa<ve orwmec OA � pzrpanecWar to the tmnt waA plane. Gxage is �. Garagciegxcea y me rear al G. aAeri:a4c. Gvagav pbceeem,drw mw rex a the twos antl �. Y essC p. a Garage Eaors moa bce Vro alley M garage moa euro Aev r gMa wpr w l»KKn«mw,r,ma rom r retre Fvwn9 "v Y c VM 9enga an0 the �eY �e 9srag mu Da � �, Y silm5'9 tl nre Y 9 ". �' a � $ TSW TEAM: CITY OF MILTON P REPARATION OF A UNIFIED DEVELOPMENT CODE: RFQ 17-CDOi Client: Newton County Kay Lee (former Director of The Center and now with Church Street Services, LLC) 2145 Church Street Covington, GA 30014 Phone: 404.312.8836 NEWTON COUNTY UNIFIED DEVELOPMENT CODE Newfon Counfy, Georgia In 2010, after years of work, the stakeholders of Newton County and its cities final- ized the 2050 Plan - a vision for how the county should grow over the next 40 years in a way that would preserve open space, concentrate development in areas with infrastructure, protect water quality, and make efficient use of public resources. Despite broad public support for the 2050 Plan, development is guided by different regulations in the County, Covington, Oxford, Porterdale, Mansfield, and Newborn, each of which supports the realization of the Plan to varying degrees, and none of which perfectly reflects the Plan's central theme of thinking about the County and its cities as a whole, rather than a collection of parts. To ensure that the County and its cities work together to achieve the 2050 Plan, TSW was retained to prepare the 2050 Plan Baseline Ordinance - a unified development code (UDC) that all jurisdic- tions would adopt and which would legalize the Plan's vision. Project status: In order to assess needs for the UDC, TSW first prepared the Diagnostic Report of lo - Completed in 2014 cal development regulations. In preparing the report, a variety of documents were sd by mol bu. R)pm+re lo.......... reviewed for their impacts on the 2050 Plan's Guiding Principles. This allowed TSW to Project overview: recommend changes where the regulations that did not support the Plan, and Iden- • Development of a unified development code that tify opportunities to create a user-friendly code. supports the 2050 Plan • Diagnostic Report examined Following the Diagnostic Report, TSW prepared a draft code calibrated to the limited and analyzed existing administrative capacity of local planning departments. Elements include: plans and ordinances and determined inconsistencies ■ The creation of flexible, loosely form -based "General Use Districts" for entitling and potential policy changes existing or new compact communities by -right; ■ Code incorporates flexible, form -based elements in • The retention of "Legacy Districts" for areas where the zoning would not change; certain areas, but avoids overly complicated 0The consolidation of over 700 permitted uses down to approximately 100; regulations that are . The incorporation of transfer of development rights; hard to administer ■ Revisions to subdivision regulations to incorporate "complete street" principles, greenways, and an interconnected street grid; and • Updates to environmental regulations to incorporate stormwater best management practices, water conservation, and more. The draft is current undergoing public review and should be adopted in late 2014. www.tsw-design.com TSW TEAM: CITY OF MILTON PREPARATION OF A UNIFIED DEVELOPMENT CODE: RFQ 17-CDO1 9 Article 2. Rules of Interpretation, nrenn Wnrtak1 grapnr aep sd by mol bu. R)pm+re lo.......... Oal'" ._1 n DYxhllbW.nbwkline rvce,nar Wpb.nb hnW,Naue PPrmg�let p TwmM10-ue.n TSW TEAM: CITY OF MILTON PREPARATION OF A UNIFIED DEVELOPMENT CODE: RFQ 17-CDO1 9 section d TSW has a stringent policy about only pursuing work that we have available staff for. The TSW Team has reviewed staff workloads for the estimated timeframe for this project. The following staff mem- bers that are included in Section B: Project Staffing will be assigned to the project, if awarded, and will remain on the project throughout its duration. If a staff member does need to be replaced because of unforeseen circumstances, the City of Milton will be notified immediately and that staff person will be replaced by another staff member with equal or greater qualifications and experi- ence. At the conclusion of contract negotiations, our team is committed and ready to commence work immediately. TSW's current workload includes: TSW Current Projects: ■ City of Atlanta Zoning Amendments ■ City of Snellville Unified Development Ordinance ■ McDonough Unified Development Ordinance section e TSW's Architecture Studio was in legal discussions with an Atlanta condominium homeowners asso- ciation regarding the resolution of construction deficiencies claims and the issue was settled 2014. This is the only legal matter TSW has been involved in or engaged in over the past 10 years. 10 TSW TEAM: CITY OF MILTON PREPARATION OF A UNIFIED DEVELOPMENT CODE: RFQ I i-CDO? appendix ADDITIONAL INFORMATIO "'OmE OF N'*- 1',1ABLISIRT) AXA, ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFQ 17-CDOI 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: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltongo.us I hereby acknowledge receipt of documents pertaining to the above referenced RFQ. COMPANY NAME: Tunnell-Spangler & Associates d/b/a TSW CONTACT PERSON: Caleb Racicot, Senior Principal ADDRESS: 1389 Peachtree Street NE, Suite 200 CITY: Atlanta PHONE: STATE: GA ZIP: 30309 404.873.6730 x1 31 EMAIL ADDRESS: cra Signature ADDENDUM #1 FAX: 404.874.6471 f@tsw-design.com January 9, 2017 Date TSW TEAM: CITY OF MILTON PREPARATION OF A UNIFIED DEVELOPMENT CODE: RFQ 17-CDOI I I TUNNE-1 OP ID: STN ACORl� CERTIFICATE OF LIABILITY INSURANCE �--�' DATE 3/20 1 7Y) 02/13!2017 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 Weymouth, Swayze & Corroon Ins P 0 Box 3939 CONTACT R. Bruce Swayze, CIC PHONE FAX AIC No Ext : 302-655-6323 A/C Ne ; 302-655-5487 Wilmington, DE 19807 Richard F Corroon E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: VALLEY FORGE INS XV A 20508 INSURED Tunnell Spangler Walsh & Assoc INSURER B: CONTINENTAL CASUALTY XV A 20443 DBA TSW CLAIMS -MADE OCCUR 1389 Peachtree St NE Ste 200 INSURER C : INSURER D: Atlanta, GA 30309 INSURER E: rTO RENTED PREMDAMAISES Ea occurrence S 1,000,000 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 1 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 LTR TYPE OF INSURANCE DDL N UBR V POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE OCCUR X X 6020707119 09/05/2016 09105!2017 rTO RENTED PREMDAMAISES Ea occurrence S 1,000,000 MED EXP (Any one person) S 10,000 PERSONAL & ADV INJURY S 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY ❑PRC JECT F—] LOC PRODUCTS -COMP/OP AGG S 4,000,00 Emp Ben $ 1,000,000 OTHER: AUTOMOBILE LIABILITY COMEaaccidBINEDentSINGLE LIMIT S 1,000,000 BODILY INJURY (Per person) S A ANY AUTO X X 6020707119 09/05/2016 09/05/2017 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) S PROPERTY DAMAGE $ Per accident XX NON -OWNED HIRED AUTOS AUTOS $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 5,000,000 AGGREGATE S 5,000,000 B EXCESS LIAR I CLAIMS -MADE X X 6020707167 09/05/2016 09/05/2017 DED I X I RETENTION $ 10000 S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE❑ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Professional Liab AEH254029695 09/05/2016 09/05/2017 Occurrenc 2,000,000 Aggregate 4,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) GENERAL LIABILITY: City of Milton, its officials, employees, agents & volunteers are addl insured as their interest may appear in accordance with policy terms and conditions - coverage is primary and non-contributory with waiver of subrogation as per policy language provided CERTIFICATE HOLDER CANCELLATION CITYMIL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Milton Georgia ACCORDANCE WITH THE POLICY PROVISIONS. 13000 Deerfield Pkwy Ste 107E AUTHORIZED REPRESENTATIVE Milton, GA 30004 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ,acc3z© CERTIFICATE OF LIABILITY INSURANCE -DATE Y) DD/ 02,D8/20,7 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 have ADDITIONAL INSURED provisions or 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 LIMITS NAME: Risk Management De artment Wells Fargo Insurance Services USA, Inc. PHONE FAX Attn: Alejandra Evans(AJC, 2601 S. Bayshore Drive, Suite 1600 A/c No Ext): 866 443-8489 A/C, No): 800 889-0021 E-MAIL ADDRESS: work.com lrinetcom EACH OCCURRENCE $ Coconut Grove, FL 33133 INSURERS AFFORDING COVERAGE NAIC # INSURED TriNet HR Corporation and all its affiliates and subsidiaries Tunnell, Spangler & Assoc. Inc (Endorsed as alternate employer) 9000 Town Center Parkway INSURER A: Commerce & Industry Inc Co 19410 INSURER B: Illinois National Ins Co 23817 INSURER C: Ins Co State of Penn 19429 INSURER D: Nat'l Union Fire Ins Cc of Pittsburgh, PA 19445 Bradenton, FL 34202 INSURER E: New Hampshire Ins Co 23841 MED EXP (Anyoneperson) $ INSURER F: COVERAGES CERTIFICATE NUMBER: RFVIRIfnN1 NI IMRFR- HIS 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. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGETO RENTED CLAIMS -MADE DOCCUR PREMISES Ea occurrence $ MED EXP (Anyoneperson) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 7.POLICY PROJECT LOC AUTOMOBILE LIABILITY COMBINED SI Each accidentNGLE LIMIT $ BODILY INJURY Perperson) $ ANY AUTO BODILY INJURY (Per accident)$ OWNED AUTOS SCHEDULED ONLY AUTOS PROPERTY DAMAGE HIRED AUTOS NON -OWNED ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION S E E WORKERS AND EMPLOYERS' LIABILITY COMPENSATION Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? X 064568288 (CO) 064568292 GA ( ) 07/01/2016 07/01/2016 07/01/2017 07/01/2017 X PER ATUTE OTH- ER $2,000,000 E.L. EACH ACCIDENT (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-EA EMPLOYEE $2,000,000 E.L. DISEASE -POLICY LIMIT $2,000,000 See attached Waiver of Subrogation In favor of certificate holder DESCRIPTION OF OPERATIONS] LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required): Client ID: DHI Workers' Compensation coverage is limited to worksite employees of Tunnell, Spangler & Assoc. Inc through a co -employment agreement with TriNet HR Corporation and all affiliated entities. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED City of Milton BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE Attn: City Manager DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 13000 Deerfield Pkwy, Suite 107F AUTHORIZED REPRESENTATIVE Milton, GA 30004 ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ©1988.2015 ACORD CORPORATION. All rights reserved. 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 City of Milton: 13000 Deerfield Pkwy, Suite 107F Milton GA 30004 TriNet Client Number: 97R8 / DHI Client Name: Tunnell, Spangler & Assoc. Inc This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective See Accompanying Certificate Policy No. Endorsement No. Insured: TriNet HR Corp. See Accompanying Certificate Premium $ and all its affiliates & subsidiaries Insurance Company: See Accompanying Certificate WC 00 03 13 (Ed. 4-84) © 1983 National Council on Compensation Insurance. Counter Signed By o �ajz EXHIBIT "C" Please see Exhibit "A" and Exhibit "B.1" In the event of a conflict between these two Exhibits, the provisions of Exhibit "B. I" shall control. STATE OF _ COUNTY OF EXHIBIT "D" CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Tunnell, Spangler & Associates, Inc. Name of Contractor Preparation of a Unified Development Code Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 20 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 ,20 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: 12 STATE OF Georgia COUNTY OF Fulton HOME OF ' I:STA BI ISIiL1) 20116 CONTRACTOR AFFIDAVIT AND AGREEMENT (MUST BE RETURNED WITH QUALIFICATIONS) 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: 208896 Federal Work Authorization User Identification Number April 2009 Date of Authorization Tunnell-Spangler & Associates d/b/a TSW Name of Contractor Preparation of a Unified Development Code Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on Jan 11 , 2017 in Atlanta (city), Georgia (st ). Signature of Authorized Officer or Agent Caleb Racicot, Senior Principal Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 11 th DAY OF Janua 2017 , �vri�A - gotarV,F'ublic [NOTARY SEAL] My Commission Expires: ELIZ BEH PUBLIC LS —, Fv"0rn County State &G.. g1 My Comm. Expires January 7, 2018 TSW TEAM: CITY Of MILTON PPEPAIr/, li-)r'. Ci` UNIHED ;:.'JE. ,err.;.',, ' QDE RF'O' i? C_>C'. STATE OF _ COUNTY OF 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 Tunnell, Spangler & Associates, Inc. on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Contractor Preparation of a Unified Development Code Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 20 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 .20 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: EXHIBIT "F" The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: Please see Exhibit "13.2" HOME OF'THF EES I Q,AL TY CF 1 FE IN GEOBSi A' MILTO N'I 4 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: Fepruary 13, 2017 FROM: Steven Krokoff, City Manager AnPMnA ITFAA• Annrnvnl of tha fnllnwinn Subdivision Plat: Name of Development/ Action Comments/ Total Density Location # lots Acres 1. Brickmont Combine 2 LL 1048 Minor Plat Lots 2.016 .49 Lots / acre Webb Road MEETING DATE: Wednesday, February 22, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1APPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: /) YES (�fJ0 CITY ATTORNEY REVIEW REQUIRED: () YES (Xqo APPROVAL BY CITY ATTORNEY. () APPROVED / J NOT APPROVED PLACED ON AGENDA FOR: D -4127-12W") REMARKS: You= --- PHONE 678.242.25001 FAX: 678.242.2499 ®-G`rderi w , ; w��n --G rd 0 " 113000 Deerfield ga.us l www.el107 1 if Milton Gs �y _ .a,., En .a�.:ty 'Z. 1300D Deerfield Parkway, Suite 107 I Mil}on GA 30004 s To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on February 13, 2017 for the February 22, 2017 Regular Council Meeting Agenda Item: Approval of Subdivision Plats and Revisions Approval ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Attachment(s): Plat List, Location Map, Plats Consent Agenda Plats Staff Memo Page 2 of 5 Name of Development / Location Action Comments / # lots Total Acres Density 1. Brickmont LL 1048 Webb Road Minor Plat Combine 2 Lots 2.016 .49 Lots / acre Consent Agenda Plats Staff Memo Page 3 of 5 Consent Agenda Plats Staff Memo Page 4 of 5 Consent Agenda Plats Staff Memo Page 5 of 5 HOME OF'THE BEST QUALITY OF LIFIN GEORGIA' MILTOE ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 16, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Proclamation Recognizing Arbor Day MEETING DATE: Wednesday, February 22, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: /,14PPROVED ()NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (WO CITY ATTORNEY REVIEW REQUIRED: (J YES (4,1V0 APPROVAL BY CITY ATTORNEY. () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: &11171 )a n REMARKS: © * Youn PHONE: 678.242.25001 FAX: 678.242.2499 "Green`+ �* Infoftifyofmlltonga.us l www.clfyofmlNonga.us w n _mmuri o"v 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 -- - °_ =ao++� �a Proclamation ARBOR DAY 2017 WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, beautify our community, and are a source of joy and spiritual renewal; and WHEREAS, the City of Milton has been recognized for the eighth year in a row as a Tree City USA Community by Georgia Forestry Commission. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton hereby recognize and proclaim for the year 2017, February 17th as Arbor Day and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and our environment and make Milton an even greater place to live, work, and raise a family. Given under my hand and Seal of the City of Milton, Georgia on this 22nd day of February, 2017. ____________________________________ Joe Lockwood, Mayor HOME OP "HF BEST GUAL'fy OF ElO FOG N 'It MILT ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 15, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance of the City of Milton, Georgia to Revise the City's Procurement Policy with Respect to Engineering and Design -Related Services in Federally -Funded Road Construction Projects; to Provide for the Repeal of Conflicting Ordinances to Provide an Effective Date; and for Other Lawful Purposes. MEETING DATE: Wednesday, February 22, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,j�ES (J NO CITY ATTORNEY REVIEW REQUIRED: (,;/i'ES (J NO APPROVAL BY CITY ATTORNEY: (/APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 07.400" REMARKS: © it Your PHONE: 678.242.25001 FAX: 678.242,2499 'G teen .' �i`52 .;",'';� inio®cityofmiffonga.us l www.cffyofmiffonga.usOm munity •'.,�E,o,. .t WILOI]FE 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ' Page 1 of 11 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO REVISE THE CITY’S PROCUREMENT POLICY WITH RESPECT TO ENGINEERING AND DESIGN-RELATED SERVICES IN FEDERALLY- FUNDED ROAD CONSTRUCTION PROJECTS; TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER LAWFUL PURPOSES. The Council of the City of Milton hereby ordains, while in regularly called Council meeting on the 6th day of March, 2017 at 6:00 p.m., as follows: WHEREAS, pursuant to Section 6.31 of the City Charter of the City of Milton, and other powers vested in the City, the City is authorized to prescribe procedures for a system of centralized purchasing for the City; and, WHEREAS, the City has adopted a formal Purchasing Policy, codified at Chapter 2, Article VI, Division 11 of the City’s Code of Ordinances; and, WHEREAS, in accordance with 23 CFR § 1.11 and § 635.105, as well as its Stewardship and Oversight Agreement dated May 29, 2015 with the Federal Highway Administration, the Georgia Department of Transportation (GDOT) may delegate to local public agencies such as the City the authority to self-administer projects eligible for Federal-aid Highway Program (FAHP) funding; and WHEREAS, as a condition of eligibility to self-administer FAHP projects, GDOT requires that local public agencies adopt administrative policies and procedures for the procurement, management, and administration of engineering and design-related consultant services to be reimbursed in whole or in part with FAHP funding; and, WHEREAS, the City desires to adopt such administrative policies and procedures as are necessary to qualify for self-administration of FAHP projects, and desires that such policies and procedures comply with applicable law, including 40 U.S.C. § 1101-1104, 23 C.F.R. Part 172, and 2 C.F.R. Part 200; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS as follows: SECTION 1. That Chapter 2, Article VI, Division 11 of The Code of the City of Milton, Georgia, is hereby amended by removing the “reserved” designation for Section 2-628, and adopting as the text for that section the language attached hereto and incorporated herein by reference as Exhibit “A.” Page 2 of 11 SECTION 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are hereby repealed. SECTION 3. That this Ordinance shall become effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton, Georgia. SO ORDAINED this _____ day of March, 2017. Approved: _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (CITY SEAL) Exhibit A SEC. 2-628 PROCUREMENT OF ENGINEERING AND DESIGN SERVICES FOR PROJECTS USING FEDERAL AID HIGHWAY PROGRAM FUNDING (a) Applicability (1) Section 2-628 applies only to the procurement of engineering and design related services for projects involving Federal Aid Highway Program funds, where construction is to be performed by the Georgia Department of Transportation or under its direct or indirect supervision. (2) For purposes of this section, “engineering and design related services” means professional services of an architectural or engineering nature, or incidental services that members of the architectural and engineering professions (and individuals in their employ) may logically or justifiably perform, including program management, construction management, feasibility studies, preliminary engineering, design engineering, surveying, mapping, or architecture-related services. Excluded are services provided under any contract for construction work, including design-build contracts. (3) This section shall be interpreted to implement the federal procurement and contract administration requirements set forth at 40 U.S.C. § 1101-1104, 23 C.F.R. Part 172, and 2 C.F.R. Part 200, as may be amended in the future. (b) Competitive Negotiation/Qualifications-Based Selection (1) Primary Procurement Method. a. Except in the exceptional circumstances described in subsection (c), procurement of contracts subject to this section shall follow the Competitive Negotiation/Qualifications-Based Selection method set forth in this subsection. (2) Advertising of Solicitation. a. Solicitation shall be by public announcement, public advertisement, or any other public forum or method that assures qualified in-state and out-of-state contractors are given a fair opportunity to be considered for award of the contract. (3) Solicitation Process. a. Procurement may involve any of the following solicitation processes: 1. Issuance of a request for proposals for a specific project. 2. Issuance of a project-specific request for statements or letters of interest or qualifications, whereby responding contractors are ranked based on their qualifications. A request for proposals is then provided to three or more of the most highly qualified contractors. 3. Issuance of a generic request for statements or letters of interest or qualifications on an annual basis, with responses kept for future use. As projects are developed, a project-specific request for proposals is provided to three or more of the most highly qualified contractors with qualifications on file. b. Regardless of the solicitation process used, a request for proposal specific to the project, task, or service is required for evaluation of a contractor’s specific technical approach and qualifications. (4) Contents of Request for Proposal (RFP) Every RFP shall contain: a. A schedule of key dates for the procurement process and a submittal deadline for responses to the RFP which provides sufficient time for interested contractors to receive notice, prepare, and submit a proposal, which except in unusual circumstances may be not fewer than 14 calendar days from the date of issuance of the RFP. b. All information necessary for interested contractors to provide a response to the RFP that is sufficiently specific and detailed that responses can be fairly judged based on quality. c. A clear, accurate, and detailed description of the scope of work, technical requirements, and qualifications of contractors, necessary for the services to be rendered. The scope of work shall detail the purpose and description of the project, services to be performed, deliverables to be provided, estimated schedule for performance of the work, and applicable standards, specifications, and policies. d. Specification of the procedure the City will follow for holding additional discussions with the most highly qualified contractors following submission and initial evaluation of proposals. e. Specification of the contract type and method(s) of payment to be utilized in accordance with subsection (b)(5)(A) of this section. f. Identification of any special provisions or contract requirements associated with the solicited services. g. A requirement that the contractor identify and state the experience and qualifications of all key personnel who will work on the project. h. Notification that contractor or subcontractor suspension or debarment from work on federal contracts will disqualify a proposal. The RFP shall also contain a requirement that the contractor provide sufficient information to verify suspension and debarment status in accordance with 2 C.F.R. Part 1200 and 2 C.F.R. Part 180. The contractor shall be informed that its signature on any proposal or statement of qualifications constitutes an authorization to the City to ascertain the eligibility of the contractor to enter into a federally-funded contract, including without limitation confirmation of such eligibility on the federal government’s Award Management website (www.sam.gov). In addition, the contractor and any subcontractor shall be required to certify as to their own current eligibility status, as well as that of their principals. Failure to provide the certification will result in the disqualification of the proposal. i. If one has been assigned by the Georgia Department of Transportation, identification of the Disadvantaged Business Enterprise (DBE) contract participation goal for the project. j. The requirement that submission of any requested cost proposals or elements of cost be in a concealed format and separate from technical/qualifications proposals, as cost shall not be considered in the evaluation, ranking, and selection phase. k. Identification of all evaluation factors that will be used, including their relative weight of importance. Evaluation factors shall comply with the following minimum requirements: 1. While the contract will be with the prime contractor, proposal evaluations shall consider the qualifications of the prime contractor and any subcontractors identified within the proposal. 2. Criteria used for evaluation, ranking, and selection of contractors must assess the demonstrated competence and qualifications for the type of professional services solicited. These qualifications-based factors may include, but are not limited to, pre-qualification in the appropriate technical areas by the Georgia Department of Transportation, technical approach (e.g., project understanding, suggestion of innovative concepts or alternatives, quality control procedures), work experience, specialized expertise, professional licensure, staff capabilities, workload capacity, and past performance. 3. Price shall not be used as a factor in the evaluation, ranking, and selection phase. This includes all price or cost related items such as cost proposals, direct salaries/wage rates, indirect cost rates, and other direct costs. 4. In-state presence shall not be used as a factor in the evaluation, ranking, and selection phase. However, compliance with state licensing laws and professional licensure within a jurisdiction may be established as a requirement. 5. The following non-qualifications based evaluation criteria are permitted, provided the combined total of these criteria do not exceed ten percent of weight given all evaluation criteria: A. A local presence may be used as a nominal evaluation factor where appropriate. This criterion shall not be based on political or jurisdictional boundaries and may be applied on a project-by-project basis for contracts where a need has been established for a contractor to provide a local presence, a local presence will add value to the quality and efficiency of the project, and application of this criteria leaves an appropriate number of qualified contractors, given the nature and size of the project. If a contractor outside of the local area indicates as part of a proposal that it will satisfy the criteria in some manner, such as establishing a local project office, that commitment shall be considered to have satisfied the local presence criterion. B. The contractor’s Disadvantaged Business Enterprise (DBE) policy and practices, and the proposed participation of qualified and certified DBE subcontractors, may be used as a nominal evaluation criterion where appropriate in accordance with 49 C.F.R. Part 26. However, if a DBE goal has been established for the contract, the contractor’s DBE qualifications cannot be used as a scoring criterion. (5) Evaluation and Negotiation Process a. Evaluation and Ranking of Proposals 1. Following submission, proposals shall be evaluated and initially ranked based on the criteria established within the public solicitation. 2. Next, the City shall conduct interviews or other types of discussions with no fewer than three of the most highly-ranked contractors to clarify as necessary the technical approach, qualifications, and capabilities provided in response to the RFP. (If only two or three qualified proposals are received, the City shall interview all qualified contractors.) Discussions may be written, by telephone, video conference, or by oral presentation/interview, or may be waived if proposals contain sufficient information for evaluation of technical approach and qualifications to perform the specific project, task, or service with respect to established criteria. In instances where only two qualified contractors respond to the solicitation, the City may proceed with evaluation and selection if it is determined that the solicitation did not contain conditions or requirements that arbitrarily limited competition. In instances where only one qualified contractor responds to the solicitation, the City shall take reasonable steps to obtain more submissions, including extending the submission deadline or cancelling, modifying and re-advertising the procurement. If these steps remain insufficient to obtain at least two qualified contractor responses, the City may cancel the project or it may proceed with the evaluation/award process and, in consultation with GDOT, prepare a request for non-competitive award approval, which will be sent to FHWA. 3. From the proposal evaluation and any subsequent discussions that have been conducted, the City of Milton shall establish a final ranking, in order of preference, of at least three contractors determined most highly qualified to perform the solicited services based on the established and published criteria. 4. Notification regarding selection of the three most highly-ranked contractor shall be provided to all responding contractors. 5. The City shall then begin negotiations with the top-ranked contractor as set forth below. b. Procurement of Independent Price Estimate 1. Before negotiating with the top-ranked contractor over price, the City shall prepare a detailed independent estimate with an appropriate breakdown of the work or labor hours, types or classifications of labor required, other direct costs, and a fixed fee for the defined scope of work. The independent estimate shall serve as the basis for negotiation and ensuring the contractor services are obtained at a fair and reasonable cost. 2. Elements of contract costs (e.g., indirect cost rates, direct salary or wage rates, fixed fee, and other direct costs) shall be established separately in accordance with 23 C.F.R. § 172.11, and used to ensure the contractor services are obtained at a fair and reasonable cost. 3. In determining fair and reasonable compensation, the City will consider the scope, complexity, professional nature and estimated value of the serves to be rendered. c. Contract Provisions 1. In negotiating a contract, the City shall select one of the approved contract types specified at 23 C.F.R. § 172.9(a) and shall include in the contract all of the appropriate provisions specified in 23 C.F.R. § 172.9(a). 2. The contract shall state the method of payment that will be used. Permissible methods of payment are specified in 23 C.F.R. 172.9(b). 3. The contract may withhold retainage under the conditions specified in 23 C.F.R. 172.9(b)(6). 4. The contract shall require the contractor to be responsible for accounting for costs appropriately and for maintaining records, including supporting documentation, adequate to demonstrate that all costs claimed have been incurred, are allocable to the contract, and comply with federal cost principles. The contract shall provide that if a contractor charges unallowable costs, the City may pursue all available administrative, contractual, or legal remedies and impose such sanctions and penalties as may be appropriate. 5. Each contract shall also contain all of the provisions specified in 23 C.F.R. 172.9(c). For this purpose, the City may incorporate (and modify as necessary) acceptable provisions developed by the Georgia Department of Transportation, including those provisions set forth at Section 7.18 of the GDOT Transportation Services Procurement Manual. d. Negotiation 1. Negotiations shall proceed in order of ranking. After obtaining an independent price estimate, the City shall negotiate the terms of the contract, including price, with the top-ranked proposer. If the City is unable to negotiate a satisfactory contract, it shall formally terminate negotiations and then undertake negotiations with the next highest ranked proposer, and so on, continuing the process until an agreement is reached. If the City is unable to negotiate a satisfactory contract with any of the most qualified proposers, it shall select additional proposers in order of their competence and qualification and continue negotiations in accordance with this section until a satisfactory contract is achieved. 2. The negotiated contract shall allow only costs or prices that are allowable in accordance with federal cost principles. The City shall comply with the requirements of 23 U.S.C. § 112(b)(2) and 23 C.F.R. § 172.11(b) in calculating and negotiating contract costs or prices. 3. To the extent the City uses an accepted cost rate or is involved in reviewing a cost rate proposal, it shall comply with the requirements of 23 C.F.R. 172.11(c) and (d). 4. If concealed cost proposals were submitted in conjunction with technical/qualifications proposals, only the cost proposal of the contractor with which negotiations are initiated may be considered (cost proposals of multiple proposers may not be compared). Concealed cost proposals of contractors with which negotiations are not initiated should be returned to the respective contractor due to the confidential nature of this information (as specified in 23 U.S.C. § 112(b)(2)(E)). (c) Alternatives to Competitive Negotiation/Qualifications-Based Selection Requirement (1) Alternative Procurement Methods. a. When appropriate, the “Small Purchase” method or the “Noncompetitive” method of procurement may be used instead of the Competitive Negotiations/Qualifications-Based Selection method. The City shall document the reasoning for selecting an alternative procurement method in the procurement file. (2) Small Purchase/Simplified Acquisition Method. a. Applicability 1. The Small Purchase method may be used in the procurement of engineering and design related services where the total contract costs do not exceed the lesser of (a) the federal simplified acquisition threshold, which is $150,000 (subject to updating at 2 C.F.R. § 200.88); or (b) the state simplified acquisition threshold, which is $75,000 (subject to updating at O.C.G.A. § 50-22-7(d)). 2. Contracts procured under the Small Purchase method may not subsequently be modified or amended such that the total contract amount exceeds the threshold amount stated above. 3. The scope of work, project phases, and contract requirements shall not be broken down into smaller components merely to permit the use of Small Purchase procedures. b. Method of Procurement 1. For Small Purchase procurement, the City shall follow its standard procurement methods, subject to the following requirements: A. The City shall review submissions from a minimum of three contractors. In instances where only two qualified contractors respond to the solicitation, the City may proceed with evaluation and selection if it is determined that the solicitation did not contain conditions or requirements that arbitrarily limited competition. B. The allowability of costs shall be determined in accordance with federal cost principles. (3) Noncompetitive Method. a. Applicability 1. The Noncompetitive method shall be used only upon the joint recommendation of the Public Works Director and the Procurement Manager, based upon one of the following justifications: A. The service is available only from a single source; B. There is an emergency which will not permit the time necessary to conduct competitive negotiations; or C. After solicitation of a number of sources, competition is determined to be inadequate. 2. The City must submit justification to the Federal Highway Administration (FHWA) and receive approval before using this method of contracting. The only exception to this is in the event of an emergency purchase where it is not feasible to obtain approval prior to performing work. In this event, the City shall proceed with the work and gather the information necessitating the emergency purchase and submit to FHWA as soon as practical. b. Method of Procurement 1. The City shall use its standard noncompetitive procurement procedures, provided that the allowability of costs shall be determined in accordance with federal cost principles. (d) Additional Requirements for Contract Procurement and Administration (1) Conflicts of Interest. a. No employee, officer, or agent of the City may participate in the selection or in the award or administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict arises when there is a financial or other interest in the contractor selected for award by: 1. The employee, officer, or agent; 2. Any member of his or her immediate family; 3. His or her partner; or 4. An organization that employs or is about to employ any of the above. b. The City’s officers, employees, and agents shall neither solicit nor accept gratuities, favors, or anything of monetary value (other than de minimis items such as a pad of paper or bottle of water) from current or potential contractors or subcontractors. c. The City shall promptly disclose in writing any potential conflict of interest to the Georgia Department of Transportation and the Federal Highway Administration. d. The City’s officers, employees, and agents shall comply with the additional ethical requirements set forth in Section 2-622 of the City of Milton Ordinances, the City of Milton Ethics Code, and the ethics regulations set forth at 23 C.F.R. § 1.33 and 2 C.F.R. § 200.112. (2) Contractor Services in Management Support Roles. a. Before procuring a contract for management support services under this sect ion, the City shall receive approval from the Federal Highway Administration. The City shall also comply with all provisions of 23 C.F.R. § 172.7(b)(5). (3) Confirming Contractor Eligibility. a. Before entering into any contract procured under this section, the City shall verify that the contractor (and subcontractors, if applicable) is not subject to suspension and debarment actions, as specified in 2 C.F.R. Part 1200 and 2 C.F.R. Part 180. (4) Contract Modifications. a. In any situation where contracts procured under this section are modified, modification shall comply with all provisions of 23 C.F.R. § 172.9(e). (5) Disadvantaged Business Enterprise Provisions a. In procurement and contracting, the use of quotas or exclusive set-asides for DBE contractors is prohibited. (6) Appointment of Responsible Contract Manager. a. For each contract procured under this section, the City shall appoint a qualified, full-time, public employee of the City to ensure that the work delivered under contract is complete, accurate, and consistent with the terms, conditions, and specifications of the contract. While an independent contractor may be procured to serve in a program or project management support role, or to provide technical assistance in review and acceptance of engineering and design rel ated services performed and products developed by other contractors, the City shall designate a public employee as being in responsible charge of the contract. A public employee may serve in responsible charge of multiple projects and the City may use multiple public employees to fulfill monitoring responsibilities. The duties of the responsible public employee shall be as set forth at 23 C.F.R. § 172.9(d)(1). (7) Performance Evaluation. a. At the appropriate time, the City shall prepare an evaluation summarizing the contractor's performance on any contract procured under this section. The contents and handling of the evaluation shall be as set forth at 23 C.F.R. § 172.9(d)(2). The evaluation shall be stored to allow the contractor’s performance data to be used in the City’s future evaluation and ranking of the contractor’s ability to provide similar services. (8) Auditing of Contract Costs. a. In coordination with the Georgia Department of Transportation, the City shall ensure that any contract or subcontract awarded in accordance with this section shall be performed and audited as necessary to comply with 23 C.F.R. § 172.11. (9) Record Retention. a. In addition to any requirements imposed by Georgia law, and subject to the specific provisions of 2 C.F.R. § 200.333, the City shall retain documentation of the solicitation, proposal, evaluation, and ranking of the successful contractor, as well as negotiation activities and resources used in the analysis of costs to establish elements of the contract, for three years from the date that the City issues a final acceptance to the contractor of the construction project or the design consultant’s work is complete as defined in the contract, whichever is later. This documentation shall include the contractor cost certification and documentation supporting the acceptance of any indirect cost rate to be applied to the contract. (10) Monitoring, Enforcing, and Contract Close-Out. a. The City shall follow its standard procedures, in coordination with the Georgia Department of Transportation, for monitoring the contractor's work and compliance with the terms, conditions, and specifications of the contract; determining whether the contractor has complied with the terms of the contract and pursuing appropriate legal remedies; and closing out a contract. HOME OF'THE BEST QUALITY OF UFE IN GEORGIA' an MILTON'S ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 13, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to HDRA LLC, dba Ichiban Steak & Sushi, 5306 Windward Parkway, Milton, Georgia 30004. MEETING DATE: Wednesday, February 22, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (k,<PPROVED (/ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (,,}'NO CITY ATTORNEY REVIEW REQUIRED: () YES `ANO APPROVAL BY CITY ATTORNEY. ()APPROVED (/ NOT APPROVED PLACED ON AGENDA FOR: oi/:14700 REMARKS: y Pon( PHONE: 678.242.25001 FAX: 678.242.2499 'Green • ''r.•msd* $r. iMoQcityofmlltonga.us l w xItyofmiltonga.us wr Communi cava 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - __•••Eo ••a•:a� To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on January 27, 2017, for the February 22, 2017 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to HDRA LLC, dba Ichiban Steak & Sushi, 5306 Windward Parkway, Milton, Georgia 30004 ____________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for HDRA LLC, dba Ichiban Steak & Sushi for Consumption on Premises: Wine, Malt Beverages and Distilled Spirits. 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 change of corporate business name and ownership. Staff has processed the application and recommends issuance of the applicable license for: Business Name: HDRA LLC, dba Ichiban Steak & Sushi Contact Name: Yul Ku Lee Business Address: 5306 Windward Parkway, Milton, GA 30004 Type of License: Package Retail – Wine, Malt Beverages and Distilled Spirits 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: Steven Krokoff, City Manager Kathleen Field, Director of Community Development Attachment(s): None. HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MltTON't ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 13, 2017 FROM: Steven Krokoff, City Manager a AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Sirus Trading Investment LLC, dba 1 Love NY Pizza, 980 Birmingham Road, Milton, Georgia 30004. MEETING DATE: Wednesday, February 22, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ({,KPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: / J YES („^O CITY ATTORNEY REVIEW REQUIRED: (J YES („i N0 APPROVAL BY CITY ATTORNEY. () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: bi)'+zJ twa REMARKS: © y Your., tfflG"seen ..• = *'c w a`fe PHONE: 678.242.25001 FAX: 678.242.2499 Gry�, Info@clyofmlltonga.uslw xIyalmlBonga.us 111L111nCommunity a 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on January 27, 2017, for the February 22, 2017 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Sirus Trading Investment LLC, dba I Love NY Pizza, 980 Birmingham Road, Milton, Georgia 30004 ____________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for Sirus Trading Investment LLC, dba I Love NY Pizza for Consumption on Premises: 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 change of corporate business name and ownership. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Sirus Trading Investment LLC, dba I Love NY Pizza Contact Name: Kamil Kaya Business Address: 980 Birmingham Road, 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: Steven Krokoff, City Manager Kathleen Field, Director of Community Development Attachment(s): None. HOME OF' HE BEST QUALITY OF LIFE M -GEORGIA MILTON!ESTABLISHED2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 13, 2017 FROM: Steven Krokoff, City ManagerD AGENDA ITEM: Consideration of RZ17-01 -Text Amendment to AG -1 (Agricultural) District, Development Standards in Section 64- 416 of Chapter 64 of the Zoning Ordinance. MEETING DATE: Wednesday, February 22, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: QlAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: N -(YES () NO CITY ATTORNEY REVIEW REQUIRED': / (1YES ES (J NO APPROVAL BY CITY y� ATTORNEY: APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: uLliII116^ REMARKS: ©» Tuulln PHONE: 678.242.25001 FAX: 678.242.2499 infoOcltyofmiltonga.us l w .cllyofmlltongc.us wr Community i 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - - c Page 1 of 1 To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: January 31, 2017 prepared for the February 22, 2017 City Council Meeting. (First Presentation – February 6, 2017) Re: RZ17-01 – Consideration to amend the AG-1 (Agricultural) District, Development Standards in Sec. 64-416 of Chapter 64 of the Zoning Ordinance. Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: Background The purpose of this text amendment is to clarify the language concerning the applicability of architectural review for minor and subdivision and single lots of record that are no longer subject to the requirements of the Rural Viewshed. Results of the January 25, 2017 Planning Commission Meeting The Planning Commission recommended approval as proposed by Staff, unanimously, 5-0. In addition, they believed that larger estate lots should be required to meet the Rural Viewshed requirements in addition to the architectural review. If this was the situation, it would assist in further preserving the overall viewshed in the City. Funding and Fiscal Impact: There will be no impact if this text amendment is approved. Alternatives: The Mayor and City Council may approve or deny the amendment as proposed and/or recommend further amendments to the text amendment discussed. Legal Review: Paul Frickey - Jarrard & Davis (December, 2016) Attachment(s): RZ17-01 text amendment and ordinance. 2/16/20172/1/20171/31/2017 RZ17-01 - Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on February 22, 2017. (First Presentation on February 6, 2017, Work Session on February 13, 2017) Page 1 of 3 DIVISION 2. - AG-1 AGRICULTURAL DISTRICT Sec. 64-416. - Development standards. (a) No building shall exceed 40 feet in height except for single family dwellings, see Sec. 64 -1141 (c). (b) Minimum front yard shall be 60 feet. (c) Minimum side yard shall be as follows: (1) Adjacent to interior line: 25 feet. (2) Adjacent to street: 40 feet. (d) Minimum rear yard shall be 50 feet. (e) Minimum lot area shall be as follows: (1) One acre with frontage on paved road. (2) Three acres with frontage on unpaved road. (f) Minimum lot width shall be 100 feet. (g) Minimum lot frontage shall be 35 feet adjoining a street. (h) Minimum heated floor area. There is no minimum heated floor area in this dis trict. (i) Minimum accessory structure requirements. Accessory structures may be located in rear or side yards but shall not be located within a minimum yard. (j) Entrances off of a public right-of-way for subdivisions with more than three lots shall be rural, simple and rustic in design. These entrances shall be subject to the approval of the city architect. These entrances shall comply with the following requirements: (1) Signage shall be one of the following designs: a. Shingle style b. Sign mounted in or on pillar i. Pillar shall not exceed eight (8) feet in height. (2) Walls: a. Knee walls may be utilized where required by existing topography and shall not exceed 20 linear feet on either side of the subdivision’s road entranc e. i. Knee walls shall be constructed of natural materials such as boulders, stacked stone, or wood formed brick or materials designed to give the appearance of such natural materials. Stucco is prohibited. (3) Gate or guard structures shall be setback a m inimum of 60 feet from the exterior street’s right of way. (4) No water features are permitted. 2/16/20172/1/20171/31/2017 RZ17-01 - Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on February 22, 2017. (First Presentation on February 6, 2017, Work Session on February 13, 2017) Page 2 of 3 (k) Rural viewshed.- The following requirements of this subsection shall only apply to subdivisions with more than three lots. The requirements of this subsection except for Section 64-416(k)(4) shall not apply to a single lot of record or to subdivisions with three or less lots where no individual lot abuts an exterior street. (1) Provide a 40-foot primary rural viewshed setback from all proposed Milton Trail or sidewalk easements or proposed rights-of-way, whichever is more restrictive, along the exterior streets for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets: a. No disturbance within the 40 foot primary rural viewshed setback shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the design committee. b. Driveways accessing exterior streets shall be prohibited within the 40 -foot primary rural viewshed setback, except where they cross the rural viewshed in a perpendicular manner. c. Individual septic systems may be installed in the primary rural viewshed setback with an approved primary variance if the primary and secondary septic fields fail and the property may be condemned by the Fulton County Health Department without such variance. The property owner shall provide proof of such potential condemnation prior to the application for a primary variance. (2) Provide a 20-foot secondary rural viewshed s etback from the primary rural viewshed setback for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets; a. Individual septic systems may be installed in the secondary rural viewshed setback with an approved primary variance. b. Driveways accessing exterior streets shall be prohibited within the 20 -foot secondary rural viewshed setback, except where they cross the rural viewshed in a perpendicular manner. c. No disturbance within the 20 foot secondary rural viewshed setb ack shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the design committee. (3) The intent of the rural viewshed is to preserve the bucolic views from the roads throughout the Rural Milton Overlay. The views may contain natural vegetation as well as equestrian related structures and uses. It is the intent to utilize the existing vegetation when possible as well as provide additional native plantings to enhance the existing viewshed when needed. a. When performing a design review of the primary rural viewshed and secondary rural viewshed setbacks, the design committee shall address the following: i. Evaluation of current state of site including vegetation, both the primary and secondary rural viewshed setbacks; ii. Determination of whether existing vegetation should be removed or vegetation should be planted to enhance the rural viewshed; iii. Consideration of whether screening of the structures is necessary; and iv. Consideration of the existence of pastoral or agricultural operations in area. (4) For structures located on lots subject to a rural viewshed, an architectural review process is required. Such process will include a review of building elevations and landscape plans by the city architect. These structures shall be designed with 360 -degree architecture and shall meet the intent of section 64-1151; and 2/16/20172/1/20171/31/2017 RZ17-01 - Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on February 22, 2017. (First Presentation on February 6, 2017, Work Session on February 13, 2017) Page 3 of 3 (5) After issuance of the necessary permits to disturb the property but before the required pre - construction meeting, the developer shall install a 4 foot high orange tree save fence at least at the combined primary rural viewshed and secondary rural viewshed setback measured from the proposed Milton Trail or sidewalk easement or the proposed right of way. The fence shall be installed so as to protect heritage trees, protected trees and specimen trees as defined in Chapter 60 of the City Code or any other significant vegetation as determined by the city arborist. Location of such fencing shall be approved by the city arborist. In addition, a sign shall be posted on the fence every 25 feet indicating “rural viewshed” Tree save fence shall be removed at such time as the issuance of a certificate of occupancy for each lot abutting the viewshed is issued.; (6) Notwithstanding anything to the contrary in this subsection, agricultural operations may occur in the primary rural viewshed and secondary rural viewshed setbacks. (7) Prior to the transfer of any legal interest in an AG-1 zoned parcel that is subject to a rural viewshed, every legal or beneficial owner of such a parcel shall ensure that there is recorded in the chain of title for the parcel an Affidavit stating the following: “At the time of the execution of this Affidavit, the property with respect t o which this Affidavit is filed is subject to certain restrictions contained in the City of Milton Zoning Ordinance, located in Chapter 64 of the Code of Ordinances of the City of Milton, Georgia. Such restrictions may include restrictions on development and disturbance of property located in the rural viewshed, which includes portions of property adjacent to streets not located within a platted subdivision.” In addition, a copy of the Affidavit must be provided to any transferee of a legal interest in the parcel no later than the final closing of the transfer. (l) Architectural Review of structures – The following requirements are for structures located on single lot of record or a subdivision with less than four lots that abut an exterior street. (1) An architectural review process is required shall include a review of building elevations and landscape plans by the city architect. (2) These structures shall be designed with 360-degree architecture and shall meet the intent of section 64-1151 STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ17-01 AN ORDINANCE TO AMEND THE AG-1 (AGRICULTURAL) DISTRICT, DEVELOPMENT STANDARDS IN SEC. 64-416 OF THE ZONING ORDINANCE. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on February 22, 2017 6:00 p.m. as follows: SECTION 1. That the amendment of the AG-1 District regarding architectural review in the Rural Viewshed in Chapter 64, Article VI, Division 2, in Sec. 64-416, Development Standards of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 22nd day of February, 2017. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' M I LTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 13, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution to Create the Milton Greenspace Advisory Committee (MGAC). MEETING DATE: Wednesday, February 22, 2017 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: (rJ ES () NO CITY ATTORNEY REVIEW REQUIRED: (yPES O NO APPROVAL BY CITY ATTORNEY: (PROVED () NOT APPROVED PLACED ON AGENDA FOR: -"4"/ ta0 REMARKS: ©VYoulm � a .*• PHONE: 678.242.25001 FAX: 678.242.2499 w' C'Greeiri ,w *cmom* * z Info®dlyofmilfonga.us I w .eXyofmlMonga.us w'OMBIUBIt a" a nw 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 111" Ye Page 1 of 3 STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION TO CREATE THE MILTON GREENSPACE ADVISORY COMMITTEE (MGAC) WHEREAS, on August 15, 2016 the Mayor and City Council for the City of Milton (the “City”) resolved that it and any other committee, commission or other designated advisory group over which the City Council has control or influence would consider certain criteria and factors that were identified in the August 15 Resolution in land acquisition decisions made with the proposed general obligation bond funds of up to $25 million in aggregate principal amount; and WHEREAS, on November 21, 2016 the City resolved to authorize the issuance of said bonds, subject to the affirmative ratification by a majority of the qualified voters voting in the November 8, 2016 Election; and WHEREAS, the ballot title for the proposed bonds was “Conservation Land, Wildlife Habitat, Natural Area, and Trails Bond;” WHEREAS, the purpose of the proposed bond funding was to “acquire conservation land and interests in conservation land for the purposes of providing recreational trails, protecting natural areas and wildlife habitat, preserving agriculture land, protecting the water qualify of rivers and streams and providing parks and park improvements;” WHEREAS, the November 21, 2016 bond referendum was successful; WHEREAS, for purposes of this Resolution, the bond will be referenced as the “Greenspace Bond,” WHEREAS, the City of Milton has deemed it advisable and in the best interests of the citizens of the City of Milton to create a Greenspace Advisory Committee to participate in the greenspace land selection and acquisition process in conjunction with City Council and staff, to facilitate achievement of the objectives of the Greenspace Bond goals, to establish policies and procedures to govern the committee, and to assist City Council and staff, on an as needed basis, with the financial oversight of the Greenspace Bond funds in relation to the land acquisition program; and WHEREAS, the City has determined that it would also be in the best interests of the citizens of Milton for the City Council to select the members of the Greenspace Advisory Committee through an open application process; NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Milton that: 1. Creation. There is hereby created the Milton Greenspace Advisory Committee (“MGAC”) whose mission and purpose shall be to, “participate in the greenspace land Page 2 of 3 selection and acquisition process in conjunction with City Council and staff, to facilitate achievement of the objectives of the Greenspace Bond goals, to establish policies and procedures to govern the committee, and to assist City Council and staff, on an as needed basis, with the financial oversight of the Greenspace Bond funds in relation to the land acquisition program” In addition, the MGAC shall use and consider certain criteria and factors in land acquisition decisions as resolved by the City Council Resolution No. 16-08- 379, dated August 15, 2016 and pursuant to the Greenspace Bond referendum ballot language approved by the majority of Milton voters voting in the November 8, 2016 election. 2. Membership. MGAC shall consist of the following: a. Seven (7) members; b. Four (4) members shall constitute a quorum for the conducting of business; c. Recommendations as to MGAC members shall be received based upon an open nomination process by Milton citizens; d. The Mayor and each City Council member shall be entitled to nominate a single MGAC member from the pool of recommended citizens; e. Every proposed MGAC member must be ratified by a majority of the Council before commencing service; f. Each MGAC member must swear an oath prior to commencement of service; g. MGAC members must be at least 21 years old; h. MGAC members are not required to reside in any specific Council district; but must be residents of Milton, Georgia; i. MGAC members, following appointment and swearing, shall be subject to the City of Milton Ethics Code, and shall be considered “City officials” under Section 2-798 of the Milton Code; j. The City Council may consider appointments to MGAC in executive session, as MGAC members are declared City officials. Any vote regarding appointment shall occur in open session; k. The City Council may remove a MGAC member, for convenience, upon majority vote of the Council; l. MGAC shall be subject to the State of Georgia Open Meetings Act, O.C.G.A. 50-14-1, et. seq; and, m. With respect to both formation, appointment, and operation, MGAC shall comply with Section 4.11 of the City Charter. To the extent this Resolution conflicts with Section 4.11 of the City Charter, the Charter shall control. 3. Governance. MGAC members shall select officers and may draft and adopt by laws. In the event that no MGAC-specific by laws or internal rules of procedure are adopted, MGAC shall be subject to the City Council’s adopted internal rules of procedure. Members may be required to sign confidentiality agreements relating to proposed land transactions that are to be considered for acquisition by the City. Members must also be able to fulfill the time commitment required to serve on the MGAC. Members must be willing to agree with the goals of the Milton Greenspace Bond program and work towards achieving those Page 3 of 3 goals for the best interests of the Milton community as a whole. Members of the MGAC shall undertake their respective duties in a volunteer capacity and shall not be compensated for any time or expenses associated with any assignment or function with respect to the MGAC. 4. Term. MGAC members’ terms shall be coterminous with the term of the City Council member that nominated them. Upon the expiration of a MGAC member’s term, members shall continue to serve until a replacement is chosen and approved by the Mayor and City Council. Members may be appointed to serve an unlimited number of terms. Should any member of the MGAC Board of Directors be unable to fulfill their duties for any reason, and following removal by the City Council, a replacement shall be appointed in a similar manner to which the Members were chosen initially. 5. Conduct of Business. MGAC shall meet at regular intervals as necessary to perform the tasks and duties associated with MGAC’s mission, including recommending actions to the city staff or Mayor and City Council. MGAC may establish and appoint representatives to as many committees and sub-committees as are determined to be necessary for the accomplishment of MGAC’s mission. 6. Volunteer Members. MGAC shall be authorized to utilize community volunteers to assist in accomplishing MGAC’s mission. Such volunteers shall not be considered MGAC members, but will function as liaisons to receive, disseminate, and provide information by and between the community and MGAC regarding the strategy, plans, and progress of implementing the Milton Greenspace bond program. 7. Staff. Staff of the City of Milton may attend the meetings of the MGAC but shall serve in no official capacity. City staff may assist the MGAC members in the fulfillment of the committee’s work. 8. Logo. MGAC may adopt an official logo for the MGAC. SO RESOLVED, this 22nd day of February, 2017. _______________________________ Mayor, Joe Lockwood Attest: __________________________ Sudie AM Gordon, City Clerk