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HomeMy WebLinkAboutAgenda Packet CC - 05/01/2017 - City Council Meeting Agenda Packet 2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, May 1, 2017 Regular Council Meeting Agenda 6:00 PM INVOCATION - Remco Brommet, Chaplain for the City of Milton Police and Fire 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. 17-106) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 1, 2017 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 5) CONSENT AGENDA 1. Approval of the April 10, 2017 Regular City Council Meeting Minutes. (Agenda Item No. 17-107) (Sudie Gordon, City Clerk) 2. Approval of an Intergovernmental Agreement Concerning the Processing Storage, and Control of Evidence within the City of Alpharetta by the City of Milton Police Department. (Agenda Item No. 17-108) (Rich Austin, Police Chief) 3. Approval of a Professional Services Agreement with BM&K, P.C. for City Program Management Services. (Agenda Item No. 17-109) (Carter Lucas, Assistant City Manager) 4. Approval of a Construction Services Agreement between the City of Milton and the Tomal Corporation for Guardrail Repairs on Hamby Road. (Agenda Item No. 17-110) (Carter Lucas, Assistant City Manager) 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Municipal Clerks Week. (Presented by Mayor Joe Lockwood) 2. Presentation of Downtown Milton/Crabapple Placemaking Plan. (Tunnell-Spangler-Walsh & Associates) 7) FIRST PRESENTATION 1. Consideration of An Ordinance of the City of Milton, Georgia to Amend Chapter 4, Alcoholic Beverages of the Code of the City of Milton, Georgia (Comprehensive Amendments). (Agenda Item No. 17-111) (Discussed at April 17, 2017 City Council Work Session) (Sarah LaDart, Economic Development Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 1, 2017 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 8) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATION PUBLIC HEARING 1. Consideration of the Issuance of an Alcohol Beverage License to Riddhi Investments LLC, dba Shell Food Mart, 15840 Birmingham Highway, Milton, Georgia 30004. (Agenda Item No. 17-112) (Bernadette Harvill, Finance Director) 2. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal 2017 Budget for Each Fund of the City of Milton, Georgia, Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 17- 097) (First Presentation at Apri l 24, 2017 Regular City Council Meeting) (Stacey Inglis, Assistant City Manager) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS 1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal 2017 Budget for Each Fund of the City of Milton, Georgia, Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 17- 097) (First Presentation at April 24, 2017 Regular City Council Meeting) (Stacey Inglis, Assistant City Manager) 11) NEW BUSINESS 1. Consideration of a Resolution to Establish a Fixed-Rate Civil Appearance Fee for Law Enforcement Officers of the City of Milton. (Agenda Item No. 17-113) (Rich Austin, Police Chief) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 1, 2017 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 2. Consideration of a Resolution to Accept Donation of a Firearm. (Agenda Item No. 17-114) (Rich Austin, Police Chief) 3. Consideration of A Resolution Appointing A Member to the City of Milton Board of Zoning Appeals for District 2/Post 1. (Agenda Item No. 17-115) (Mayor Joe Lockwood) 4. Council Consideration and Appointment of Milton Greenspace Advisory Committee Members. (Agenda Item No. 17-116) (City Attorney) 12) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Fire 2. Finance 3. Economic Development 13) EXECUTIVE SESSION (if needed) 14) ADJOURNMENT (Agenda Item No. 17-117) M ILTO N'lr ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 25, 2017 FROM: Steven Krokoff, City Manage(p AGENDA ITEM: Approval of an Intergovernmental Agreement Concerning the Processing, Storage, and Control of Evidence within the City of Alpharetta by the City of Milton Police Department MEETING DATE: Monday, May 1, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: Q,"APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.?'-YES () NO CITY ATTORNEY REVIEW REQUIRED: ( YES () NO APPROVAL BY CITY ATTORNEY. krAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: e15 -/e1/2617 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@?dtyofmiltonga.us 1 www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Rich Austin, Chief of Police Date: Submitted on April 20, 2017 for the May 1, 2017 Regular Council Meeting Agenda Item: Approval of an Intergovernmental Agreement Concerning the Processing, Storage, and Control of Evidence within the City of Alpharetta by the City of Milton Police Department __________________________________________________________________ Department Recommendation: To renew the intergovernmental agreement between the City of Milton and the City of Alpharetta regarding the processing, storage and control of evidence in which the City of Alpharetta Police Department handles these functions for the City of Milton. Executive Summary: This purpose of this IGA review is that the current IGA is set to expire in April 2017. There are no substantive changes in the existing IGA and the renewal. Funding and Fiscal Impact: Total cost not to exceed $5,000 per month under normal operating conditions. Any amount that exceeds $5,000 in a month would require approval from the Milton Police Chief, according to the agreement. Alternatives: If declined, the City of Milton would be responsible for relocating the existing property and evidence to an appropriate storage facility as well as any future property and evidence collected. Personnel would also need to be hired and trained to process and maintain City of Milton property and evidence. This alternative would also require significant policy change within the police department. Legal Review: Jeff Strickland – Jarrard & Davis 04/13/2017 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Intergovernmental Agreement Concerning the Processing, Storage, and Control of Evidence within the City of Alpharetta by the City of Milton Police Department Page 1 of 5 INTERGOVERNMENTAL AGREEMENT CONCERNING THE PROCESSING, STORAGE, AND CONTROL OF EVIDENCE WITHIN THE CITY OF ALPHARETTA BY THE CITY OF MILTON POLICE DEPARTMENT THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”), by and between the City of Alpharetta, Georgia (“Alpharetta”) and the City of Milton, Georgia (“Milton”) entered into this ______ day of ________________________, 2017. W I T N E S S E T H: WHEREAS, since April 16, 2007, Alpharetta has provided evidence storage services to Milton pursuant to an Intergovernmental Agreement that will terminate on April 17, 2017; and WHEREAS, the parties desire for Alpharetta to continue to provide evidence storage services to Milton as described in this new Agreement; and WHEREAS, the Parties are authorized to enter into this Agreement pursuant to Article IX, Section III, Paragraph I of the Constitution of the State of Georgia of 1983 regarding intergovernmental contracts. NOW, THEREFORE, it is agreed by and between the parties as follows: ARTICLE I GENERAL PURPOSE The general purpose of this Agreement is to provide an effective and efficient method for the processing, storage and control of evidence of Milton within the City of Alpharetta Public Safety Center located at 2565 Old Milton Parkway, Alpharetta, Georgia 30004 (“Center”), and to ensure an adequate chain of custody of all evidence and property seized and held by the above listed agencies. This Agreement is entered into by each party in the spirit of joint cooperation and mutual good will. ARTICLE II DEFINITION OF TERMS For the purpose of this Agreement, the terms defined in this Article shall have the meanings given them. “Party” means each of the two above named parties to this Agreement. “Milton” includes the City of Milton Police Department. Page 2 of 5 “Alpharetta” includes the City of Alpharetta Public Safety Department. “Officer” means any employee of the responding party, whether full time sworn, part time sworn, reserve, or civilian. “Property and Evidence Technician” means an employee of the City of Alpharetta who is responsible for evidence collection, processing and control in accordance with Alpharetta Police Department policies and state law. ARTICLE III PROCEDURE The Parties agree that the following procedures will govern the processing, storage and control of evidence by Alpharetta within the Center: Section 301. For security management purposes, the portion of the Center designated for evidence processing and storage shall be under the exclusive control of the City of Alpharetta and the Property and Evidence Technician. Section 302. Each party agrees that the Property and Evidence Technician is the designated evidence custodian for any evidence placed in the Center. Section 303. Each party agrees to follow any reasonable procedures established by the Property and Evidence Technician for placing evidence into storage. Section 304. The Property and Evidence Technician and the City of Alpharetta will maintain a record of all evidence placed into the Center, and when requested by any of the parties shall prepare reports concerning evidence submitted by their agency. Section 305. All parties agree to share the expense of supplies needed for packaging and submittal of evidence. This expense will be based on the percentage of use by each of the parties. Section 306. The Property and Evidence Technician, at no additional cost to Milton, will be available to Milton and will provide sworn testimony for any party in regard to evidentiary chain of custody issues. Section 307. Each party agrees to appoint an independent staff level officer, on an annual basis, to complete an audit of the evidence storage facility(ies) at the Center. Section 308. The Alpharetta Director of Public Safety, or his designee, shall be responsible for the overall supervision of the Property and Evidence Technician. Section 309. Any officer who collects evidence shall be the custodian of all evidence and/or property collected until such time as it is booked into evidence at the Center. Section 310. The collecting/submitting officer shall be the custodian of all evidence and/or property collected until such time as it is booked into evidence at the Center. Section 311. Only the Director of Public Safety of the collecting agency, or their designee, shall respond to media requests for information concerning any evidence placed into the Center. Page 3 of 5 Section 312. The Property and Evidence Technician shall be responsible for the transportation or shipping of any evidence that must be sent to the Georgia Bureau of Investigation, or any other agency/lab for testing. Section 313. The Alpharetta Police Department is a nationally accredited agency through the Commission on Accreditation for Law Enforcement Agencies, Inc. The Alpharetta Police Department is also a certified agency through the State of Georgia Law Enforcement Certification program, which is administered b y the Georgia Association of Chiefs of Police. Alpharetta agrees to maintain its compliance with the standards relating to the processing, storage and control of evidence within the Center of both of the programs listed above in this section, as well as all applicable requirements of state and federal law regarding evidentiary chain of custody matters. Any non-compliance issues shall promptly be reported to the City of Milton Police Chief. Section 314. Any complaints of officer misconduct arising out of the collection of evidence shall be investigated and addressed by the Director of Public Safety, or Police Chief, or their designee, of the party employing the officer complained of. Any complaints of misconduct arising out of the storage of evidence shall be investigated by the City of Alpharetta, which may request assistance from Milton. ARTICLE IV COMPENSATION AND CONSIDERATION For the processing, storage and control within the Center of evidence of the City of Milton Police Department rendered pursuant to this Agreement, Alpharetta employs one (1) additional investigative technician. All obligations of employment of such employee are the sole responsibility of the City of Alpharetta, and continuation of the terms of this Agreement is not dependent on the continued employment of such employee. Alpharetta will provide actual costs it incurs for the additional one (1) investigative technician, if applicable, and invoice Milton monthly those actual costs plus an amount equal to one-third of the cost of supplies and specific outside laboratory analysis for the City of Milton at a total cost not to exceed $5,000.00 per month. The Milton Chief of Police must authorize any total monthly cost (i.e. investigative technician costs plus cost of supplies and specific outside laboratory analysis) amount greater than $5,000.00 per month. Documentation shall be provided by Alpharetta to Milton itemizing Alpharetta’s expenses upon request by Milton. ARTICLE V DURATION AND TERMINATION This Agreement shall begin on April 17, 2017, and shall remain in place for a term of five (5) years, unless terminated earlier as provided for herein. Either party may terminate this Agreement for convenience by providing at least sixty (60) days prior written notice of such termination to the other party. Additionally, in the event of the breach of a material term of this Agreement by either party and the failure of the breaching party to remedy such breach within thirty (30) days of receipt of notice of the breach from the non-breaching party, this Agreement shall terminate. Milton shall take custody of and remove its stored evidence from the Center within ten (10) days of the termination of this Agreement. Page 4 of 5 ARTICLE VI. MISCELLANEOUS Section 601. Assignment. Neither party shall, without written consent of the other party, assign or transfer this Agreement or any rights or obligations hereunder. Section 602. Amendment. The terms of this Agreement shall not be altered, amended, or modified except in writing signed by duly authorized officers or representatives of the parties. Section 603. Construction of Agreement. This Agreement shall be construed under the laws of the State of Georgia. Section 604. Severability. If any paragraph, subparagraph, sentence, clause, phrase, or any portion of this Intergovernmental Agreement shall be declared invalid or unconstitutional by any court of competent jurisdiction or if the provisions of any part of this Agreement as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Agreement not held to be invalid. It is hereby declared to be the intent of the parties to provide for separable and divisible parts, and they do hereby adopt any and all parts hereof as may not be held invalid for any reason. Section 605. No Third Party Rights. This Agreement shall be exclusively for the benefit of Alpharetta and Milton and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action, or other right. Section 606. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall constitute an original. It shall not be necessary that each signatory sign the same counterpart as long as each has signed an identical counterpart. Section 607. Authority to Enter Agreement. Each of the individuals who executes this Agreement agrees and represents that he is authorized to execute this Agreement on behalf of the respective government and further agrees and represents that this Agreement has been duly passed upon by his respective government and spread upon the Minutes. Accordingly, Alpharetta and Milton both waive and release any right to contest the enforceability of this Agreement based upon the execution and/or approval thereof. Section 608. Notice. Any notice of communications hereunder shall be in writing and shall be deemed to have been delivered when deposited in the United States mail, registered or certified, addressed as follows: Notice to Alpharetta should be mailed to: Public Safety Director City of Alpharetta Department of Public Safety 2565 Old Milton Parkway Alpharetta, GA 30004 Page 5 of 5 Notice to Milton should be mailed to: Chief of Police City of Milton Police Department 13000 Deerfield Parkway Milton, GA. 30004 Or to such other address as either party may designate for itself by written notice to the other party from time to time. IN WITNESS WHEREOF, the Cities of Milton and Alpharetta have executed this Agreement through their duly authorized officers on the day and year first written above. ___________________________________ ____________________________________ David Belle Isle Joe Lockwood Mayor Mayor City of Alpharetta City of Milton ___________________________________ ____________________________________ City Clerk City Clerk Approved as to form: Approved as to form: ___________________________________ ____________________________________ C. Sam Thomas, City Attorney Ken Jarrard, City Attorney for Alpharetta, Georgia for Milton, Georgia 1265623 I LT(,) N� ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 25, 2017 FROM: Steven Krokoff, City Manage AGENDA ITEM: Approval of a Professional Services Agreement with BM&K, P.C. for City Program Management Services. MEETING DATE: Monday, May 1, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (41APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (, "YES () NO CITY ATTORNEY REVIEW REQUIRED: (,.KYES () NO APPROVAL BY CITY ATTORNEY: (,APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0516100"? 2006 Heritage Walk Milton, GA 0000 P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: Submitted on April 24, 2017 for the May 1, 2017 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement with BM&K, P.C. for City Program Management Services _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: With the passage of the November 2016 Transportation Special Purpose Local Option Sales Tax (TSPLOST) Referendum as well as a need for support of the existing capital improvement program and land development, the Department of Public Works requested proposals for City Program Management Services. In accordance with our standard procurement practices a Request for Qualifications (RFQ) was issued to identify the most qualified team to provide the required services. These services could include overall program management, design project management, right of way management and acquisition, construction project management, construction inspection, and materials and testing services. The City received eight responses from various teams. These submittals were reviewed by a selection committee that was made up of staff members representing the various services to be provided. The selection committee recommends awarding a contract to BM&K, P.C. to provide the required program management services. The services under this agreement shall be assigned on an as- needed basis using task orders. Funding and Fiscal Impact: The funding for services will be determined with each task order. Services provided for TSPLOST projects will use TSPLOST funds. Alternatives: None Legal Review: Sam VanVolkenburgh – Jarrard & Davis (April 11, 2017) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Professional Services Agreement HOME OF ' MILION A ESTA6LISIIED 2006 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 BM&K, P.C., a Georgia Professional Corporation, (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: Exhibit "A" - City Solicitation Documents Exhibit "B" - Consultant Response/Rate Sheet Exhibit "C" - Scope of Work Exhibit "D" - Contractor Affidavit Exhibit "E" - Subcontractor Affidavit Exhibit "F" - Key Personnel B. Project Description. The "Project" at issue in this Agreement is generally described as: assistance in the implementation of a capital improvement program by providing program management services on an as -needed basis for the City. 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. All Work shall be assigned on an as - needed basis using Task Orders as defined in Section II, and no baseline amount of work is guaranteed with this Agreement. Unless otherwise stated in Exhibit "C" or in a Task Order, 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 or Task Order, 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. The term of this Agreement ("Term") will be from the Effective Date until September 30,2017. On October 1, 2017, and on October 1 of each following year, this Agreement shall automatically renew for a twelve (12) month Term unless either Party provides written notice of nonrenewal at least thirty (30) days prior to the expiration of the then -current Term. This Agreement shall automatically renew no more than five (5) times, and shall not renew if affirmatively terminated by either Party pursuant to Section VI of this 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 City's capital improvement program. Any Task Order executed during the Term this Agreement and not completed within that period shall not expire, but instead shall remain in force until the time for completion specified in the Task Order or the time of actual completion by the Consultant, whichever is later. This Agreement shall continue to govern the Consultant's and City's rights and obligations with respect to that Task Order, to the same extent as if the Task Order were completed during the Term of the Agreement. II. PROJECT, TASK ORDERS AND WORK CHANGES A. The Project. The Project contemplated by this Agreement is for City Program Management Services that will be provided on an as needed basis as determined by the City. These services include general program management, design management, right of way management and acquisition, construction management, construction inspection, and material testing. Task Orders will be executed in accordance with this Agreement for specific work and services related to various projects. (Where appropriate in this document, references to this "Agreement" also imply a reference to any Task Order issued pursuant this Agreement.) B. Task Orders. Any Work under the City Program Management Services Project Scope of Services will require a Task Order to define the scope, schedule, and budget. Task Orders will be addendums to this Agreement and will follow the form attached hereto as Exhibit "G." Task Orders will issued by the City's Representative (as defined herein) or his or her delegate, and accepted in writing by the Consultant's Representative (as defined herein) or his or her delegate. If the City and Consultant are unable to negotiate satisfactory terms of a Task Order, the City may separately procure the necessary services. The City reserves the right at any time to pursue a different method of procurement for program management services. C. Change Order Defined. A "Change Order" means a written modification of a Task Order, signed by representatives of City and Consultant with appropriate authorization. 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. D. Right to Order Changes. City reserves the right to order changes in the Work to be performed under a Task Order 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 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. E. Approval of Certain Task and Change Orders. The City's Representative or his/her designee is expressly authorized by this Agreement to enter into Task Orders and Change Orders on behalf of the City. The Parties agree that Task Orders and Change Orders as defined herein are not "Change Orders" as defined by the City of Milton Purchasing Policy, and no separate approval by the Milton City Council or City Manager is required for Task Orders or Change Orders that are within the Maximum Contract Price. 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. Task Orders will be issued to the Consultant stating the City's requirements and maximum budget for each task requested of Consultant. 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 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 in any City fiscal year (October 1 - September 30) under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $700,000 (the "Maximum Contract Price"). The compensation for Work performed shall be based upon the rates in Exhibit "B," subject to the budget cap negotiated as part of any Task Order. In any subsequent year after the initial Term, the City may, to the extent consistent with its Purchasing Policy, consider reasonable price increases in the hourly rates upon justification from the Consultant. Any such increases must be presented in writing to the City at least sixty (60) calendar days prior to the end of the then -current contract term. 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: ❑ There shall be no separate reimbursement for costs. 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. 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 0!3L. 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.Jk L U'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 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 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. (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 applicable1 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 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 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 prescribed 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) Consultant's Duty to Provide Notice of Reduction in Coverage: Consultant shall provide written notice to City at least thirty (30) days prior to any reduction, suspension, voiding, or cancellation of coverage. Consultant shall require the same notice to the City in all subcontractor contracts. (8) 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. (9) 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. (10) 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. (11) 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 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.] 500 or more employees. 100 or more employees. _ A, 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 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. (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 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. 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. 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. Ci . 's Representative. Sara Leaders shall be authorized to act on City's behalf with respect to the Work as City's designated representative on this Project. 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 (or a Task Order) for cause. City shall give Consultant at least seven (7) calendar days' written notice of its intent to terminate 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 (or Task Order) 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 this Agreement (other than subsequent, valid Task Orders or Change Orders) shall be valid or binding. This Agreement may be modified or amended only in a writing 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. NOTICE TO CITY shall be sent to: City Manager City of Milton, Georgia 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONSULTANT shall be sent to: Donald Clerici BM&K, P.C. 11335 Lewis Braselton Boulevard Braselton, GA 30517 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 PartRights. 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 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] CONSULTANT: BM&K, P.C. Signature: Print Name: Mickie McJunkin Title: President/Vice President (Corporation) [CORPORATE SEAL] (required if corporation) Attest/Witness• Signature: Print Name: Donald B. Clerid, PE Title: President/ Corporate Secretary (Assistant) Corporate Secretary (required if corporation) CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney EXHIBIT “A” CITY OF MILTON REQUEST FOR QUALIFICATIONS (THIS IS NOT AN ORDER) RFQ Number: 17-PW01 RFQ Title: City Program Management Services Due Date and Time: Local Time: January 26, 2017 Number of Pages: 20 ISSUING DEPARTMENT INFORMATION Issue Date: December 29, 2016 City of Milton Public Works Department 13000 Deerfield Pkwy, Suite 107 Milton, Ga. 30004 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us INSTRUCTIONS TO CONSULTANTS Return Proposal to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, Ga. 30004 Mark Face of Envelope/Package: RFQ Number: 17-PW01 Name of Company or Firm Special Instructions: Deadline for Written Questions January 12, 2017 Email questions to Honor Motes at honor.motes@cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS CONSULTANTS MUST COMPLETE THE FOLLOWING Consultant Name/Address: Authorized Consultant Signatory: (Please print name and sign in ink) Consultant Phone Number: Consultant FAX Number: Consultant Federal I.D. Number: Consultant E-mail Address: CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFQ RESPONSE 2 | RFQ 17-PW01 TABLE OF CONTENTS Consultant’s RFQ Checklist Disclosure Form Schedule of Events Section 1: Project Overview and Instructions Section 2: RFQ Standard Information Section 3: Scope of Project Section 4: Consultant Qualifications Section 5: Evaluation Criteria Section 6: Standard Contract Information Standard Contract 3 | RFQ 17-PW01 CONSULTANT’S RFQ CHECKLIST The 10 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 RFQ and is an excellent source of information for any questions you may have. 3._______Attend the pre-qualifications 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 RFQ. 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. All addenda issued for an RFQ are posted on the DOAS website at http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp and on the City’s website at http://www.cityofmiltonga.us will include all questions asked and answered concerning 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 submittals are evaluated based solely on the information and materials provided in your response. 7._______Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. _______Check the website for RFQ addenda. Before submitting your response, check the DOAS website at http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp and the City website at http://www.cityofmiltonga.us to see whether any addenda were issued for the RFQ. If so, you must submit a signed cover sheet for each addendum issued along with your RFQ response. 9. _______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. 10. _______Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document, and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Consultant response. 4 | RFQ 17-PW01 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH 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 | RFQ 17-PW01 MUST BE RETURNED WITH QUALIFICATIONS CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization _________________________________ Name of Contractor _________________________________ Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _________________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ 6 | RFQ 17-PW01 SCHEDULE OF EVENTS Task Date Issue RFQ December 29, 2016 Deadline for Questions January 12, 2017 by 5:00 p.m. EST Answers Posted by the City (Addendum) On or about, January 16, 2017 Qualifications Due By 2:00 p.m. EST on January 26, 2017 Interview Firms (if necessary) Week of February 6th (proposed) Award Contract March 6, 2017 (proposed) NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) OR THE DOAS WEBSITE (http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp) FOR ADDENDA AND SCHEDULE UPDATES. 7 | RFQ 17-PW01 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is requesting Statements of Qualifications (SOQ) from qualified consultants to provide City program management services on an as needed basis as determined by the City. These services may include overall program management, design project management, right of way management and acquisition, construction project management, construction inspection, and materials and testing services. The projects requiring these services will be infrastructure projects through the public works department of the City of Milton and may include local, Fulton County TSPLOST, State or Federal funding or may be land development projects. The type of projects may include bridge, stormwater, roadway, pedestrian, or land development. All Consultants must comply with all general and special requirements of the RFQ information and instructions enclosed herein. The City intends to select a single consultant team that demonstrates the level of expertise to provide these services through the Qualification Based Selection process. The selected firm will be expected to provide services in accordance with the project schedule established by the City of Milton. 1.1 SINGLE POINT OF CONTACT From the date this Request for Qualifications (RFQ) is issued until a consultant is selected, consultants are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes. Any unauthorized contact may disqualify the consultant from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes Address: 13000 Deerfield Parkway, Suite 107F, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFQ. Consultants should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFQ 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. B. Form of Questions. Consultants with questions or requiring clarification or interpretation of 8 | RFQ 17-PW01 any section within this RFQ must submit their questions in writing via email to the procurement office referenced above on or before 5 PM (EST) on January 12, 2017 . Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C.City’s Answers. The City will provide an official written answer to all questions on or about January 16, 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 posted alongside the posting of the RFQ at http://www.cityofmiltonga.us or http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp. Consultants must sign and return any addendum with their RFQ response. D. Standard Contract. By submitting a response to this RFQ, consultant agrees to acceptance of the City’s standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e-mailed questions or with the consultant’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 consultant’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 consultant during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFQ and will apply to all consultants submitting a response to this RFQ. E. Mandatory Requirements. To be eligible for consideration, a consultant must meet the intent of all mandatory requirements. The City will determine whether a consultant’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 Reserved 9 | RFQ 17-PW01 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”. A. 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. Single page cover letter with introductory remarks and qualifications 4. Statement of Qualifications Shall be: a. No more than ten (10) single sided pages (five pages if double sided); cover, cover letter, table of contents, tabs, appendix, required forms do not count toward the page limit b. Minimum of 11 point font c. Stapled or spiral bound, no binders Statement of Qualifications shall contain: a.Company Profile: Name, brief profile and year established. Include information for any consultants that will be used as well. List address where the work for these services will be performed. List appropriate Georgia Department of Transportation (GDOT) prequalification codes for company and consultants. Proof of GDOT prequalification is not required but may be included in appendix. b.Project Team: Information about the makeup of the team, including: an organization chart identifying all key personnel (program manager, design project manager, right of way project manager/acquisition manager, construction project manager, and construction inspector), a description of their respective responsibilities and duties, and a breakdown of workload and ability to perform work for these services. c.Experience and References: Provide a summary of at least three (3) projects with services of a similar nature within the last ten (10) years and include any innovative features of projects or delivery methods. Include project references with names, phone numbers and team members involved. 5. Appendix including applicable Addenda Acknowledgement Forms 10 | RFQ 17-PW01 B. 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. C. Copies Required and Deadline for Receipt of Qualifications. One original and four (4) 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, January 26, 2017. Emailed responses to requests for qualifications are not acceptable. Qualifications will be opened at approximately 2:05 pm and names of consultants will be announced. D. 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. 1.5 CONSULTANT'S CERTIFICATION A. Understanding of Specifications and Requirements. By submitting a response to this RFQ, consultant agrees to an understanding of and compliance with the specifications and requirements described in this RFQ. 1.6 COST OF PREPARING QUALIFICATIONS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFQ and any subsequent presentations of the qualification as requested by the City are entirely the responsibility of the consultant. The City is not liable for any expense incurred by the consultant in the preparation and presentation of their qualifications. B. 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 consultant resulting from this RFQ process. 11 | RFQ 17-PW01 SECTION 2: RFQ STANDARD INFORMATION 2.0 AUTHORITY This RFQ is issued under the authority of the City of Milton. The RFQ process is a procurement option allowing the award to be based on stated evaluation criteria. The RFQ 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 consultants. 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 QUALIFICATIONS AND PUBLIC INSPECTION A. 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 qualifications has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the consultant; and (4) other constitutional protections. B. Procurement Officer Review of Qualifications. Upon opening the submittals received in response to this RFQ, the procurement office will review the qualifications and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the submittal. 2.An affidavit from a consultant’s legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Consultants must be prepared 12 | RFQ 17-PW01 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 A. Initial Classification of Qualifications as Responsive or Nonresponsive. Qualifications 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 qualification is not within the specifications described and required in the RFQ. If a qualification is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if a consultant has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Qualifications. The evaluation committee will evaluate the remaining qualifications and recommend whether to award the contract to the highest scoring consultant or, if necessary, to seek discussion/negotiation in order to determine the highest scoring consultant. All responsive qualifications 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. D. Completeness of Qualifications. Selection and award will be based on the consultant’s qualifications 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 consultants outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the consultant being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. 13 | RFQ 17-PW01 After receipt of all qualifications and prior to the determination of the award, the City may initiate discussions with one or more consultants should clarification or negotiation be necessary. Consultants may also be required to make an oral presentation and/or product demonstration to clarify their RFQ response or to further define their offer. In either case, consultants should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the consultant’s expense. F. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. G. 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 consultant 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. H. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible consultant whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring consultant 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 consultant. I. Contract Award. Contract award, if any, will be made to the highest scoring consultant 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 14 | RFQ 17-PW01 right to: 1. Modify, cancel or terminate this RFQ, 2. Reject any or all qualifications received in response to this RFQ, 3. Select a consultant without holding interviews, 4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFQ which would not have significant impact on any submittal, 5. To request further documentation or information, and to discuss a RFQ submittal for any purpose in order to answer questions or to provide clarification, 6. Not award if it is in the best interest of the City not to proceed with contract execution; or 7. 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 | RFQ 17-PW01 SECTION 3: SCOPE OF PROJECT 3.0 GENERAL The City of Milton Department of Public Works is preparing to select a project team to assist in the implementation of the capital improvement program over the next five (5) years by providing program management services on an as needed basis as determined by the City. These services may include overall program management, design project management, right of way management and acquisition, construction project management, construction inspection, and materials and testing services. The project team may not be involved in the actual design or construction of the projects in the current capital improvement program or land development and are precluded from submitting a response to this request. The projects requiring these services will be infrastructure projects through the public works department of the City of Milton and may include local, Fulton County TSPLOST, State or Federal funding. The type of projects may include bridge, stormwater, roadway, pedestrian, or land development. 3.1 SCOPE OF SERVICES The City intends to enter into a five-year general services contract agreement with the selected company and execute task orders in accordance with the general services agreement for specific work and services related to various projects. No baseline amount of work is guaranteed with this contract. The City seeks a project team that can provide the following services: 1. Program manager will be over all of the services provided under this project and will be the direct contact to the City. This position may be combined with the design project manager if available and qualified. Further details of services to be included with each task order. 2. Design project manager should be able to handle day to day coordination with design consultants and may include plan review, field reviews, scheduling, billing, and reporting. Further details of services to be included with each task order. 3. Right of way project manager will coordinate all aspects of the right of way process and the acquisition manager will handle the actual acquisitions. These positions may be combined if available and qualified. The City Attorney will provide the title services and closings. Valuation services will be negotiated with each task order. Further details of services to be included with each task order. 4. Construction project manager will provide direct daily oversight of construction projects and may include permitting, budget management, programming, scheduling, and providing project documentation like scope of work, contracts, budgets and reports. Further details of services to be included with each task order. 16 | RFQ 17-PW01 5. Construction inspector shall utilize procedures, methods, standards and document activities as for construction supervision and inspection of a Georgia Department of Transportation (GDOT) project. Inspector shall be on-site to ensure construction follows the plans and specifications. Inspector shall maintain daily records, inspect materials being placed, complete pay item reports as needed, monitor contractor activities and other conditions that affect work being performed. Further details of services to be included with each task order. 6. Materials and testing services should be available as a part of the project team. These may include pavement field and laboratory tests, soil sampling tests, National Pollutant Discharge Elimination System (NPDES) monitoring, sampling and testing, erosion and sediment control inspections, testing, and reporting. 17 | RFQ 17-PW01 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 consultant 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. 18 | RFQ 17-PW01 SECTION 5: EVALUATION CRITERIA 5.0 EVALUATION CRITERIA 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. Submittal Evaluation Criteria Company and Consultant 20 pts Proximity and availability of key personnel Project Team Qualifications 40 pts Program manager qualifications Design project manager qualifications Right of way manager/acquisition qualifications Construction manager qualifications Inspector qualifications Availability of materials and testing services Project Team Experience and References 40 pts Quality and experience of company and consultants Ability to meet schedules 5.2. INTERVIEWS – PHASE 2 **Additional Scoring (Phase 2) will be offered to those consultants shortlisted for the Presentation/Interview Evaluation Process ** 19 | RFQ 17-PW01 SECTION 6: STANDARD CONTRACT INFORMATION 6.0 STANDARD CONTRACT The City’s standard contract is attached to this document as Appendix A. Consultant should notify the City of any terms within the standard contract that preclude them from responding to the RFQ. This notification must be made by the deadline for receipt of written/e-mailed questions or with the consultant’s RFQ response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non-material, minor, insubstantial exceptions to the standard contract with the highest scoring consultant at the time of contract negotiation. 6.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFQ and any addenda, the consultant’s RFQ response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City’s standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring consultant. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 6.2 SUBCONSULTANT The highest scoring consultant will be the prime consultant if a contract is awarded and shall be responsible, in total, for all work of any sub-consultants. All sub-consultants, if any, must be listed in the qualifications. The City reserves the right to approve all sub-consultants. The Consultant shall be responsible to the City for the acts and omissions of all sub-consultants or agents and of persons directly or indirectly employed by such sub-consultants, and for the acts and omissions of persons employed directly by the Consultant. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFQ shall create any contractual relationships between any subcontractor and the City. 6.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 6.4 COMPLIANCE WITH WORKERS’ COMPENSATION ACT The Consultant is required to supply the City of Milton with proof of compliance with the Workers’ Compensation Act while performing work for the City. Neither the Consultant nor its employees are employees of the City. The proof of 20 | RFQ 17-PW01 insurance/exemption must be received by the City of Milton within 10 working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 6.5 COMPLIANCE WITH LAWS The Consultant must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or sub-consulting by the Consultant subjects sub-consultants to the same provision. The Consultant agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 6.6 CONTRACT TERMINATION See sample contract. EXHIBIT “B” Request for Qualifications A City of Millon CITY PROGRAM MANAGEMENT SERVICES Aff •' CWSTRUCTION NGINEERING it A 01 t L p .. • � � SKr "Don and his Project Managers were always sensitive to project costs and always worked to ensure the citizens of Jackson County received the best value." Kevin C. Poe, County Manager Jackson County CIAISTRUCTION NOIRMING January 26, 2017 Mr. Honor Was 13000 Deerfield Partway, Suite 107F Milton, GA 30009 Re: City of Milton Request for Lluallffcatlons City Program Management Servicas Daer Mt. Was: It Is AM gnat anUiusiasm that BMW Oonstruotirxt & Engneerirwg oWnIts to you this Request for ( uaillcations for Oty Program Management Services. Via are a team of professionals with proven expertise in earh of the key aspecta of your program. Our learn has rrtrrkVad local government programs valued from $5 mlllion to over $125 mi lion, We want to bring that record of team success to he City of Miltoni We understand all details of the transfxirlalian and development process, and wa recognize Ilya coordinntkyi noadad. No team Is more passionate about the success of your projects than the BMf&K team I BM&K has oxtonsdvo oxporlence working with stakeholders for oomplex local government prgects, as walk as wrcrkirng Wih a proven delivery approach We understand this delivery method and will fang that experience to your projects. No have assembled o team of "In, Houso" professtanols to handle overall coordination, land acquisition duties, enginsering review and construction marraaamont. In additkon to our staff, we have the follovang subconsuktants: • Waterhouse Engineering will ba parformkng hydraullc% struMirai englnaerhg, and bridge inspections, * NOVA Engineering will be performing materials testing and sarr4AIny. • Kevin Hamby will be pef forming overall management and financial tracking and reporting along with overall schedule management. Lnstly, as the Principal-In-Charge, I will personaly manage the assigned resources to your prciect And mmsi Impartenky, rnake sure that ywr complete satisfaction with oS: team Is maintaire d thrnughvut the effort, My detailed contact informatoen Is avaiabsu to you at all times. We appreciate your time and effort ravkm&ig ktus qualiricattans package and hope that v a can presem our team to you In the next phase, `Thank you for your cork4damilon of our qualifications. noose —� Donald . Cfer c , PE President t?t7.13ox 87$ • pr2r.5altan, C,earclia 34517 � 70f3,829.4514 OTTRUCTION NGINEERING A COMPANY PROFILE B PROJECT TEAM 3 C EXPERIENCE AND REFERENCES 8 D APPENDICES BM&K CONSTRUCTION &ENGINEERING Overview BM&K, founded in 2006 by Donald B. Cleric!, PE, is a multi - disciplined engineering, construction management, and real estate brokerage firm. We offer a diverse range of professional services to public and private clients including: civil engineering, construction management, program management, general contracting, and land acquisition. Form of Ownership: cxorq�cer iirz The owner of BM&K, Don Clerici, is a third generation contractor. Don comes from a long line of craftsmen and commercial tradesmen State of incorporation: including his father, uncle, cousins and grandfather. In fact, Clerici Construction was founded in 1945 by Don's grandfather, prompting Don to follow in his footsteps after graduating from College with an PrYears in Business: engineering degree. BM&K has proudly served as owner representatives, program managers and construction managers through all phases of Mai demolition, construction, and design of various types of public infrastructure. Construction Leaders in Georgia Over the last few years, our Construction and Engineering Divisions have worked in over 40 Georgia jurisdictions and has focused heavily on the following types of projects: • Parks and Quality of Life • Engineering Services • Transportation Facilities • Hospitality • Multi -Family • Resorts, Cabins and Villas • Government Facilities • Ground Up Facilities • Design -Build • Renovation and Repurpose BM&K CONSTRUCTION &ENGINEERING Number of Employees By Discipline Our professional staffhas a diverse background in project management ranging from public safety and local government to recreational park development, and transportation. This wide range of experience enables our team to pull from a vast knowledge base in order to deliver a project that meets the desire of the client. Discipline Number of Employees Construction Management Project Executive 2 Senior Project Manager 1 Project Manager 5 Estimator/Project Manager 2 Superintendent 4 Assistant Superintendent 2 Administrative 3 Real Estate Acquisition Agent 0 Number of Employees: 23 Total BM&K Leaders in Performance BM&K has a proven system that enables us to deliver projects on time and within budget, as well as meeting all reporting and administrative needs for complex public projects. We strive to provide hands-on accessible project managers and superintendents who are experienced working on high-profile, highly visible projects. Our client base reinforces this guiding principle by rewarding us with repeat business. BM&K has NEVER been removed from a contract or failed to complete a contract as awarded. Proposed subconsultants will be: Kevin Hamby, NOVA Engineering, and Waterhouse Engineering. 2 BESTHOME OF OVAtItY OF LIOGEORGWAk M I'tl LTN E1TA5LISHED20X Don Clerici, PE Leader of Team from Start to Finish 25% Time Committed to Project 24 Yrs. Construction & Engineering Experience Duties: Internal Staff Schedule Mickie McJunkin Over 40 Yrs, Experience Duties: Right of Way Compliance, Certify R/W, Appraisal Coordination Michelle Brock 30 Yrs, Experience Pam Digsby 34 Yrs. Experience Jennifer Losquadro 2 Yrs. Experience Tammy Duke F16 Yrs. Appraisal Experience Keith Deyton Mike Rubio Carter Lucas, PE Director of Public Works Kevin Hamby, PMP 70%Committed during Program 20 Yrs. Experience in the Industry Duties: Ensure PDP Compliance, Schedule FPR & Final Inspection, Overall Schedule and Financial Management David Foster, PE 26 Yrs. Experience Duties: Transportation Plan Review, Concept Development & Review, Private Development Gabriel Cunningham 2 Yrs. Experience Waterhouse Cindy Matayas, PE 24 Yrs. Experience Sloane Laughman WK CQI�STRUCTION C IIGINEERING "Zhe GLy o1H"O Springs has worked wirh BM&Ksince 2005 on numerous projects. Zheyalwaysconduct themselvesin a professional mannerand don'trest until the work is completed to out satisfaction. BMStKis an outstandingArm, pmducing great results" Brantley E. Day Community Development Director City of Holly Springs 19 Yrs. Experience Duties: Construction Mgmt. & Oversight, Constructability Reviews, Schedule Project Mitch Green 16 Yrs. Experience Eddie Young 16 Yrs. Experience NOVA Charles Butterworth Joe McGrew, PE Kristin Edwards Chris Lewis Ron Bouchard ENGINEERING I GENERAL CONTRACTING I REAL ESTATE BROKERAGE CONSTRUCTION MANAGEMENTIAPPRAISALSIPROGRAM MANAGEMENT HMK Donald B. Clerici, PE C STRNEERIN Mr. Clerici is responsible for Executive Oversight on all construction NQINERINQ management projects. He provides day to day guidance to staff members Do '13, �FFn and is the point of contact for governmental clients. Don has extensive President, Project Director experience in program management, project management, engineering and Principle Point of Contact construction management. Don served as an Area Engineer for GDOT where he supervised construction, maintenance, along with permit operations for i cc Carroll, Haralson and Paulding Counties. Don has over 24 years of experience and has provided oversight for over $2 billion dollars of public infrastructure projects for multiple owners. These public projects include: transportation, y parks, institutional, public Safety and wastewater distribution and collection. Don will provide overall coordination work closely with Kevin Hamby to ensure �\ all aspects of the Program are carried out. Select Relevant Experience SR 53 Widening -Town of Braselton Served as Project Director for design, CEI and Right of Way Acquisition services to widen SR 53 to a 5 -lane section with 2 new traffic signal nstallations. BM&K provided a complete professional "Turn Key" approach for this fast tracked Project. The Project was a public partnership between the Town of Braselton, Jackson County, GDOT and Department of Economic Development. The Project length was just over 1 mile, involved nine parcels and the total Project cost was $1.8 Million. _ Relevant Local Government Projects . _ *Jackson County Government *Bartow County Government am *City of Holly Springs *City of John's Creek Kevin Hamby, PMP Kevin Hamby, PMP Kevin Hamby, PMP is recognized for his management and turnkey delivery Program Manager c of quality of life, public safety, and infrastructure projects throughout Georgia. His 20 years' experience assisting Georgia's local governments with financing initiatives has given him comprehensive and diverse program management °^ and contract administration/procurement skills. Kevin will serve as the Program Manager and assist with oversight and coordination of outside stakeholders. In addition, Kevin will ensure overall schedule compliance with financial management. Select Program Management Experience Athens -Clarke County Unified Government SPLOST IV AND 2000 Program Management Services- $185 million in Federal, State and Local funds used for downtown Athens infrastructure and ntersection improvements. Projects required utility coordination and right of way acquisition. In addition, many projects were within the University of Georgia campus and required coordination with stakeholders. Relevant Local Government Projects *Union County Commissioner *White County BOC *Heard County BOC *Mountain Regional Library System 0 CHUM CQI�STRUCTIONGINEERING LAND ACQUISITION STAFF C N Mic iie McJunkin Mickie McJunkin Vice President Right of Way Director Mrs. McJunkin had a 33 year career with the Georgia Department of Transportation and served in RNV positions of Assistant State RM/ Administrator and State Acquisitions Manager. After retiring from DOT in 2005, Mickie joined the team of Wilbur Smith Associates in November 2005 and was appointed Manager of Right of Way Services in the State of Georgia. She joined BM&K in January 2008 and serves as the Right of Way Director for both state and local government agency projects w - — and private projects. Mickie will oversee all Right of Way and appraisal services for the City of Milton. Michelle Broc Michelle Brock Lead Acquisition Manager Mrs. Brock had a 29 year career with the Georgia Department of Transportation and served in Right of Way positions of Assistant State Right of Way Acquisition Manager, District Right of Way Team Manager, and Right of Way Specialist. Michelle retired in 2015 and joined the team of BM&K in September 2015, serving as the Right of Way Acquisition Manager for both state and local government agency projects as well as private projects. Michelle will manage the acquisiton and negotiation process for the City of Milton. She will ensure plans and appraisal reports are reviewed and attend all field plan reviews. Pam Digsby Pam Digsby Lead Acquisition Agent Mrs. Digsby had a 33 year career with the Georgia Department of Transportation and served in RNV position of Assistant State RNV Team Manager, retiring in 2012. During her 33 year career, she served in the office of Right of Way for 23 years. Mrs. Digsby served as a drafter in road design for 10 years. She had managed numerous projects in the Cartersville district. Mrs. Digsby joined BM&K in April 2016 and serves as a senior acquisition agent. Pam will assist Michelle as needed and take the lead role in aquisition and meeting with property owners. Jennifer Losquadro .. Jennifer Losquadro Right of Way Agent Mrs. Losquadro joined the BM&K Team in January 2015 as a Right of Way Assistant. She has assisted the right of way department with acquisition duties for both state and local government agencies. She has recently received the title of Right of Way Agent and will interview for the GDOT Qualified Designation, Negotiation thru Closing, the week of February 6, 2017. Jennifer will serve as acquistion agent utilizing her GADOT and local government experience. 5 BIYK CONSTRUCTION t NGINEERING David Foster, PE David , Mr. Foster is responsible for civil site design projects and Design Proje local government drainage projects. David has 26 years of experience. David will oversee transportation and will review all _ transportation and private development plans. He will ensure compliance with GADOT and local government requirements. . "" Select Relevant Experience "+♦ West Jackson Commons HoschtonGA David served as the l ,ead engineer on this thirty eight acre, master planned commercial development. The site was multi -phased with regional detention. Responsibilities for this project included: mass leveling, storm sewer, sanitary sewer, public water, and private. Cherokee County Engineering David served as senior engineer handling all aspects of design for mulitiple transportation projects. These projects included: roadway realignment, intersection improvements and drainage upgrades. Cindy M. Matayas, PEM Structural Design and Review Ms. Matyas has over 20 years of experience in bridge and roadway hydraulics, scour evaluations, and floodway analysis for transportation projects. She is also experienced in bridge design and rehabilitation, bridge and structural inspections, and load rating AT E RH O U S E services. Ms. Matyas is a NHI certified bridge inspector. Cindy will ENG tie E E FLINGperform structural design review and assist with field inspections. During concept, Cindy is able to perform an assessment of bridge structural integrity to determine if repair or replacement is needed. Education: BSCET, Civil Engineering Technology, Southern College of Technology Professional Registrations: Professional Engineer in Georgia, North Carolina and Virginia Charles Butterworth J Mr. Butterworth is a Field Technician with NOVA's Construction NOVMaterials Testing Group. He has experience providing on site testing and monitoring construction activity in soils, concrete and asphalt. ROFESSIONAL °""`"`"`In addition, Mr. Butterworth performs quality control services and roofing applications, waterproofing and water intrusion testing on several types of projects including universities. Charles will lead field operations and assign additional technicians as needed. BIVK Jacob Hughes, PE Mr. Hughes serves as a Project Manager with our Construction CgNSTRUCTION and Engineering Service sectors. Jacob specializes in the areas L9ENGINEERING of transportation design and construction, due to his extensive Jacob Hughes, PE background experience in these fields. His experience with state Construction Project Mana and local governments has allowed him to be involved in the planning, design and construction of numerous infrastructure and Quality of Life projects. The projects range from new parks and fire stations to libraries and walking trails. Jacob has an at = _ innate understanding of all areas pertaining to local government .� operations. !�( Select Relevant Experience City of Holly Springs Jacob serves as Project Manager for the City of Holly Springs for several infrastructure and concept level projects. Duties include: rtechnic State performing on-call transportation engineering, along with designing ..; special projects, such as culvert and drainage repairs. Jacob is experienced with annual resurfacing programs and the construction management of improvements along city streets, and a current LCI project. rtified Design Relevant Local Government Projects nal *Rockdale BOC *Bartow County Government AW*Barrow BOC *City of John's Creek Mitch Greef Mitch Green Senior Construction I Mitch has an "eye" for the details and has spent the majority of his career within the more technical areas of roadway construction. He has worked his way up through the ranks as inspector, technician, and senior inspection to manager. Mitch currently F y serves as the lead senior inspector for the City of Holly Springs. He performs day to day inspections for all private development and capital improvements. Professional Certifications: Level IB & W2TCS Eddie Young Eddie Youna Senior Construction Inspec ` Mr. Young is responsible for field inspections and daily review of contractor activities for our local government clients. Eddie is very familiar with roadway, grading and erosion control operations. In addition, he is experienced with special construction such as - structures and traffic signals. Eddie has served as a construction inspector within Metro Atlanta and for GADOT along the interstate system. Professional Certifications: Level IB & W2TCS 7 1 Jackson County Roads & Infrastructure Program Cities of Commerce, Jefferson, Braselton & Industrial Development Authority Project Facts Client: Joint Proaram Jackson Co. BOC City of Jefferson 67 Athens St. 147 Athens St. Jefferson, GA 30549 Jefferson, GA 30549 Mr. Kevin Poe, County Mgr. John Ward, City Mgr. 706-387-3614 828-406-5563 Services Provided: *Engineering Design *Project Management *Plan Review *Construction Management *Inspection *Technical Guidance & Review *Bid Management *Change Management *Closeout & Punch List *Warranty Work *Right of Way Aquistion *Utility Coordination Personnel: Program Manager Right of Way Don Clerld, PE Mickie McJunkin Construction Project Managers Robert McGrath, Tiernan McMillan, Jacob Hughes, PE Project Inspectors: Tim Jennings, Shane Jones, Joe Brooks Program Budget: $84 Million Serv ice Dates: 2007 -Program completed in 2014 Description As one of the top 25 fastest growing counties in the nation, Jackson County continues to serve its residents by implementing a Roads and Infrastructure Program. BM&K was contracted by Jackson County to manage this program from initial design phases through completion of construction. The program included the realignment and reconstruction of county roads to the realignment of state routes and highways. BM&K completed the first program for Jackson County in 2007 and with the continued success of the program was contracted for another infrastructure program in 2008. John B. Brooks Road: $4 Million- This project consisted of the reconstruction of 0.94 miles of existing 2 -lane roadway with a new 12 ft. Center lane. The construction included base, drainage, plant mix as well as 3 at -grade railroad crossings. BM&K worked closely with ARCADIS, the project designer to develop final documents and coordinate with CSX Railroad. BM&K staff performed daily inspections and Contract Management. Due to night and weekend work, staff had to take the lead in the Public Involvement Phase. Zion Church Rd. /an 124: $23 Million BM&K performed all aspects of construction, inspection for the construction, widening, and realignment of approximately 3.65 meso 3 5 lane road way. Our inspectors monitored all activities to ensure compliance with GDOT specifications and material testing practices. We performed routine traffic control inspections to ensure compliance with the MUTCD & GDOT specification section 150. We performed daily and weekly inspections to ensure that all BMP's were installed and maintained in accordance with the NPDES permit. Hog Mountain Road: $2.7 Million This project consisted of the widening and realignment of Hog Mountain Road in Jefferson, GA from the intersection with US 129 to Valentine Industrial Pkwy. The project is a continuation of the Jackson County parallel road network that seeks to create a network of roads paralleling 1-85 in order to spur industrial development throughout the county. F this project BM&K provided design and construction documents, construction management, construction inspection, bid management, and technical guidance. 0 City of Holly Springs City Engineer & Construct Holly Springs, Georgia Project Facts Client: City of Holly Springs 3237 Holly Springs Parkway Holly Springs, GA 30142 Rob Logan, City Manager 770.345.5536 Funding: Local SPLOST, Federal, State Serv ices Provided: Descripti Personnel: *Program Management Project Manager *Engineering Design Don Clerici, PE *Bid Management Construction Project *ROW Acquisition Managers *Design Review David Foster, PE *Technical Guidance & Review Jacob Hughes, PE *Construction Mangagement Project Engineers Inspection Gabe Cunningham Sloane Laughman Program Budget: Project Inspectors $1 Million Annually Mitch Green Eddie Young Service Dates: Right of Way Staff Started 2006- Ongoing Mickie McJunkin, Pam Digsby Jennifer Losquadro Michelle Brock on BM&Kis currently contracted by the City of Holly Springs to serve as the City Engineer and Capital Projects Manager. Under this contract, BM&K is reponsible for providing engineering plan review services, on-call engineering services and oversight and management of infrastructure rehabilitation projects. In addition, BM&K has managed the City of Holly Springs Road improvement program since 2006, a $1 million annual SPLOST program. BM&K provides over sight and management of this program to include: estimating, scheduling, easement preparation and acquisition, bid management, voucher review and payments processing, construction management and construction inspections. City Wide Resurfacing Program• $6 Million 2006 -Present The City maintains the largest network of urban collectors and local streets withing Cherokee County. BM&K manages this annual program and is responsible for contract documents, bid management, construction inspections and material sampling. This annual program is proceeded by pavement evaluations, inventory recording and budgeting. Holly Spring Park/J.B. Owens Park: $1.1 Million 2014-2015 BM&K was selected to serve as the Construction Manager for this Joint Project between Cherokee County and the City. This project included natural and paved trails, pedestrian bridges, convenience center, pavillions and play grounds. City Wide Storm Water Management Pro_'er cts: $1.7 Million 2009 -Present The City formed a Storm Water Utility in 2008 and began an annual upgrade and replacement program for infrastructure. BM&K has performed Engineering and Construction Management for critical improvements within subdivisions and along major collectors such as Old SR 5/Holly Springs Parkway. The major projects include: • JC Mullins Park Off Site Repairs I-larmnnv nn +ho I akar etnrm aacamant i innrafia gs 3 Hamby Management Experience & References Kevin Hamby PMP Union Countv Union County SPLOST Programs Contact Lamar Paris, Commissioner unioncounty@un iongov. com 706.439.6000 Overall SPLOST Program Management and turnkey delivery of quality of life, public safety, and infrastructure projects. Kevin began working with Union County in 2007. Heard Countv Heard County SPLOST Programs Contact Lee Boone, Commissioner Chair Iboone@heardcountyga.com 706.675.3821 Overall SPLOST Program Management and turnkey delivery of quality of life, public safety, and infrastructure projects. Kevin began working with Heard County in 2007. White Countv White County SPLOST Programs Contact Travis Turner, Chairman Mobile- 706-878-9631 Office -706-865-2235 Overall SPLOST Program Management and turnkey delivery of quality of life, public safety, and infrastructure projects. Kevin began working with White County in 2007. Athens -Clarke Countv Contact David Clark, Public Works Director David.clark@fultoncountyga.gov 404-822-5941 LOST IV Projects totaling $13,232,676 consists of Area -wide Storm Drain Improvements, Downtown Infrastructure and General Intersection Improvements. Projects required utility coordination and right of way acquisition. SPLOST 2000 Projects totaling $14,893,715 consists of Bridge and Guardrail Improvements, Bicycle Transportation, Storm Drainage Improvement Program, Downtown Infrastructure Improvements, Intersection Improvements and Local Road Improvement Projects. In addition to utility coordination many projects were within the University of Georgia campus and required multiple coordination meetings. �M HAM BY MANAGEMENT ENGINEERING I GENERAL CONTRACTING I REAL ESTATE BROKERAGE CONSTRUCTION MANAGEMENTIAPPRAISALSIPROGRAM MANAGEMENT HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' Vtj[LTON% ESTABLISHED 2006 CITY OF MILTON REQUEST FOR QUALIFICATIONS (THIS IS NOT AN ORDER) RFQ Number: RFQ Title: 17-PW01 City Program Management Services Due Date and Time: Fax: 678-242-2499 Local Time: January 26, 2017 Number of Pages: 20 ISSUING DEPARTMENT INFORMATION Issue Date: December 29, 2016 City of Milton Phone: 678.242-2500 Public Works Department Fax: 678-242-2499 13000 Deerfield Pkwy, Suite 107 Website: www.cifyofmlltonga.us Milton, Ga. 30004 Special Instructions: INSTRUCTIONS TO CONSULTANTS Return Proposal to: Mark Face of Envelope/Package: BMW PC RFQ Number: 17-PW01 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office Please wint name and si n in Ink Special Instructions: 13000 Deerfield Pkwy Deadline for Written Questions Suite 107F January 12, 2017 Milton, Ga, 30004 Email questions to Honor Motes at don@bmandklnc.com honor.motes@cltvofmiffonaa.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS CONSULTANTS MUST COMPLETE THE FOLLOWING Vous. en � .C PHONE: 678.242.25001 FAX: 678.242.2499 0G& Consultant Name/Address: A oriz o I nt Signatory: BMW PC PO Box 878 Donald P. Clericl, PE Braselton, GA 30517 Please wint name and si n in Ink Consultant Phone Number: Consultant FAX Number: 708-824-0514 70&824-0519 Consultant Federal I.D. Number: Consultant E-mail Address: 20-4300593 don@bmandklnc.com CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFQ RESPONSE *. �oPrba Info@cityofmlltonga.us I www.cltyofmlltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 * „^ Community � �i -o..,,F,.o wo :- a44A 4 RFQ 17-PWO1 HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' \4I ITO N ESTABLISHED 2006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH QUALIFICATIONS This form is for disclosure of campaign contributions and family member relations with Ciiy of Milton officials/employees. Please complete this form and return as part of your RFQ package when itis submitted. Name of Consultant EIM&K, PC I 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 N!A Please list any family member that Is currently (or has been employed within the Iasi 12 months) by the City of Milton and your relation: N/A N/A 5 I RFQ 17-ryvvI MUST BE RETURNED WITH QUALIFICATIONS CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which Is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established In O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A.§ 13-10-91(b). Contractor hereby attests that its federal work authorization user identfffcation number and date of authorization are as follows: 222350 eVerify Number 6/17/2009 Date of Authorization BM&K, PC Name of Contractor City Program Management Services Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on Jan. 26 201 7 in 6ra8a1tJ;dty), cA tate). Signature of Authorized Officer or Agent Donald B. Clericl, PE President Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON SIJICTNF 261hl rhAvnP January wil7 mw -Y w! C \0 0 U, NO %%%8y 231 t �Oe,•c My Comml rCf�pfTRs f, G,.o STATE OF GEORGIA DEPARTMENT OF TRANSPORTATION NOTICE OF PROFESSIONAL CONSULTANT QUALIFICATION You are qualified to provide Consulting Services to the Department of Transportation for the area -classes of work checked below. Notice of qualification is not a notice of selection. NAME AND ADDRESS ISSUE DATE DATE OF EXPIRATION BM&14 PC 520/15 3/31/18 11335 Lewis Braselton Blvd Building A, Suite 110 Braselton, GA 30517 SIGNA/T�TUUREE, I. Transporation Planning 3. Highway Design Roadway (Continued) _ 1.01 State Wde Systems Planning Traffic Control Systems Analysis, Design and Urban Area and Regional Transportation - 3.09 Implementation 1.02 Planning 3.10 Utility Coordination 1.03 Aviation Systems Planning 3.11 Architecture 1.04 Mass and Rapid Transportation Planning 3.12 Hydraulic and Hydrological Studies (Roadway) 1.05 Alternate System and Corridor Location Planning X 3.13 Facilities for Bicycles and Pedestrians _ 1.06 Unknown 3.14 Historic Rehabilitation 1.06a NEPA Documentation 3.15 Highway Lighting 1.06b History 3.16 Value Engineering _ 1.06c Air Studies 3.17 Design of Toll Facilities Infrastructure _ 1.06d Noise Studies _ 1,06e Ecology 4. Highway Structures _ 1.06f Archaeology 4.01 Minor Bridges Design _ 1.06g Freshwater Aquatic Surveys 4.02 Major Bridges Design _ 1.07 Attitude, Opinion and Community Value Studies 4.03 Movable Span Bridges Design _ 1.08 Airport Master Planning 4.04 Hydraulic and Hydrological Studies (Bridges) _ 1.09 Location Studies 4.05 Bridge Inspection _ 1.10 Traffic Studies _ 1.11 Traffic and Toll Revenue Studies 5. Topography 1.12 Major Investment Studies _ 5.01 Land Surveying _ 1.13 Non -Motorized Transportation Planning 5.02 Engineering Surveying 5.03 Geodetic Surveying 2, Mass Transit Operations 5.04 Aerial Photography _ 2.01 Mass Transit Program (Systems) Management 5.05 Aerial Photogrammetry _ 2.02 Mass Transit Feasibility and Technical Studies 5.06 Topographic Remote Sensing _ 2.03 Mass Transit Vehicle and Propulsion System 5.07 Cartography Mass Transit Controls, Communications and 5.08 Subsurface Utility Engineedng _ 2.04 Information Systems _ 2.06 Mass Transit Architectural Engineering 8• Soils, llrvMatadals Testing_ 2.06 Mass Transit Unique Structures 6.O18 Soll Surveys _ 2.07 Mass Transit Electrical and Mechanical Systems 6•01b Geological and Geophysical Studies Mass Transit Operations Management and 6.02 Bridge Foundation Studies _ 2.08 Support Services Hydraulic and Hydrological Studies (Soils and _ 2.09 Aviation 6.03 Foundation) 2.10 Mass Transit Program (Systems) Marketing 6.04a Laboratory Materials Testing _ 6.04b Field Testing of Roadway Construction Materials 3. Highway Design Roadway 6.05 Hazard Waste Site Assessment Studies Two -Lane or Multi -Lana Rural Generally Free X 3.01 Access Highway Design Two -Lane or Multi -Lane with Curb and Gutter 8• Construction Generally Free Access Highways Design X 8.01 Construction Supervision X 3.02 Including Storm Sewers Two -Lane or Muib-Lane Widening and 9. Erosion and Sedimentation Control Reconstruction, with Curb and Gutter and Storm Erosion, Sedimentation, and Pollution Control and Sewers In Heavily Developed Commercial, X 9.01 Comprehensive Monitoring Program 3.03 Industrial and Residential Urban Areas X 9.02 Rainfall and Runoff Reporting Multi -Lane, Limited Access Expressway Type Field Inspections for Compliance of Erosion and _ 3.04 Highway Design _ 9.03 Sedimentation Control Devices Installations _ 3.05 Design of Urban Expressway and Interstate _ 3.06 Traffic Operations Studies _ 3.07 Traffic Operations Design 3.08 Landscape Architecture STATE OF GEORGIA DEPARTMENT OF TRANSPORTATION NOTICE OF PROFESSIONAL CONSULTANT QUALIFICATION Vou are qualified to provide Consulting Services to the Department of Transportation for the area -classes of work checked below. Notice of qualification is not a notice of selection. NAME AND ADDRESS ISSUE DATE DATE OF EXPIRATION Waterhouse Engineering LLC 12114/15 12/31118 189 Narrow Lane Dahlonega, GA 30533 SIGNATURE 7 1. Transporatlon Planning 3. Highway Design Roadway (Continued) 1.01 Stale Wide Systems Planning Traffic Control Systems Analysis, Design and _ Urban Area and Regional Transportation 3.09 Implementation 1.02 Planning 3.10 Utility Coordination 1.03 Aviation Systems Planning 3.11 Architecture _ 1.04 Mass and Rapid Transportation Planning X 3.12 Hydraulic and Hydrological Studies (Roadway) 1.05 Allemate System and Corridor Location Planning _ 3.13 Facilities for Bicycles and Pedestrians 1.06 Unknown 3.14 Historic Rehabilitation _ 1.06a NEPA Documentation 3.15 Highway Lighting 1.06b History _ 3.18 Value Engineering 1.06c Air Studies 3.17 Design of Toll Facilities infrastructure 1.06d Noise Studies �- 1,06e Ecology 4. Highway Structures i,06f Archaeology 4.01 Minor Bridges Design _ 1.069 Freshwater Aquatic Surveys 4.02 Major Bridges Design _ 1.07 Attitude, Opinion and Community Value Studies 4.03 Movable Span Bridges Design 1.08 Airport Master Planning X 4.04 Hydraulic and Hydrological Studies (Bridges) 1.09 Location Studies X 4.06 Bridge Inspection _ 1.10 Traffic Studies 6. Topography 1.11 Traffic and Toll Revenue Studies -- 5.01 Land Surveying 1.12 Major Investment Studies 6.02 Engineering Surveying 1.13 Non -Motorized Transportation Planning _ 5.03 Geodetic Surveying 5.04 Aerial Photography 2. Mass Transit Operations 2.01 Mass Transit Program (Systems) Management 5.05 Aerial Photogrammetry _ 2.02 Mass Transit Feasibility and Technical Studies 5.06 Topographic Remote Sensing _ 2.03 Mass Transit Vehicle and Propulsion System 5.07 Cartography _ Mass Transit Controls, Communications and 5.08 Subsurface Utility Engineering 2.04 Information Systems _ 2.05 Mass Transit Architectural Engineering S. Bolls, rvMatsrtais Testing _ 2.06 Mass Transit Unique Structures 1a Soil Soil Survala _ - 2.07 Mass Transit Electrical and Mechanical Systems 6.6.01a - Geological and Geophysical Studies Mass Transit Operations Management and 6-02 6.02 Bridge Foundation Studies 2.08 Support Services Hydraulic and Hydrological Studies (Soils and _ 2.09 Aviation _ 6.03 Foundation) _ 2.10 Mass Transit Program (Systems) Marketing 6.04a Laboratory Materials Testing --- 6.04b Field Testing of Roadway Construction Materials 3, Highway Design Roadway 6.05 Hazard Waste Site Assessment Studies Two -Lane or Multl-Lane Rural Generally Free 3.01 Access Highway Design _ Two -Lane or Muhl -Lane with Curb and Gutter 8, Construction Generally Free Access Highways Design 8.01 Construction Supervision 3.02 Including Stonn Sewers _ Two -Lane or Multi -Lane Widening and 8. Erosion and Sedimentation Control Reconstruction, with Curb and Gutter and Storm Erosion, Sedimentation, and Pollution Control and Sewers in Heavily Developed Commercial, X 9.01 Comprehensive Monitoring Program 3.03 industrial and Residential Urban Areas 9.02 Rainfall and Runoff Reporting _ Multi -Lane, Limited Access Expressway Type Field Inspections for Compliance of Erosion and 3.04 Highway Design 9.03 Sedimentation Control Devices Installations _ 3.05 Design of Urban Expressway and Interstate _ 3.06 Traffic Operations Studies _ 3.07 Traffic Operations Design 3.08 Landscape Architecture STATE OF GEORGIA DEPARTMENT OF TRANSPORTATION NOTICE OF PROFESSIONAL CONSULTANT QUALIFICATION You are qualified to provide Consulting Services to the Department of Transportation for the area -classes of work checked below. Notice of qualification Is not a notice of selection. NAME AND ADDRESS ISSUE DATE DATE OF EXPIRATION NOVA Engineering & Environmental, LLC 6/2/16 3/31/19 3900 Kennesaw 75 Parkway Suite 100 Kennesaw, GA 30144 SIGNATURE 1. Transporation Planning 3. Highway Design Roadway (Continued) 1.01 State Wide Systems Planning Traffic Control Systems Analysis, Design and _ Urban Area and Regional Transportation 3.09 Implementation 1.02 Planning 3.10 Utility Coordination _ 1.03 Aviation Systems Planning 3.11 Architecture _ 1.04 Mass and Rapid Transportation Planning 3.12 Hydraulic and Hydrological Studies (Roadway) _ 1.05 Alternate System and Corridor Location Planning 3.13 Facilities for Bicycles and Pedestrians _ 1.06 Unknown 3.14 Historic Rehabilitation _ 1.06a NEPA Documentation 3.15 Highway Lighting _ 1.061h History 3.16 Value Engineering _ 1.06c Air Studies 3.17 Design of Toll Facilities Infrastructure _ 1.06d Noise Studies _ 1.06e Ecology 4, Highway Structures _ 1.06f Archaeology 4.01a Minor Bridges Design _ 1.06g Freshwater Aquatic Surveys 4.01b Minor Bridge Design CONDITIONAL _ 1.06h Bat Surveys 4.02 Major Bridges Design _ 1.07 Attitude, Opinion and Community Value Studies 4.03 Complex Bridge _ 1.08 Airport Master Planning 4.04 Hydraulic and Hydrological Studies (Bridges) _ 1.09 Location Studies - 4.05 Bridge Inspection _ _ 1.10 Traffic Studies 5. Topography _ 1.11 Traffic and Toll Revenue Studies 5.01 Land Surveying _ 1.12 Major Investment Studies 5.02 Engineering Surveying 1.13 - Non -Motorized Transportation Planning 5.03 Geodetic Surveying 5.04 Aerial Photography 2. Mass Transit Operations 2.01 Mass Transit Program (Systems) Management 5.05 Aerial Photogrammetry _ 2.02 Mass Transit Feasibility and Technical Studies 5.06 Topographic Remote Sensing _ 2.03 Mass Transit Vehicle and Propulsion System 5.07 Cartography _ Mass Transit Controls, Communications and 5.08 Subsurface Utility Engineering 2.04 Information Systems _ 2.05 Mass Transit Architectural Engineering 6. Soils, Foundation ry Materials Testing _ 2.06 Mass Transit Unique Structures X 6.Ota Soil Surveys _ 2.07 Mass Transit Electrical and Mechanical Systems X 6.01b Geological and Geophysical Studies _ Mass Transit Operations Management and X 6.02 Bridge Foundation Studies 2.08 Support Services Hydraulic and Hydrological Studies (Soils and _ X 6.03 Foundation) 2.09 Aviation _ 2.10 Mass Transit Program (Systems) Marketing X 6.04a Laboratory Materials Testing _ X 6.04b Field Testing of Roadway Construction Materials 3. Highway Design Roadway X 6.05 Hazard Waste Site Assessment Studies Two -Lane or Multi -Lane Rural Generally Free 3.01 Access Highway Design _ Two -Lane or Multi -Lane with Curb and Gutter 8. Construction Generally Free Access Highways Design X 8.01 Construction Supervision 3.02 Including Storm Sewers _ Two -Lane or Multi -Lane Widening and 9. Erosion and Sedimentation Control Reconstruction, with Curb and Gutter and Storm Erosion, Sedimentation, and Pollution Control and Sewers In Heavily Developed Commercial, 9.01 Comprehensive Monitoring Program 3.03 Industrial and Residential Urban Areas X 9.02 Rainfall and Runoff Reporting Multi -Lane, Limited Access Expressway Type Field Inspections for Compliance of Erosion and 3.04 Highway Design X 9.03 Sedimentation Control Devices Installations _ 3.05 Design of Urban Expressway and Interstate _ 3.06 Traffic Operations Studies _ 3.07 Traffic Operations Design _ 3.08 Landscape Architecture A� o® CERTIFICATE OF LIABILITY INSURANCE OATE(MMIDDYYY EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS _SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 1/12/2017 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, R IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Dawn Whitehead Chastain & Associates Ins PHONE (706)543-2575--Lp/C -No(706)543-4847 -MAIL dawn@chastain-assoc.com ADDRESS: P.O. Box 1900 X COMMERCIAL GENERAL LIABILITY INSURERS) AFFORDING COVERAGE EACH OCCURRENCE NAIC q _ INSURER A:Selective_I_nsurance Cc ❑X 12572 Athens GA 30603 INSURED B:CNA TDAMAGE TO _INSURER A BM&K Construction, Inc. INSURERC: INSURER D: PREMISES Ea occu� ce PO Box 878 MED EXP(My ortp_auam) $ 5,000 _ INSURER E: 7/15/2016 7/15/2017 INSURER F: PERSONAL B ADV INJURY Braselton GA 30517 COVERAGES CERTIFICATE NUMBER CL171921876 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 r GaTIGIf:eTF Find 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 13000 Deerfield Pkwy ADM SUER Ste, 107 POLICY EFF POLICY EXP LIMITS R TYPE OF INSURANCE POLICY NUMBER X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,0001000 ❑X TDAMAGE TO $ 1001000 A CLAIMS -MADE OCCUR PREMISES Ea occu� ce MED EXP(My ortp_auam) $ 5,000 S 2233786 7/15/2016 7/15/2017 PERSONAL B ADV INJURY $ 11000,000 GENE AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY n JECT LOC PRODUCTS-COMPIOP AGO $ 21000,000 $ OTHER: AUTOMOBILE LIABILITY CMBIINtl DI SINGLE LIMIT $ 11000,000 BODILY INJURY (Per person) $ X ANY AUTO A ALLOWNED SCHEDULED S 2233786 7/15/2016 7/15/2017 BODILY INJURY (Per accident) $ AUTOS AUTOS PerraccidenDAMAGE $ AUTO-0VvNED HIRED AUTOS XkU ELA LIAR X OCCUR EACH OCCURRENCE $ 8,000 000AS AGGREGATE $ 8 000000 LIAB CLAIMS MADE RETENTION$ S 2233786 7/15/2016 7/15/2017 $ WORKERS COMPENSATION STATUTE ER AND EMPLOYERS' LIABILITY YIN_. _._ ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1 000 000 A OFFICEWMEMBER EXCLUDED? I. (Mandatory In NH)) NIA WC 9030288 7/15/2016 7/15/2017 E.L. DISEASE - EA EMPLOYEE S 1 000 000 E.L. DISEASE - POLICY LIMIT $ 1 000 000 Ify describe under DESCRIPTION OF OPERATIONS below B Builders Risk IMB322930 7/15/2016 7/15/2017 As Reported/Max Limit 3,000,000 C Professional Liability 05091863533 9/13/2016 9/13/2017 Each Occurrence 11000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) nFR C4 N(:EI.I.ATION ACORD 25 (2014/01) INS02512n14011 ©1988-2094 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Milton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 13000 Deerfield Pkwy ACCORDANCE WITH THE POLICY PROVISIONS, Ste, 107 Milton, GA 30004 AUTHORIZED REPRESENTATIVE Chas Chastain/DAWN ACORD 25 (2014/01) INS02512n14011 ©1988-2094 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD STATE OF GEORGIA ,,..s.eQ e�'_ Brian P. Kemp, Secretary of State Y State Board of Engineers and Land Surveyors y;a Engineer Firm License No. PEF005337 Status: Active BM&K, PC 2806 Roller Mill Drive Jefferson GA 30549 Expires: 6/30/2018 Issued: 4/1/2008 IIIIII'IVII VIII (III VIIVIIIIIIII�II Real-time license verification is available at sos.georgia.gov/PLB STATE OF GEORGIA _ Brifln P. Kemp, Secretary of State State Board of Engineers and Land Surveyors Engineer Firm License No. PEF005337 - Active BM&K, PC 2806 Roller Mill Drive Jefferson GA 30549 Issued: 4/1/2008 Expires 6/30/2018 Real-time license verification is available at sovgeorgia.gov/PLB STATE OF GEORGIA .,,,,vs 4{FBrian P. Kemp, Secretary of State t State Board of Engineers and Land Surveyors Professional Engineer License No. PE029212 Status: Active Donald Bernard Clerici, Jr 2806 Roller Mill Drive Jefferson GA 30549 Expires: 12/31/2018 Issued: 12/22/2003 Illlillllllllllllllllllllllllllllllllllllllllllill Real-time license verification is available at sosgeorgia.gov1PLR STATE OF GL{ORG1A _ Rrian P. Kemp, Secretary o£State State Board of Engineers and Land Surveyors Professional Engineer License No. PE029212 - Active Donald Bernard Clerici, Jr 2806 Roller Mill Drive Jefferson GA 30549 Issued: 12/22/2003 Expires 12/31/2018 Real-time license verification is available at soseleori ia.6ov/PLn "BM&K demonstrated their commitment to providing a quality product, paying attention to detail while coordinating all aspects of the work. We have no hesitancy whatsoever in recommending that you consider BM&K for your future projects. James T. Evans, Northern Region Manager Department of Natural Resources No Text Rate Sheet City of Milton Program Management Services BM&K Construction & Engineering HOURLY RATES Program Manager $135.00 Design Program Manager $105.00 Right of Way Manager $ 95.00 Right of Way Agent $ 80.00 Construction Manager $ 95.00 Construction Inspector $ 70.00 Senior Construction Inspector $ 78.00 Senior Engineer $ 95.00 Project Engineer $ 85.00 Construction Assistant $ 88.00 Field Technician $ 60.00 ProjectAdministrator $ 50.00 Right of Way and Appraisal Fee Schedule PRE-ACQUISITION Detailed cost estimate to negotiate from cost estimate 0-25 Parcels Detailed cost estimate to negotiate from cost estimate 25-50 Parcels Property Owners Meeting Coordination Services -Lump Sum per parcel (Includes) *Review Plans *Coordinate Plan Revisions *Review Titles *Attend Meetings *Prepare property management forms if needed *Prepare status reports *Meet with appraiser/reviewer to ride project $4,000.00 $5,000.00 $4,000.00 $500.00/Parcel Rate Sheet *Assign appraisals *Monitor appraisals Title Coordination $150.00/parcel ACQUISITION Owner offer $1500.00/parcel Other interest $1200.00/parcel Drive easement $1200.00/parcel Government interest $1200.00/parcel Revised offers $800.00/parcel 1:7 � tiZ�L11C�L1 Relocation study- Res owner or tenant $1,050.00 (Includes moving estimate) Relocation study- Res NRO $650.00 (Includes moving estimate) Relocation study -Commercial owner/tenant/NRO $650.00 (Includes moving estimate) Relocation offer $1500.00/parcel Relocation interview $800.00/parcel CLOSINGS Prepare closing documents $300.00/parcel PROJECT CERTIFICATION $2,000.00 ADM I N ISTRATIVE APPEALS $1200.00/pa rce I CONDEMNATION Coordination $350.00/parcel Prepare petition $500.00/parcel APPRAISAL SERVICES Level 1 (Strip Take -388 C) $1,500.00 Level 2 (2.1 -Before & After -Vacant land) $2,300.00 Level 2 (2.3) Before & After- without proximity; $2,800.00 with specialty reports Level 2 (2.4) Before &After with proximity $3,200.00 Level3(3.1)Before &After non res improved $4,200.00 i Level4 Before & After- Complex commercial $5,500.00 Sign Appraisals Less than 5 cabinets $250.00 More than 5 cabinets $275.00 Billboard $500.00 Cost to Cure Fees Fencing $2,000.00 Septic Analysis $11100.00 Septic CTC $2,500.00 Landscaping & Irrigation $2,800.00 Subdivision Entranceway $3,300.00 Detention Pond $4,100.00 Parking & Maneuverability -Minor Impact $4,400.00 Parking & Maneuverability -Major Impact $4,900.00 UST/Dispensers/Canopies $5,500.00 Building cut off or Site redevelopment $5,600.00 Appraisal Review Level 1 (Strip Take -388 C) $700.00 Level 2 (2.1 -Before & After -Vacant Land )1,250.00 Level 2 (2.3) -Before & After -without proximity; $1,200.00 with specialty reports Level 2 (2.4) -Before & After with proximity $1,400.00 Level 3 (3.1) -Before & After Non Res Improved $1,750.00 Level 4 -Before & After -Complex Commercial $2,000.00 Project Inspection Checklist 0-25 Parcels $1,500.00 25-50 Parcels $2,500.00 Fees increase January 1 of each year by 3%. NOVA Schedule of Fees Professional Personnel Rates Hourly Rate or Price/Unit Standard Proctor ASTM D-698 $110.00 each Principals and Chief Engineer/Consultant $150.00 In -Situ Density /hr Soil Plasticity (Atterberg) test $75,00 each Senior Engineer/Geologist/Specialist $125.00 Wash Sieve Analysis /hr Project Engineer/Geologist/Specialist $85.00 /hr Staff Engineer/Geologist/Specialist $75.00 /hr ICC Special Inspector $65.00 /hr CADD operator/Drafter N/A /hr Technician $50.00 /hr Clerical/Administrative $45.00 /hr Average Hourly Rate (Sum of all hourly rates : 8) /hr (A) Overhead (150% max. audited rate x A) /hr (B) Profit (10% max x A) /hr (C) Average loaded hourly rate (A+B+C) /hr The Average loaded hourly rate will be used in the proposal evaluation Laboratory Testing -Soil Price Standard Proctor ASTM D-698 $110.00 each Modified Proctor ASTM D-1557 $125.00 each In -Situ Density $25.no each Soil Plasticity (Atterberg) test $75,00 each Dry Sample Sieve Analysis $75.00 each Wash Sieve Analysis $75.00 each Hydrometer Analysis $120.00 each Falling Head Permeability Test $350.00 each Constant Head Permeability Test $300.00 each Unconfined Compression Test(s) (ASTM -2166) $165.00 each Direct Shear (Shear box) Test(s) $700.00 each Nuclear Density Gauge Rental $25.00 /day Laboratory Concrete Compressive Strength testing of Grout Prisms (ASTM C109) $15.00 each Compressive Strength testing of concrete test cylinders (ASTM C39) $10.00 each Laboratory Asphalt (price shall include all labor, equipment and materials necessary to obtain the core samples) Density testing of cored specimen (includes price to obtain core) each Specific gravity of cored specimen $25.00 each Drilling Mobilization of Truck Mounted Drill Rig $550.00 lump SUM Mobilization of ATV Mounted Drill Rig 65(1 nn lump sum Standard Test Boring (0'-50') $11.00 I.f. Standard Test Boring (50'-100') $13.00/l.f. Additional Split Spoon Samples $25.00 each Wash Boring W/Std. Pene. (0'-50') $1,1i on /I.f. Wash Boring W/Std. Pene. (50'-100') $18 no /I.f. Auger Boring (0'-100') $9.00 /I.f. Rock Coring (0'-50') 50.00 /I.f. Rock Coring (50'-100') $65.00 Af. Rock Core Casing $10.00 Af. Rock Core Set -Up Charge $175.00 each Ground Penetrating Radar $1,750,00 /day No Text EXHIBIT "D" STATE OF GEORGIA COUNTY OF JACKSON 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: 222350 Federal Work Authorization User Identification Number 6/17/2009 Date of Authorization BM&K, P.C. Name of Contractor City of Milton Program Management 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. Execstlied on April 20th , 20 17 in raselt n (city), GA (state). (4A- �L�— (-� Signature of Authorized Officer or Agent Donald B. Clerici, PE President Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 20th DAY OF April .-20,17. NOTARY PUBLIq,,,;;,;,, - Ao, [ND P� �F�s0 < = o My Com-tnt si ex d' ' % c� ..O ;rO 5/23/18 �'�' May 23(� N-0 m "I'll, Co U N- ,Bo4p96 STATE OF _____________ COUNTY OF ___________ 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 BM&K, P.C. (name of contractor) 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 City of Milton Program Management 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: ________________________________ No Text No Text �A M1 LTON" * ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: 6, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and the Tomal Corporation for Guardrail Repairs on Hamby Road. MEETING DATE: Monday, May 1, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: („ JI PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: („J4ES () NO CITY ATTORNEY REVIEW REQUIRED: ()IBES () NO APPROVAL BY CITY ATTORNEY: (.4"APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 05,10,120)1 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Matthew Fallstrom- Capital Projects Manager Date: Submitted on April 25th for the May 1st Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and The Tomal Corporation for Guardrail Repairs on Hamby Rd. _____________________________________________________________________________________ Project Description: Repairs in like kind to the damaged bridge guardrail on the bridge located near 15745 Hamby Road. Procurement Summary: Purchasing method used: 3 Written Quotes ($5,000-$49,999) Account Number: 100-4101-523310000 Requisition Total: $7,855.00 Vendor DBA: Wildcat Striping and Sealing Other quotes or bids submitted (vendor/$): Vendor/Firm Quote/Bid Martin-Robbins Fence Co Withdrew Bid C&C Fence Co No Bid Financial Review: Bernadette Harvill – 4/26/17 Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, 4/24/2017 Attachment(s): Construction Services Agreement. HOM�OF `ItiE EESr GUALITt OE rtfE it! GfCRG�h' M1 ;j.. ESTABLISHED 20BG CONSTRUCTION SERVICES AGREEMENT — SHORT FORM AGREEMENTS $10,000.00 OR LESS Hamby Road Guard Rail Repair This Construction Services Agreement (the "Agreement") is made and entered into this _day of , 241_ (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 Milton City Council, located at 2005 Heritage Walk. Milton, Georgia 30004 (hereinafter referred to as the "City"), and The Tomal Corporation., a Georgia Corporation, Dba Wildcat Striping R Sealing having its principal place of business at 5365 Truman Drive, Decatur, Georgia 30035(hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties". WITNESSETH THAT: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project (defined below); and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in the Contract Documents (defined below). 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 hereto do mutually agree as follows: Section 1. Contract Documents: This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the Contract Documents: A. Scope of Work, attached hereto as "Exhibit A"; B. hisurance Certificate, attached hereto as "Exhibit B"; C. Contractor Affidavit, attached hereto as "Exhibit C"; D. Subcontractor Affidavit, attached hereto as "Exhibit D"; and E. City of Milton Code of Ethics (codified in the official Code of the City of Milton). In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work: A general description of the Project is as follows: repairs in like kind to the damaged bridge guardrail on the bridge located near 15745 Hamby Road, Milton, Georgia 30004 (the "Project"). 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 All, attached hereto and incorporated herein by reference. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 3. Contract Term • Termination: Contractor 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. Contractor shall commence Work pursuant to this Agreement on or before the start date to be specified on a written "Notice to Proceed" issued by the City and shall fully complete the Work within 10 business days Construction Services Agreement I Version 1.0 of the start date specified in the "Notice to Proceed". The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 4. Work Chancres: Any changes to the Work requiring an increase in the Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case; exceed $7,855.00 C"Contract Price"), except as outlined in Section 4 above. The compensation for Work performed shall be based upon Flat Fee, and Contractor represents that the Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon the City's certification that the Work was actually performed and costs actually incurred in accordance with this Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of an invoice setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. An invoice shall be submitted at the completion of the Work, and such invoice shall reflect costs incurred versus costs budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment, as appropriate) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. Section 6. Covenants of Contractor: A. Ethics Code: Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the services required by this Agreement. Contractor and the 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. The Contractor and the 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 Contractor or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Expertise of Contractor, City's Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that, therefore, the City bears no responsibility for Contractor's Work performed under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. The Contractor acknowledges and agrees that the acceptance or approval of any Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Contactor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards. C. Contractor's Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. Construction Services Agreement I Version 1.0 D. Contractor's Representative; Meetings. Courtney Evans [INSERT NAME] shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. Contractor shall 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. E. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor. The Contractor 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 and payment of subcontractors, agents, or employees to complete the Work, including compliance with Social Security, withholding, and all other regulations governing such matters. Any provisions of this Agreement that may appear to give the City the right to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City and the Contractor 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. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. F. Responsibility of Contractor and Indemnification of Cid. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify, and hold harmless the City and the 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 a willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act 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 other right or obligation of indemnity which would otherwise exist as to any party or pet -son described in this provision. 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. G. Insurance. Contractor shalt have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit °`B", attached hereto and incorporated herein by reference. Contractor shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general Iiability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Contractor shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Contractor's Work and that the City and its officials, employees or agents are named as additional insureds. H. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of, this Agreement, without the prior express written consent of the City. 1. Employment of Unauthorized Aliens Prohibited — E - Vere Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: Construction Services Agreement f Version 1.0 (1) the Contractor shall provide evidence on City -provided forms, attached hereto as "Exhibits "C" and "D" (affidavits to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its 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) the Contractor provides evidence that it is not required to provide an affidavit because it is an indivichial licensed pursuant to Title 26 or Title 43 or by the State Bat- of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in "Exhibit C", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as "Exhibit D11, which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [CHECK ONE] 500 or more employees. 100 or more employees. X Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. J. Confidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. K. Licenses. Certifications and Permits. Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary or customarily secured for proper execution and completion of the Work. L. Authority to Contract. The individual executing this Agreement on behalf of Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners, or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. M. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic forin, prepared or in the process of being prepared for the Work ("Materials") shall be the property ofthe City, and the City shall be entitled to fill access and copies of all such Materials in the form prescribed by the City. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. Construction Services Agreement j Version 1.0 N. 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, the Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. Section 7. Tonal Project Documents; Warranty: Prior to final payment, Contractor shall deliver to City copies of any as -built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within one (1) year from the date of completion at no additional cost to the City. Section S. Miscellaneous: A. Complete Agreement; Counterparts; Third PartyRights. This Agreement, including all of the Contract Documents, 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. This Agreement may be execrated in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 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. B. Governing Law; Business License. Prover Execution. 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. 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 Contractor submits to the jurisdiction and venue of such court. During the Term of this Agreement, Contractor shall maintain a business license with the City, unless Contractor provides evidence that no such license is required. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia's Open Records Act (O.C.G.A. § 50-18-70, et seri.). C. Notices. All notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shalt be deemed received, and shall be effective, when (1) personally delivered, or (2) on the third calendar 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 addresses first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. D. Waiver; Sovereign immunity. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only to the extent specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. E. Agreement Construction and Interpretation, Invalidity of Provisions,• Severability. Contractor represents that it has reviewed and become familiar with the Contract Documents, the nature and extent of the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Contractor represents that it has given the City written notice of all conflicts, errors, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor. 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 Contract Documents may ornit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is Construction Services Agreement f Version 1.0 absent from one statement and appears in another is not intended to affect the interpretation of either statement. 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 invalid. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. CITY OF MILTON, GEORGIA Signature: Joe Lockwood, Mayor [CITY SEAL] Attest: By: Its: City Clerk Approved as to form: COT'�'TRA T ; The Tomat Corporation dba Wildcat Striping and Sealing i 13� . Ty) Dunn Its- [CIRUL' ONE] siden Vice President (Corporation) General Partner (Partnership/Limited Partnership) i\lember/Manager (LLC) Owner (Sole Proprietorship/Individual) [CORPORATE SEAL] (required if corporation) Attest/ 1litness: , ., � By . Angela t. Pekmezcr Its: Contracts Administrator ((Assistant) Corporate Secretary if corporation) City Attorney Construction Services Agreement I Version 1.0 "EXHIBIT A" Wildcat Striping & Sealing's Proposal #400239 on following page. QTY Description price I Remove: existing guardrail (rem both sides of bridge and haul away, $7,855.00 Provide and inamll (10) sections of (126 LF) of W -beam guardrail and (4) and piec.:s (bolted into concrete on the side of the bridge and secured tv;lfl adtlasive). Traffic control is included in the pr;ce and is required duo to existing road Corxi(Ws FRd 2. !aro reed_ One nfr�t li.atirrn included. Add 51.600 for each addiiianxl rnnbiliralion above enc. Ext Priv>> Accept? Gr £65,(]1 i his prop7aaf excludes the folkywing : Bonds, ponnlits, spring, hand dug holes, concrete arses, wooden posts, yraJ't .p, vary any it -mit or gva"fiCty not S18ted above. Pieces No' -3: Surfsco to be stiip2.1 needs to be ready for paint zpplication priorto Wildcat rrobi!ization. Clean'r+g er pressim we Ahirg must be done by owne' or contractor it ttua area to be striped is on concrete or on new construction. All vehicles a;r;dl m!iteai.9;.5 need to be removed front Sita prior t0 Wildcat rnobili7etion. Any trip to a job not rest1'ling in Hort: bci.•Tg pft0o7m ed Rally dura 10 site faint of others Will re4u;t in additional rimes, e;.,rnxa�.+nrvw.+r or fr.aaurtevu:lvmcfe 1rtRvar�era0f{ERFiJN ANYWKIED WARRANTY WLICHC"ll'i ny OR MNESS IS LWITED TOTFE eed b fA 83 STATED Irl U v4t%tVA to co - Wt phrosu teyety la kamsh 1�, E*400WA and faeftr at • conptote In aaWdance wtRt Ota o4o.0 W 6Oftyir.m - AN mmaraf N Eusra stM b be as spaoAad •Y Ifl aMtk VA M aa�phNiat'r it A tvakmx&e warner ewer" to Stoddard rWias - Ary allaradon or dev;Wgn haat a%%-* epcirirado :s in,cMtg oma Mels oil be cKM*d" span a tin bolwre aM vis baceme m enha charge Gwand a sew 0404"At-•Stuld the anarr6i dol under O:a caab kA aley pat da be Fast 04 Ra Cn•Csn:l�:shasbear&IWtoaOruna/s tea andM660410ndfe6m,FAainimaatblood Oak4hfrof�a1.351Put 00*1anbm*mam"*-AAoe-wnaiso alnprriuVan ssa.f, aestival. ordetayshayna0 cu vi 4.9-Tffie4+6tsaonh ea vett ale anyaMrtXagwrar 7aa bperbm tis rak • • Prolaets aro 1144W b out ad1 educt In"mdartheyare recevad. P -C: le r Intado ^4 Ft an- n#4"tue to w"s law Mia"Itr to Fafoaa,dN-t*- Tht, attars quolalmVaE5 NOT rh'C (W FUMIS49W BOND Ttw limp sum traCs x.otArowda on¢Mwrit9 a raa' Jiv Aim: wrdrmtar an pnn:7.a IT raTaYad eryr ee<i q evil sameyvd ocnaoi P1,11 or rtvirad *100 MI b W MCII swPlig r. Galli}- TM, qibleh inMsext" VAN txpnsJanywo7 4 aa-owvm+ktrsamfullsanwodbytt44mIhi'scomptr"bm paf.Y40 it&—t—!zmp'tkn irr txh phaco 01n3+i, F►aam d" Ow meyrrr91 papmaat Groh_.—_Gr�:�:_ CC. ,OEaar_ CG s . Tylx {Val . UC • AMI -X • thxa,ar I ccv[•.da_ F.x&,.kq Dab _..-._ Atceprir+rm el pxfc441-nA abrk-b Pfhr. r, erCC4fne1l M and W4ift& ata eaKf!4,.h xy &4 at, t&vl:y accsplaJ. Vast era a•dlwirH fa do the eo k ax 4 y a}.,i9 _—_-- , halo Sp'.:"JR' Flat- Wildcat Striping & Sealing 5365TrtanDrivo mTDecatur, Pcogosal. #1UU2:39 GA 30035 15th, 2016 V., 678.937.9523 JASeptember F: 678.937.9151 subr, tted to City of Mikan Job -ate Name Hamby Rd Bridge Guardrail Address 13000 Dcvriioid Pkwy Proposal Name Guardrail Project City State, Zip Milton, GA 30004 Jotule Address 15745 Hamby Rd Csntucl Name Roddy (dotes Jobsite City, $t. Zip Milton. GA 34604 Contact Uhra'' (�r:cldy.lvtotos ��yvfm0'.anga.ys Estimator Courtney Evans Crintact Phone (678) 242-2563 Direet Lints (404) 2936198 Cur:la.:tGfob"•+ Wait cnlntnc}w?vei'�CF1+Stft�?li .(Mil QTY Description price I Remove: existing guardrail (rem both sides of bridge and haul away, $7,855.00 Provide and inamll (10) sections of (126 LF) of W -beam guardrail and (4) and piec.:s (bolted into concrete on the side of the bridge and secured tv;lfl adtlasive). Traffic control is included in the pr;ce and is required duo to existing road Corxi(Ws FRd 2. !aro reed_ One nfr�t li.atirrn included. Add 51.600 for each addiiianxl rnnbiliralion above enc. Ext Priv>> Accept? Gr £65,(]1 i his prop7aaf excludes the folkywing : Bonds, ponnlits, spring, hand dug holes, concrete arses, wooden posts, yraJ't .p, vary any it -mit or gva"fiCty not S18ted above. Pieces No' -3: Surfsco to be stiip2.1 needs to be ready for paint zpplication priorto Wildcat rrobi!ization. Clean'r+g er pressim we Ahirg must be done by owne' or contractor it ttua area to be striped is on concrete or on new construction. All vehicles a;r;dl m!iteai.9;.5 need to be removed front Sita prior t0 Wildcat rnobili7etion. Any trip to a job not rest1'ling in Hort: bci.•Tg pft0o7m ed Rally dura 10 site faint of others Will re4u;t in additional rimes, e;.,rnxa�.+nrvw.+r or fr.aaurtevu:lvmcfe 1rtRvar�era0f{ERFiJN ANYWKIED WARRANTY WLICHC"ll'i ny OR MNESS IS LWITED TOTFE eed b fA 83 STATED Irl U v4t%tVA to co - Wt phrosu teyety la kamsh 1�, E*400WA and faeftr at • conptote In aaWdance wtRt Ota o4o.0 W 6Oftyir.m - AN mmaraf N Eusra stM b be as spaoAad •Y Ifl aMtk VA M aa�phNiat'r it A tvakmx&e warner ewer" to Stoddard rWias - Ary allaradon or dev;Wgn haat a%%-* epcirirado :s in,cMtg oma Mels oil be cKM*d" span a tin bolwre aM vis baceme m enha charge Gwand a sew 0404"At-•Stuld the anarr6i dol under O:a caab kA aley pat da be Fast 04 Ra Cn•Csn:l�:shasbear&IWtoaOruna/s tea andM660410ndfe6m,FAainimaatblood Oak4hfrof�a1.351Put 00*1anbm*mam"*-AAoe-wnaiso alnprriuVan ssa.f, aestival. ordetayshayna0 cu vi 4.9-Tffie4+6tsaonh ea vett ale anyaMrtXagwrar 7aa bperbm tis rak • • Prolaets aro 1144W b out ad1 educt In"mdartheyare recevad. P -C: le r Intado ^4 Ft an- n#4"tue to w"s law Mia"Itr to Fafoaa,dN-t*- Tht, attars quolalmVaE5 NOT rh'C (W FUMIS49W BOND Ttw limp sum traCs x.otArowda on¢Mwrit9 a raa' Jiv Aim: wrdrmtar an pnn:7.a IT raTaYad eryr ee<i q evil sameyvd ocnaoi P1,11 or rtvirad *100 MI b W MCII swPlig r. Galli}- TM, qibleh inMsext" VAN txpnsJanywo7 4 aa-owvm+ktrsamfullsanwodbytt44mIhi'scomptr"bm paf.Y40 it&—t—!zmp'tkn irr txh phaco 01n3+i, F►aam d" Ow meyrrr91 papmaat Groh_.—_Gr�:�:_ CC. ,OEaar_ CG s . Tylx {Val . UC • AMI -X • thxa,ar I ccv[•.da_ F.x&,.kq Dab _..-._ Atceprir+rm el pxfc441-nA abrk-b Pfhr. r, erCC4fne1l M and W4ift& ata eaKf!4,.h xy &4 at, t&vl:y accsplaJ. Vast era a•dlwirH fa do the eo k ax 4 y a}.,i9 _—_-- , halo Sp'.:"JR' Flat- INSURANCE CERTIFICATE Client#: 1069414 126WILDCSTR ACORDTM CERTIFICATE OF LIABILITY INSURANCEDATE(MM/DD/YYYY) INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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, 4/17/2017 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 CONTACT NAME: BB&T Insurance Services, Inc. PHONE FAX 877.657-1559 AIC, No Ext): A/C, No 1887 Hwy 20 SE Suite 200 4 -MAIL CertificatesGA@bbandt.com Conyers, GA 30013 03131/201& 770 483-0080 INSURERS) AFFORDING COVERAGE NAIC # INSURER A: Selective Way Insurance Company 26301 X PD Ded:500 INSURED INSURER B: Bridgefield Casualty Insurance 10335 The Tomal Corporation DBA Wildcat Striping &Sealing INSURER C; 5365 Truman Drive INSURER D: INSURER E: Decatur, GA 30035 INSURER F: COVEkAut5 CERTIFICATE NUMBER: REVISION NIIMRFR- 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 CONTRACTOR 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. LTR TYPE OF INSURANCE NSRL SUBR WVD POLICY NUMBER POLICY EFF EXP MM/DDY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE L_J OCCUR S2162125 3/31/2017 03131/201& EACH OCCURRENCE $1,000,000 PREMISES Ea RENTED X PD Ded:500 _s500,000 MED EXP (Any one person) $15,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY ECT LOC GENERAL AGGREGATE s2,000,000 PRODUCTS -COMP/OP AGG s2,000,000 S OTHER: • AUTOMOBILE LIABILITY S2162125 3/31/2017 03/31/201 EO aBTE'tSINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident $ ( ) X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ A X UMBRELLA LIAB X OCCUR S2162125 3/31/2017 03/31/2018 EACH OCCURRENCE $9,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $9,000,000 DED I X RETENTION $O $ B WORKERS COMPENSATION19636541 AND EMPLOYERS' LIABILITY YIN OFFICER/MEMBIER EXCLUDED? ECUTIVE� N / A 3!31/2017 03/31/201 X PER OTH- T T E.L. EACH ACCIDENT $1 ,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 I Mandatory i e and If yes, describe under E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) ** Workers Comp Information ** Proprietors/Partners/Executive Officers/Members Excluded: Tyler Dunn, Pres. Jobsite name: Hamby Road Bridge Guardrail 15745HambyRd. Milton, Ga 30004 Proposal Name: Guardrail Project City of Milton 13000Deerfield Pkwy Alpharetta, GA 30004 ACORD 25 (2014/01) 1 of 1 #S17993405/M17968659 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 ©1988-2014 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD RJLO "EXHIBIT C" CONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-10-91(b)(1) STATE OF GEORGIA COUNTY OF DEKALI3 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: 150155 Federal Work Authorization User Identification Number 03/2212010 Date of Authorization The Tomal Corporationdba wildcat Striping & Sealing Name of Contractor Hamby Road Guardrail Repair 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 APRIL 13 , 2017 in DEC T R_ (City), GA (state). S>gnatu f Authorized Officer or Agent TYLER DUNN, PRESIDENT Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 131h DAY OF April , 2017 NOT Y LIB U My Commission Expires: 717/2020 EXHIBIT D" SUBCONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-10-91(b)(3) STATE OF COUNTY OF By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, finn or corporation which is engaged in the physical performance of services under a contract with [INSERT NAME OF CONTRACTOR] 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 Subcontractor Hamby Road Guardrail Repair 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 _, 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 201. NOTARY PUBLIC My Commission Expires: T T J IB. 'IP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 25, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Proclamation Recognizing Municipal Clerks Week. MEETING DATE: Monday, May 1, 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 (IN0 CITY ATTORNEY REVIEW REQUIRED: () YES (%NO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 05101/201-) 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 0000 info@cityofmiltonga.us I www.cityofmiltonga.us Recognizing Municipal Clerks Week WHEREAS, the office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS, the office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, Municipal Clerks serve as the information center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, city, county and international professional organizations; and WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby recognize the week of May 7 through May 13, 2017, as Municipal Clerks Week, and further extend appreciation to our Municipal Clerk, Sudie Gordon, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. Given under our hand and seal of the City of Milton, Georgia on this 1st Day of May, 2017. ______________________ Mayor Joe Lockwood MII-TON�'Ip ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: A ril 27, 2017 FROM: Steven Krokoff, City Manage AGENDA ITEM: Consideration of An Ordinance of the City of Milton, Georgia to Amend Chapter 4, Alcoholic Beverages of the Code of the City of Milton, Georgia (Comprehensive Amendments). MEETING DATE: Monday, May 1, 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: (-KYES () NO CITY ATTORNEY REVIEW REQUIRED: (IVES () NO APPROVAL BY CITY ATTORNEY. V'APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0510,12011 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us -04 To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on April 27, 2017 for the May 1, 2017 Regular City Council Meeting Agenda Item: Consideration of An Ordinance of the City of Milton, Georgia to Amend Chapter 4, Alcoholic Beverages of the Code of t the City of Milton, Georgia (Comprehensive Amendments). ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: After speaking with current and potential business owners, property managers, attorneys, and City staff, we have made revisions to current Chapter 4 ordinances and created three new categories of alcohol licenses to make the City of Milton more desirable to do business. At the direction of Council, we have added defined districts in Deerfield and Birmingham Crossroads to reflect similar allowances for open-carry that currently exist in Crabapple. The intent of the changes and additions is to increase revenue of current and potential businesses and increase compliance with the City’s ordinances. Funding and Fiscal Impact: An anticipated increase in revenue as a result of new license applications. Alternatives: None. Legal Review: Molly Esswein, Jarrard & Davis April 27, 2017 Attachment(s): Updated Chapter 4 Alcohol Ordinance Updated Appendix A Maps of defined districts in Crabapple, Deerfield, and Birmingham Crossroads ORDINACE NO. STATE OF GEORGIA COUNTY OF FULTON AN ORDINACE TO AMEND CHAPTER 4, ALCOHOLIC BEVERAGES OF THE CODE OF THE CITY OF MILTON, GEORGIA (COMPREHENSIVE AMENDMENTS) BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on May 15, 2017 at 6:00 p.m. as follows: SECTION 1 That the condition of Chapter 4 has revisions in Sec. 4-1. – Definitions., Sec. 4-47. – Application; investigation consent., Sec. 4-192. – Growlers., Sec. 4-193. - Ancillary wine and malt beverage tasting., Sec. 4-231. – Locations where permitted., Sec. 4-232. – Hours and days of sale., Sec. 4-233. – Promotions and sales., Sec. 4-235. – Pouring permits required., Sec. 4-239. - Limited consumption on premises licenses., Sec. 4-359. – General Provisions., Sec. 4-557. – Distance requirement., ARTICLE IX. – Special Provisions and Exceptions within Designated Zoning Districts, and Appendix A – Fees and Other Charges.; and SECTION 2 That the Chapter shall be revised in compliance with the State of Georgia; and SECTION 3 That all ordinances or part of ordinances that conflict with the terms of this ordinance are hereby repealed; and SECTION 4 This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature approval of the Mayor. ORDAINED this 15th of May, 2017. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________ Sudie Gordon, City Clerk (Seal) Page 1 Chapter 4 - ALCOHOLIC BEVERAGES[1] Footnotes: --- (1) --- Editor's note— Ord. No. 15-03-236, § 1, adopted March 16, 2015, amended the Code by repealing ch. 4 in its entirety and enacting new provisions to read as herein set out. Former ch. 4, §§ 4-1—4-5, 4-25—4-27, 4-47—4-53, 4-73—4-75, 4-96—4-102, 4-122—4-125, 4-145—4-147, 4-167, 4- 168, 4-188—4-192, 4-211—4-213, 4-232—4-234, 4-254—4-257, 4-277, 4-297, 4-317—4-319, 4-339, 4- 359—4-361, 4-417, 4-437, 4-457, 4-477, 4-497—4-500, 4-520—4-545, and pertained to similar subject matter. See the Code Comparative Table for a complete derivation. State Law reference— Georgia Alcoholic Beverage Code, O.C.G.A. § 3-1-1 et seq.; regulation of alcoholic beverages generally, O.C.G.A. § 3-3-1 et seq.; authority of local authorities to license and regulate alcoholic beverage sales, O.C.G.A. § 3-3-2; local regulation of sales on Sundays, O.C.G.A. § 3-3-7; prohibited acts on licensed premises, O.C.G.A. § 3-3-40 et seq.; malt beverages, O.C.G.A. § 3-5-1 et seq.; wine, O.C.G.A. § 3-6-1 et seq.; local licensing requirements for sale of malt beverages, O.C.G.A. § 3-5-40 et seq.; requirements for sale of wine, O.C.G.A. § 3- 6-40. ARTICLE I. - IN GENERAL Sec. 4-1. - Definitions. (a) Unless a contrary intention is clearly apparent from the context, any term used in this chapter shall have the same meaning as when used in a comparable provision of the Georgia Alcoholic Beverage Code (O.C.G.A. § 3-1-1 et seq.). (b) The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. Alcoholic beverage means all alcohol, distilled spirits, beer, malt beverage, wine or fortified wine. Alcoholic beverage caterer means any retail dealer licensed pursuant to this chapter who provides alcohol at authorized events or functions. Applicant means the person, partner, firm or corporation, as owner, or other entity authorized to represent the business making application for the license. Barrel means a wooden vessel that is used to age/condition/ferment beer; a standard unit of measure is 31 gallons (27 CFR § 25.11). Beer or malt beverage means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water, containing not more than 14 percent alcoho l by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, known as Japanese rice wine. The term "beer" is used interchangeably with "malt beverage." Page 2 Brewpub means any eating establishment in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in O.C.G.A. § 3 - 5-36 for retail consumption on the premises and solely in draft form. Brown bag license, brown bagging or brown bagged means a license for any place of business open to the public or any private club which allows guests, patrons or members to purchase the establishment’s wine on the premises, and leave with the unfinished portion after being corked by a permitted employee of the establishment. Bring Your Own Beverage (BYOB) License means a license for any place of business open to the public that allows patrons to bring in their own wine and beer; Limited to wine and beer. Church means any permanent place of public religious worship. Distilled spirits or spirituous liquor means any alcoholic beverage obtained by distillation or containing more than 24 percent alcohol by volume including, but not limited to, all fortified wines. Eating establishment means an establishment which is licensed to sell distilled spirits, beer, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food; provided, however, that neither barrels of beer sold to licensed wholesale dealers for distribution to retailers and retail consumption dealers, as authorized pursuant to O.C.G.A. § 3-5-36(2)(c), nor package sales of wine and/or beer shall be used when determining the total annual gross food and beverage sales. Fixed salary means the amount of compensation paid any member, officer, agent, or employee of a bona fide private club as may be fixed for him or her by its members at a prior annual meeting or by the governing body out of the general revenue of the club and shall not include a commission on any profits from the sale of alcoholic beverages. For the purpose of this definition, tips or gratuities which are added to the bills under club regulation shall not be considered as profits from the sale of alcoholic beverages. Farm winery means a domestic winery that is licensed as a farm winery by the State of Georgia. Food caterer means any person that prepares food for consumption off the premises. Fortified wine means any alcoholic beverage containing more than 24 percent alcohol by volume made from fruits, berries, or grapes, either by natural fermentation or by natural fermentation with brandy added. "Fortified wine" includes, but is not limited to, brandy. Full-service kitchen means a kitchen that consists of a commercial sink; a stove or grill permanently installed; and a refrigerator. All of which must be approved by the health and fire departments. Golf club means a golf facility consisting of a clubhouse or a professional golf shop and a regulation or executive length golf course of at least nine holes, as recognized by the United States Golf Association, the Professional Golfers Association of America, and the Georgia State Golf Association. Growler means a glass or ceramic container not to exceed 64 ounces that is filled by a licensee or employee of a licensee with beer from a keg and securely sealed for off -premises consumption. Hotel means any building or other structure providing sleeping accommodati ons for hire to the general public, either transient, permanent, or residential. Motels meeting the qualifications set out in this definition for hotels shall be classified in the same category as hotels. Incidental License means a license for an establishment that does not sell food; Cannot charge for alcohol; Limited to wine and beer; Consumption for any individual shall not exceed 16 ounces of wine or 24 ounces of beer within a calendar day; Alcohol expense shall not Page 3 exceed 2% of gross receipts (gross receipts shall have the same meaning as provided in section 12-20) License means the authorization by the governing authority of the city to engage in the sale of alcoholic beverages as provided for in this chapter. Licensee means the individual to whom a license is issued or, in the case of a partnership or corporation, all partners, officers, and directors of the partnership or corporation. Limited Tap License means a license for an establishment that does not sell food; Limited to 4 beer taps; Kegs must be from breweries located no further than 50 aerial miles from the establishment; Consumption for any individual shall not exceed 48 ounces within a calendar day; Gain approval from the Fire Marshall and Building Official in accordance with applic able codes. Liter means the metric measurement currently used by the United States. Manufacturer means any maker, producer, or bottler of an alcoholic beverage. The term "manufacturer" also means: (1) In the case of distilled spirits, any person engaged in distilling, rectifying, or blending any distilled spirits; provided that a vintner that blends wine and distilled spirits to produce a fortified wine shall not be considered a manufacturer of distilled spirits; (2) In the case of malt beverages, any brewer; and (3) In the case of wine, any vintner. Package means a bottle, can, keg, barrel, or other original consumer container. The term "retail package alcoholic beverages" includes all alcoholic beverages in their original container, sold at retail to the final consumer, and not for resale. Pouring permit means an authorization granted by the city to cork, dispense, sell, serve, take orders, or mix alcoholic beverages in establishments licensed as a retail consumption dealer or brown bag establishment. Premises means the location, whether room, shop, or building, wherein activities permitted by this chapter are conducted. Private club means any nonprofit association organized under state law which: (1) Has been in existence at least one year prior to the filing of the application for a license to be issued pursuant to this chapter; (2) Has at least 75 regular dues-paying members; (3) Owns, hires or leases a building or space within a building for the reasonable use of its members with: a. A suitable kitchen and dining room space and equipment; and b. A sufficient number of employees for cooking, preparing and serving meals for its members and guests; (4) Has no member, officer, agent or employee directly or indirectly receiving in the form of salary or other compensation any profits from the sale of alcoholic beverages beyond a fixed salary. Registered agent means a natural person age 21 years or older and residing in the city or the county who is empowered to act for and represent the licensee in all matters with the city relating Page 4 to an establishment licensed or making application for a license to sell alcohol upon whom any process, notice or demand required or permitted by law or under this chapter may be served. Retail consumption dealer means any person who sells alcoholic beverages for consumption on the premises, at retail, only to consumers and not for resale. Retail package dealer means any person who sells unbroken packages or growlers, at retail, only to consumers and not for resell. School building or educational building. This applies only to state, county, city or church school buildings and to such buildings at such other schools in which ar e taught subjects commonly taught in the common schools and colleges of the state and which are public schools and private schools as defined in O.C.G.A. § 20-2-690(b). The term "school building" includes only those structures in which instruction is offered. Special event. This term shall have the same meaning as provided in section 64-1596. Special events facility. This term shall have the same meaning as that provided for “assembly hall” or "rural or agricultural event facility" provided in section 64-1. Specialty gift shop means any retail gift shop that derives not more than 15 percent of its gross sales from the sale of package gift baskets containing non-alcohol related items such as flowers, plants, food or similar items which also contain unbroken containers of wine or malt beverages. Sports club means an association or corporation organized and existing under state law, organized and operated primarily to provide a location for the patrons thereof to engage in sporting events. (1) To qualify for an alcoholic beverage consumption dealer's license, a sports club must have been actively in operation within the city at least two years prior to an application for license under this chapter; provided, however, the two-year operational requirement shall not apply to golf club associations or golf club corporations where the selling or the serving of alcoholic beverages is to take place on the golf course premises. (2) A sports club organized or operated primarily for serving alcoholic beve rages shall not qualify for licensing under this chapter, and accordingly shall not be permitted to serve alcoholic beverages at any time. (3) Unless otherwise indicated, a sports club licensee shall comply with all other requirements imposed upon retail consumption dealers. Tasting room means an outlet for the promotion of a farm winery's wine by providing samples of such wine to the public and for the sale of such wine at retail for consumption on the premises and for sale in closed packages for consumption off the premises. Samples of wine may be given complimentary or for a fee. Wholesaler or wholesale dealer means any person who sells alcoholic beverages to other wholesale dealers, retail dealers, or retail consumption dealers. Wine means any alcoholic beverage containing not more than 24 percent alcohol made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. "Wine" includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, and special natural wines, rectified wines, and like products. "Wine" does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at the point in the manufacturing process when it conforms to this definition. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 16-01-267 , § 1, 1-4-2016) Page 5 Secs. 4-2—4-24. - Reserved. ARTICLE II. - LICENSING[2] Footnotes: --- (2) --- State Law reference— Local authorization and regulations for manufacture, distribution, and package sales of distilled spirits, O.C.G.A. § 3-3-40 et seq.; local licenses for sale of distilled spirits by the drink, O.C.G.A. § 3-4-110; local license requirements and regulations for manufacture, distribution, and sale of malt beverages, O.C.G.A. § 3-5-40 et seq.; municipal licenses for the sale of malt beverages, O.C.G.A. § 3-5-42; local licensing requirements for the sale of wine, O.C.G.A. § 3-6-40; local authorization and regulation of the sale of alcoholic beverages in private clubs, O.C.G.A. § 3-7-40 et seq. DIVISION 1. - GENERALLY Sec. 4-25. - License is a privilege. (a) Granted by mayor and city council. Alcoholic beverages may be sold in the city under a license granted by the mayor and city council upon the terms and conditions provided in this chapter. (b) Privilege. All licenses in this chapter shall be a mere grant of privilege to carry on the business during the term of the license, subject to all the terms and conditions imposed by this Code and state law. (c) Required language. All licenses pursuant to this chapter shall have printed on the front these words: "This license is a mere privilege subject to being revoked in accord with the terms of this ordinance, and is subject to any ordinance amendments that may be enacted by the city." (d) Compliance with state and federal law required. Any holder of a license issued pursuant to this chapter to operate as a retail consumption dealer, a retai l package dealer, or a wholesale dealer is required to apply for and obtain an alcoholic beverage license from the state before any sales commence. Additionally, city licensees are required to abide by all applicable state and federal regulations and laws. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-26. - License required. Except where an appropriate license has been obtained, it shall be unlawful for any person to sell or possess for the purpose of sale any alcoholic beverage or to allow brown bagging. Further, it shall be unlawful to make deliveries beyond the boundaries of the premises covered by the license or to sell alcohol beyond the area on or about the premises covered by the license. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Page 6 Secs. 4-27—4-46. - Reserved. DIVISION 2. - APPLICATION Sec. 4-47. - Application; investigation consent. (a) City form. All persons desiring to sell alcoholic beverages or obtain a BYOB License or Incidental License shall make an application on the form prescribed by the city manager, or his or her designee. (b) Contents. The application shall include, but not be limited to: (1) The name and address of the applicant; (2) The proposed business to be carried on and type of license desired; (3) If a partnership, the names and residence address of the partners; (4) If a corporation, the names of the officers; (5) The names and address of the registered agent for the service of the process; (6) The name of the manager; (7) The name of all shareholders holding more than 20 percent of any class of corporate stock, or any other entity having a financial interest in each entity which is to own or operate the establishment for which a license is sought; and (8) Evidence of compliance with any prior notice requirements, including but not limited to O.C.G.A. § 3-4-27 where applicable. (c) Financial information. All applicants shall furnish such financial and other information and records as may be required by the city manager to ensure compliance with the provisions of this chapter. Failure to furnish the information and records pursuant to such request shall automatically serve to dismiss the application with prejudice. (d) Survey. Unless waived by the city manager out of recognition of the absence of any school or church buildings in proximity to the outlet, the application shall have attached a survey (dated no more than 180 days prior to submission of the application to the city), certified by a registered surveyor of this state, showing a scaled drawing of the premises, the location on the premises where the applicant desires to operate an alcoholic beverage establishment, and the distance in linear feet measured pursuant to section 4-557 to the nearest church building, school building, educational building, school grounds or college grounds or college campus building. If the applicant is a new owner of an establishment at a location where the sale of alcoholic beverages was lawful at any time during the 12 months immed iately preceding such application, a survey is not required. (e) Notary. All applications shall be sworn to by the applicant before a notary public or other officer empowered by law to administer oaths. (f) Consent. Each applicant and licensee authorizes the city and its agents to secure from any court, law enforcement agency, or other public agency his criminal and civil history and to use such information in determining whether the license applied for shall be issued. Each applicant further authorizes the city and its agents to use such information in any public hearing with respect to the license applied for, either before or after the issuance of the license. Each applicant waives any right that he would otherwise have to preclude the city Page 7 or its agents from obtaining and using such information, and each applicant further waives any liability of the city or its agents for obtaining and using such information. (g) License fees. The application shall be accompanied by the prerequisite fee as established by the mayor and council. Except for applications for special events permits, all licenses granted under this chapter shall be for the months remaining in the calendar year after application is made. License fees for new licenses granted shall be prorated based on the number of months remaining in the calendar year; a partial month shall be counted as a full month. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-48. - Separate application and license for each location of sale. Separate applications must be made for each location and separate licenses must be issued. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-49. - Processing fees. Each application for a license or renewal of a license under this chapter sh all be accompanied by processing fees in amounts to be determined by mayor and council to defray investigative and administrative costs. Processing fees shall be paid at the time the application is filed. Any person applying for more than one license on a given application shall pay only one set of processing fees. Further, no processing fee shall be applied for any applicant applying for a license under this chapter where that applicant already has, at the time the new application is submitted, an existing license under this chapter; provided that such existing li cense may not be the license for which an application for renewal is submitted. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-50. - Withdrawal by applicant; refunds. (a) Any license application made pursuant to this chapter may be withdrawn by the applicant at any time. (b) If the application is withdrawn before the license is issued, any sums deposited as license fees will be refunded (without interest) less applicable processing fees for completed tasks. After issuance of the license, no refund will be made. No refunds shall be made under any circumstances for investigative and administrative expenses required in this chapter. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-51. - Procedure for consideration of application. (a) Each application for an alcoholic beverage license shall be referred to the chief of police or his or her designee for a thorough investigation. The chief of police or his or her designee shall report the findings to the city manager. Such finding shall include a recommendation as to the qualifications of the applicant. (b) The city manager shall further have the responsibility and authority to request additional information as may be determined to be necessary in order for the city manager to accept the application as complete prior to its approval or denial pursuant to section 4-53. Page 8 (c) A temporary license may be issued by the city manager for the sale of alcoholic beverages, either malt beverages, wine and/or distilled spirits, subject to the conditions set forth in section 4-167. (d) No application for an original license shall be granted until a public hearing has been held thereon before the mayor and council, after notice as provided in section 4 -52. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-52. - Notice requirements. (a) Posting on premises to be licensed. (1) Required; specifications. The applicant for an original license under this chapter shall, at his or her own expense, post a notice on the premises to be licensed. The notice shall be posted for at least 15 days prior to the date of the public hearing. The notice shall be on a sign having a surface of not less than 12 square feet. The not ice shall be painted or printed in black letters at least three inches in height against a white background. The notice shall state: a. That an application for a license related to the sale or consumption of alcoholic beverages on the premises under this chapter has been filed with the city; b. The type of license applied for; c. The time and place of the public hearing to be held on such license application; and d. The name(s) in which the license is to be issued. (2) Placement. The advertisement shall be placed with the base of the sign not more than three feet from the ground on the most conspicuous part of the premises, facing the most frequently traveled road, street or highway abutting same, and not more than ten feet therefrom. (b) Publication. (1) Contents. The city treasurer shall prepare and cause to be published a notice of each pending application, which notice shall include: a. The date the application will be considered by the city council; b. The location or street number of the premises where the applicant proposes to conduct activities permitted by this chapter; and c. The applicant's name. (2) Costs. The applicant shall pay the publication costs. (3) Newspaper of general circulation. The notice shall be published in a newspaper of general circulation within the city, and shall appear once a week for two weeks immediately preceding consideration of the application by the city council. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-53. - Approval or denial. Page 9 (a) Approval or denial. The city manager may deny any application that is incomplete or does not meet the minimum requirements provided in this chapter. If the application is not denied by the city manager, it will be submitted to the mayor and council for approval or denial. (b) Notice required. The city manager shall provide written notice to any applicant whose application is denied under the provisions of this chapter. Such written notification shall set forth in reasonable detail the reasons for such denial and shall advise the applicant of the right to appeal under the provisions of this chapter. (c) Reapplication permitted after one year. In all instances in which an application is denied under the provisions of this chapter the applicant may not reapply for a license for at least one year from the final date of such denial. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-54. - Separate application and license for each license type. A separate application is required for each license category enumerated in this Code; the City of Milton will act upon each application separately. Pursuant to Ga. Comp. Rules and Regs. 560-2-3-.15 no establishment licensed to sell beer, wine, and/or distilled spirits for consumption on the premises shall hold any license to sell distilled spirits by the package for the same location. ( Ord. No. 16-01-267 , § 2, 1-4-2016) Secs. 4-55—4-72. - Reserved. DIVISION 3. - QUALIFICATIONS Sec. 4-73. - Applicants. (a) No license issued pursuant to this chapter for alcoholic beverages shall be granted to any person who is not: 1. A United States citizen; 2. A legal permanent resident of the United States; 3. A qualified alien or non -immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. (b) If the applicant is a partnership or corporation, the provisions of this section shall apply to all its partners, officers and majority stockholders. Issuance of the license shall be as follows: (1) In the case of a corporation, the license shall be issued jointly to the corporation and the majority stockholder, if an individual. If the majority stockholder is not an individual, the license shall be issued jointly to the corporation and its registered agent under the provisions of this chapter. (2) In the case of a partnership, the license will be issued to all the partners owning at least 20 percent of the partnership; or if no partner owns 20 percent of the partnership, then the general partner, managing partner or the partner with the greatest ownership will be licensed. Page 10 (c) No person shall be granted any alcoholic beverage license unless it shall appear to the satisfaction of the city manager or his or her designee that such person, partners in the firm, officers and directors of the corporation have not been convicted or plead guilty or entered a plea of nolo contendere, and has been released from parole or probation, to any crime involving: (1) Moral turpitude; (2) Illegal gambling; (3) Illegal possession or sale of controlled substances; (4) Illegal possession or sale of alcoholic beverages, including the sale or transfer of alcoholic beverages to minors in a manner contrary to law; (5) Keeping a place of prostitution; (6) Pandering; (7) Pimping; (8) Public indecency; (9) Prostitution; (10) Solicitation of sodomy; or (11) Any sexually related crime within a period of ten years immediately prior to the filing of such application. (d) No license issued pursuant to this chapter for alcoholic beverages shall be granted to any person convicted under any federal, state or local law of any felony, within ten years prior to the filing of application for such license. (e) It shall be unlawful for any city employee directly involved in the issuance of alcoholic beverage licenses under this chapter to have any whole, partial or beneficial interest in any license to sell alcoholic beverages in the city. (f) No license issued pursuant to this chapter for alcoholic beverages shall be granted t o any person who has had any license issued under the police powers of any jurisdiction within the state previously revoked within two years prior to the filing of the application. (g) The city manager or city council may decline to issue a license when a ny person having any ownership interest in the operation of such place of business or control over such place of business does not meet the same character requirements as set forth in this section for the licensee. (h) All applicants for any alcoholic beverage license must be of good character, and all operators, managers, clerks, or other employees shall be of like character. Corporate or firm applicants shall be of good business reputation. (i) A license application may be denied to any applicant for an y alcoholic beverage license where it appears that the applicant would not have adequate financial participation in the proposed business to direct and manage its affairs, or where it appears that the application is intended to be a mere surrogate for a person who would not otherwise qualify for a license for any reason whatsoever. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-74. - Effect of prior criminal history; exceptions. Page 11 (a) An applicant's first time conviction for illegal possession of alcohol as a misdemeanor or violation of a city ordinance shall not, by itself, make an applicant ineligible for an alcoholic beverage license. (b) For purposes of this chapter, a conviction or plea of guilty or nolo contendere shall be ignored as to any offense for which a defendant who was allowed to avail themselves of the state first offender provisions, O.C.G.A. § 42-8-60 et seq. Except, however, that any such offense shall not be ignored where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and the sentencing court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-75. - City manager permitted discretion concerning qualifications. (a) The city manager and city council, in their discretion, may consider any extenuating circumstances which may reflect favorably or unfavorably on the applicant, the application, or the proposed location of the business. (b) If, in the city manager's or city council's judgment, circumstances are such that granting of the license would not be in the general public's best interest, such circumstances may be grounds for denying the application. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-76—4-95. - Reserved. DIVISION 4. - LIMITATIONS AND REQUIREMENTS Sec. 4-96. - Registered agent required. All licensed establishments must have and continuously maintain in Fulton County, Georgia, a registered agent upon whom any process, notice or demand required or permitted by law or under this chapter to be served upon the licensee or owner may be served. This person must be a resident of the county. The licensee shall file the name of such agent, along with the written consent of such agent, with the city manager and shall be in such form as her or she may prescribe. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-97. - Display of license at place of business required. The city alcoholic beverage license shall at all times be kept plainly exposed to view to the public at the place of the business of the licensee. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-98. - Notice of change in management required. Page 12 If the manager of the licensed premises changes, the licensee must furnish the city treasurer's office with the name and address of the new manager and other information as may be required by the city council within ten days of such change. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-99. - Transferability of license. (a) No alcoholic beverage license shall be transferable, except as otherwise provided in this section. (b) In case of the death of a licensee, the establishment shall be allowed to continue to sell or serve alcoholic beverages, or otherwise continue to operate with a BYOB license, in accordance with this chapter, for a period of 45 days from the date of death, or until the expiration of the license, or until approval of a new licensee, whichever shall first occur; provided that no sale or consumption of alcoholic beverages on the premises shall be allowed until such time as a personal representative of the estate, appointed by a probate court of competent jurisdiction, shall make an application for authorization with the city manager. (c) If a licensed establishment is sold to a new owner, the license of the establishment shall be immediately void. If a license is surrendered or a licensee severs his or her association with a licensed establishment but there is no change in ownership, the establishment may continue to sell or serve alcoholic beverages, or otherwise continue to operate with a BYOB license, in accordance with this chapter, for a period of 45 days from the date of surrender, or from the date determined by the city manager to be the date of severance; provided that no such establishment may sell or serve alcoholic beverages or otherwise operate pursuant to a BYOB License until such time as a new application for a license is made. The application shall indicate that no change of ownership has occurred, except as excepted in this section. Upon issuance of a new license, the authorization related to alcoholic beverages under the previous license shall be revoked by operation of law. No additional license fees shall be required during the period for which the original license was issued. (d) Nothing in this section, however, shall prohibit one or more of the partners holding a license to withdraw from the partnership in favor of one or more of the partners who were partners at the time of the issuance of the license. This section shall not prohibit transfer of stock between persons who held stock in the corporation at the time of issuance of the license nor shall it prohibit transfers of stock which do not result in any perso n increasing his or her stock holdings to a total of ten percent or more of any class of stock. (e) Except as provided in subsections (a) through (d) of this section, any change in the ownership of any entity owning a licensed establishment shall cancel a nd revoke any license pursuant to this chapter automatically, without the necessity of any hearing. (f) Violation of this section shall result in the revocation of the license being used and a fine on the new ownership and the old ownership as provided in this chapter. (g) No license will be issued to the old or the new owner in the city for one year from the date of the violation of this section. (h) Should a licensee make application to the city manager for a transfer of location and should such a transfer of a location be approved, with no change of ownership of the business, the license fee paid for the previous license shall be applied to the new location. Each applicant for a transfer of location shall pay a transfer fee as set forth from time to ti me by city council resolution. Page 13 ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-100. - Audits. (a) If the city manager deems it necessary to conduct an audit of the records and books of the licensee, he or she shall notify the licensee of the date, time and place of the audit. The city manager may designate the city's internal auditor or other designated person to perform any audit authorized in this Code. The licensee shall cooperate with the audit or forfeit any license issued under this chapter. (b) All establishments licensed under this chapter must maintain the following records for three years and make them available for audit at the licensed premises: (1) Monthly income or operating statements. (2) Daily sales receipts showing liquor, beer, wine and food sales separately (this requirement does not apply to package beer and wine licensees). (3) Daily cash register receipts such as Z Tapes or guest tickets. (4) Monthly state sales and use tax reports. (5) Federal income tax return with all Form 1099s. (c) The city manager can waive all or some of the requirements of subsection (b) of this secti on if the city manager finds that no such records exist and it is not financially practically -based on the net income of the licensed establishment to require them to keep such records. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-101. - Expiration; renewal. (a) All licenses granted under this chapter shall expire on December 31 each year. Licensees shall be required to file a renewal application with the requisite fee with the city manager on the form provided for a new or renewal license for the ensuing year. (b) The applicant for renewal shall be required to comply with all r ules and regulations for the granting of licenses each year, including the submittal of the required data in order to meet criminal investigative compliance each renewal year. (c) Alcoholic beverage license renewal applications and payments are due on or before November 15 of each year. Renewal applications and payments received between November 16 and December 15 are subject to a ten-percent late fee. (d) Businesses failing to renew their alcoholic beverage licenses on or before December 15 must reapply for an alcoholic beverage license in which the application will be treated as if no previous license had been held, including the need to review the investigative, zoning, and distance requirements. Applicant shall pay the ten -percent penalty along with other fees associated with a new application. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-102. - Automatic forfeiture of license for nonuse. (a) All holders of licenses under this chapter must within six months after the issuance of said license, open for business the establishment referred to in the license. Failure to open the licensed establishment within six months after the issuance of such license shall serve as cause Page 14 for the revocation of such license, and no refund of license fees shall be made to the license holder. A three-month extension to the six-month period may be granted by the city manager if requested within the said six-month period. (b) Any holder of any license under this chapter who shall for a period of three consecutive months after the license has been issued cease to operate the business and sale or service of the products authorized shall, after the three-month period, automatically forfeit the license without the necessity of any further action. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-103—4-121. - Reserved. DIVISION 5. - ENFORCEMENT Sec. 4-122. - Suspension or revocation of license. (a) The term "due cause," for the purpose of suspension or revocation of a license means: (1) The violation of any laws or ordinances regulatin g the business; (2) The violation of any local, state or federal law; (3) Any reason which would authorize the city to refuse the issuance of a license; or (4) Any violation of this chapter. (b) No alcoholic beverage license having been issued shall be suspended or revoked except for due cause. (c) The city council shall be authorized to suspend or revoke an alcoholic beverage license or impose other penalties upon the licensee under the conditions set forth in this section. (d) Prior to suspending or revoking a license (except as provided in section 4-127 of this chapter), the city manager shall give at least ten days' prior written notice to the licensee of the time, place, and purpose of the hearing, and a statement of the charges upon which the hea ring before the city council shall be held in accordance with subsection (e) of this section. Service of such notice shall be by personal service on the registered agent by a city police officer or code enforcement officer. If personal service fails, the notice shall be mailed by certified mail to the registered agent at the address provided and to the named licensee at the licensed premises. Delivery shall be deemed to take place on the third day following deposit in the United States mail. (e) Sufficient grounds for the immediate suspension or revocation of a license, or the imposition of other penalties include, but are not limited to, the following: (1) A licensee has failed to open for business within six months after approval of the license. (2) A licensee has ceased to operate the business for a period of three consecutive months. (3) A licensee's state license or permit for the sale of alcoholic beverages has been revoked. (4) A licensee, or such licensee's employee or agent, has sold or served alcoholic beverages or allowed guests to bring their own alcohol to the premises during a period of suspension. (5) A licensee gave fraudulent or untruthful information in the original application or renewal process for an alcoholic beverage license. Page 15 (6) A licensee has failed to maintain any and all of the general qualifications applicable to the initial issuance of a license as set forth in this chapter. (7) A licensee, or such licensee's employee or agent, has been convicted or plead guilty or nolo contendere to a crime involving: a. Moral turpitude; b. Illegal gambling; c. Illegal possession or sale of controlled substances; d. Illegal possession or sale of alcoholic beverages (including the sale or transfer of alcoholic beverages and the sale or transfer of alcoholic beverages to minors in a manner contrary to law); e. Keeping a place of prostitution; f. Pandering; g. Pimping; h. Public indecency; i. Prostitution; j. Solicitation of sodomy; or k. Any sexual related crime. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-123. - Enforcement of this chapter. (a) If a licensee violates any provision of this chapter, excluding sales or service to underage persons, serves or sells any alcoholic beverage to any person that the licensee or the licensee's employee or agent knew or should have known was in a state of intoxication, allows any individual to consume alcohol pursuan t to a BYOB License when the licensee or the licensee’s employee or agent knew or should have known such individual was in a state of intoxication, or failure of any licensee to pay any tax, license fee, fine or other amount due to the city under this chapter or any other licensing ordinance of the city shall subject the licensee to the following progressive actions by the city council, except for those violations and occurrences set forth in section 4-122 above that provide for immediate suspension or revocation upon notice and hearing: (1) The first violation in a 12-month period shall result in a mandatory hearing before the city council and a warning or a license suspension for a period of up to 30 days. (2) The second violation within a consecutive 12-month period shall result in a mandatory hearing before the city council and a license suspension for a period of up to 60 days. (3) The third violation within a consecutive 12 -month period shall cause the revocation of the license and result in a mandatory hearing before the city council and the inability of the licensee to obtain a license from the city for a term of three years from the date of revocation. (b) If a licensee or employee of such licensee is convicted for the violation of O.C.G.A. § 3 -3-23 or section 4-558 relating to the sale or service of alcoholic beverages to any person under 21 years of age, the following penalties shall apply. For purposes of this paragraph, a plea of nolo contendere or the forfeiture of bond shall constitute a conv iction. Page 16 (1) The first offense shall result in a mandatory hearing before the city council, a license suspension for a period of up to 30 days and a minimum fine in magistrate court of $500.00. (2) The second offense within a consecutive 24-month period shall result in a mandatory hearing before the city council, a license suspension for a minimum period between seven and 60 days, and a minimum fine in magistrate court of $750.00. (3) The third offense within a consecutive 24-month period shall result in a mandatory hearing before the city council, revocation of the license absent a showing of mitigating circumstances deemed sufficient in the discretion of the city council to allow retention of the license, and a minimum fine in magistrate court of $1,000.00. (c) For any license suspension of less than 30 days, the licensee will not be required to remove alcoholic beverages from the premises, but shall be required to secure with lock and chain all refrigeration units containing alcoholic beverages, and rem ove non-refrigerated alcoholic beverages to an on-premises locked storage area out of view of the public. (d) Nothing contained in this chapter shall be construed to preclude the city council from suspending or revoking an alcoholic beverage license or pouring permit for a period exceeding those periods as described in this section if the city council determines in their discretion that such action is necessary and in the best interest of the public health, safety and welfare of the city. (e) In addition to the available actions to be taken by the city council, individuals who violate this chapter shall be subject to criminal citation and prosecution by the city. Each violation of this chapter shall constitute a separate offense subject to a separate citat ion and penalties. The criminal penalties may result in a fine not to exceed $1,000.00, imprisonment not to exceed 60 days, or both. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-124. - Hearing procedures on denial, suspension or revocation. (a) Applicants shall be given a hearing on the following grounds: (1) The application for a license or renewal of a license has been denied by the city manager. (b) Any denial of any such license or permit by the city manager shall be appealable to the city council by the applicant's filing a notice of appeal with the city manager or designee within 30 days of receiving notice of such denial. Any such appeal shall be subject to de novo review. A hearing before the city council shall be scheduled within 30 days following the receipt by the city manager or designee of the applicant's notice of appeal. (c) The decision of the mayor and council in the hearing provided for in this section shall be final unless the licensee applies to the Superior Court of Fulton County by filing a petition for a writ of certiorari within 30 days of the decision rendered by the council. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-125. - Mitigating factors. The penalties for the licensee may be mitigated by the city council upon presentation of evidence that the licensee established practices and procedures to prevent the violation from occurring. Such mitigating factors may include: Page 17 (1) Whether the licensee conducts its own "secret shopper" or internal "sting" operations. (2) The degree to which the licensee has procedures in place to monitor its servers for compliance with the ordinance. (3) Whether the licensee enforces a zero-tolerance policy in which employees are terminated for any violation of this ordinance. (4) Other evidence demonstrating the licensee's efforts to comply with the ordinance and prevention of underage drinking in the licensed establishment and the community at large. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-126. - Inspection of licensed establishment by police department. (a) Sworn officers of the police department shall have the authority to inspect establishments licensed under the city's alcoholic beverages ordinance during the hours in which the premises are open for business. These inspections shall be made for the purpose of verifying compliance with the requirements of this chapter and state law. (b) This section is not intended to limit the authority of any other city officer to conduct inspections authorized by other provisions of this ordinance. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-127. - Emergency suspension of sales. The city manager and chief of police are each authorized to suspend the sale of alcoholic beverages under any license for any emergency situation when it deems such suspension necessary for the protection of the public health, safety or welfare. Such suspension may be made effective immediately and shall remain in force until the city manager or chief of police determine the emergency is over or until the next meeting of the city council, at which time the mayor and city council shall decide whether the suspension shall cease or be extended. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-128. - Licensee and employees to be familiar with terms. Each alcoholic beverage dealer licensed under this chapter shall keep a copy of this chapter in the licensed premises and shall instruct any person working there with respect to the terms of this chapter; and each licensee, the licensee's agents and employe es selling alcoholic beverages shall at all times be familiar with the terms of this chapter. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-129—4-166. - Reserved. ARTICLE III. - TEMPORARY AND SPECIAL EVENT POURING LICENSES Sec. 4-167. - Temporary licenses. Page 18 (a) Authority. The city manager is hereby authorized to issue temporary licenses for the sale of alcoholic beverages, either malt beverages, wine and/or distilled spirits, subject to the conditions set forth in this section. (b) Not to exceed 60 days; requirements. Temporary licenses may be issued for such period as may be determined by the city manager, not to exceed 60 days. No such license shall be issued unless: (1) An application for a permanent license is filed with the city manager and payment in full of the fee thereof has been deposited with the city. (2) The city manager is satisfied that the location for the proposed license substantially complies with the provisions of this section authorizing such license in the city. (3) The denial of a temporary license would create undue hardship upon the applicant, such as the closing of an existing business or delaying of the opening of a new business. (4) There is an agreement by the applicant that the temporary license may be revoke d, with or without cause, by the city manager at any time. (c) Fee. The fee for issuance of a temporary license under this section shall be established from time to time by the city council. (d) No bearing on decision for permanent license. The grant or denial of a temporary license under the provisions of this section shall not affect or have any bearing upon the grant or denial of a permanent license. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-168. - Special event pouring permit. (a) For currently licensed consumption-on-premises establishments. A special event pouring permit may be issued to any establishment duly licensed by the city t o sell alcoholic beverages for consumption on the premises to allow such establishment to sell alcoholic beverages for consumption within the fixed boundaries of the physical area where a special event is held; provided the term of such permit shall not exceed ten days in any one year for an approved special event. The licensee must submit an application and pay the non - refundable fee that may be required from time to time by ordinance and, in relation to the special event pouring permit, shall be required to comply with all of the general ordinances and the licensing and regulations associated with its consumption on premises license with the exception of the full service kitchen requirement. Notwithstanding any other term or prohibition in this article, the holder of the special event pouring permit may be authorized, upon terms and conditions identified by the city manager, to pour alcohol at the special event and allow open container consumption within the fixed boundaries of the physical area where the special event is to be held. The special event must meet the following criteria prior to the issuance of a license to sell alcoholic beverages: (1) The event must have been permitted as an approved special event, as described in section 64-1596 prior to the issuance of a special event pouring permit. (2) The special event must receive approval from the city police department on crowd control and security measures. (3) The special event must receive approval from the city public works department on traffic control measures. Page 19 (b) For non-profit civic organizations. A special event pouring permit may be issued to any bona fide non-profit organization for a period not to exceed ten days in any one year for an approved special event. The person must submit an application and pay the nonrefundable fee that may be required from time to time by ordinance and shall be required to comply with all of the general ordinances and the licensing and regulations for a consumption on the premises establishment with the exception of the full-service kitchen requirement. Notwithstanding any other term or prohibition in this article, the holder of a special event pouring permit may be authorized, upon terms and conditions identified by the city manager, to pour alcohol at the special event and allow open container consumption within the fixed boundaries of the physical area where the special event is to be held. In the event that open container consumption is so authorized within the fixed boundaries of the physical area where the special event is to be held, any other holder of an on -premises consumption license whose licensed premises is located entirely within the fixed boundary of the special event site shall likewise be authorized to allow open container alcohol consumption within the special event boundary. This open container consumption accommodation shall only be authorized, if at all, during the term of the special event. Any employee or volunteer of the special event licensee, working the special event in any position dispensing, selling, serving, taking orders or mixing alcoholic beverages shall not be required to obtain a pouring permit for the special event. The special event must meet the following criteria prior to the issuance of a license to sell alcoholic beverages: (1) The event must have been permitted as an approved special event, as described in section 64-1596, prior to the issuance of a special event permit. (2) The special event must receive approval from the city police department on crowd control and security measures. (3) The special event must receive approval from the city public works department on traffic control measures. (4) The special event must be associated with and benefit the cause of a charitable or civic organization. (c) Not to be issued for brown bagging. Brown bagging is not allowed at any special event as defined in this chapter. (d) Police chief's authority to revoke. The police chief or his or her designee may immediately revoke any temporary license for a special event if it is determined continued alcohol sales may endanger the health, welfare or safety of the public. (e) Indemnification required. As a condition on the issuance of a special event pouring permit, the licensee shall indemnify and hold the city harmless from claims, demand or cause of action which may arise from activities associated with the special event. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-169—4-177. - Reserved. ARTICLE IV. - RETAIL PACKAGE SALES DIVISION 1. - GENERALLY Page 20 Secs. 4-178—4-187. - Reserved. DIVISION 2. - MALT BEVERAGES AND WINE Sec. 4-188. - Type of retail establishment. No packaged beer, wine or malt beverage shall be sold at retail except in: (1) Establishments duly licensed by the city to sell packaged beer, malt beverages and/or wine; or (2) Establishments maintaining 50 percent of the floor space and storage area in a manner which is devoted principally to the retail sale of grocery products an d located in zoning districts in which these establishments are permitted as a conforming use or in districts where existing establishments exists as a non-conforming use. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-189. - Hours and days of operation. (a) Retail package licensees shall not engage in the sale of beer or malt beverages and/or wine except between the hours of 7:00 a.m. and 12:00 midnight Monday through Saturday and on Sundays between the hours of 12:30 p.m. and 11:30 p.m. (b) Retail package beer and/or wine shall not be sold at any time in violation of any local ordinance or regulation or of any special order of the governing authority. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-190. - Use of tags or labels to indicate prices. Retailers shall indicate plainly, by tags or labels on the bottles or containers or on the shelf immediately below where the containers are placed, the prices of all beer and wine exposed or offered for sale. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-191. - Single cans/bottles or other containers permitted for sale. Single cans or bottles or other containers of alcoholic beverages may be sold at retail. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-192. - Growlers. (a) The sale of growlers is authorized in establishments authorized to sell beer, malt beverages, and wine by the package, but shall not occur in establishments that also sell distilled spirits by the package. (b) The filling of growlers by means of a tapped keg shall not constitute the breaking of a package as contemplated by O.C.G.A. § 3-3-26 or this section. Page 21 (c) Growlers may only be filled from kegs procured by the licensee from a duly licensed wholesaler. (d) Only professionally sanitized and sealed growlers may be filled and made available for retail sale. (e) Each growler must be securely sealed and removed from the premises in its original sealed condition. (f) Consumption on the premises is strictly prohibited; however, samples of beers available fo r sale in a growler may be made available, but shall not exceed two ounces, and no customer shall consume more than eight ounces in any two-hour period. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-193. - Ancillary wine and malt beverage tasting. (a) The holder of a wine-only, malt-only, or wine and malt package store license, shall be eligible for an ancillary wine and/or malt tasting license to provide samples of wine and/or malt offered for sale to customers under the conditions set forth in this section. (b) Sampling shall be on limited occasions when a customer requests a sample of a wine and/or malt offered for sale within the premises or in conjunction with education classes and sampling designed to promote wine and/or malt appreciation and education. (c) Wine and/or malt tasting for customers shall only be conducted at a counter area constituting no more than ten percent of the entire floor area of the premises. (d) Wine and/or malt sampling for customers shall not exceed two ounces, and no customer shall consume more than eight ounces in any two-hour period. (e) Wine and/or malt bottles shall be opened only by the licensee or an employee, and samples shall only be poured by the licensee and/or an employee. (f) No open containers of wine and/or malt shall be removed from the licensed premises. (g) The holder of an ancillary wine and/or malt tasting license may conduct educational classes and sampling for classes. All conditions of sampling set forth in this section shall apply to such classes, except for the limitation on floor areas where the classes can be conducted. (h) Holders of an ancillary wine and/or malt tasting permit shall not charge for samples or tastings, but may accept donations for a charitable organization of their choice. (i) Wine and/or malt sampling and tasting is permitted within the enclosed portion of the premises. Wine and/or malt sampling and tasting may be allowed in open areas, sidewalks, decks, patios, or similar unenclosed spaces on or about the premises of an establishment if written application is made to and approved by the city manager, or his or her designee, under such conditions as the city manager, or his or her designee, may deem appropriate for the protection of public health, safety and welfare including, but not limited to, maximum capacity, ingress and egress. The provisions of this article shall not be deemed to abrogate or otherwise impact any state law or local ordinance pertaining to public drunkenness, disorderly conduct, or similar laws. (j) Wine and/or malt tastings are permitted Monday through Saturday, from 9:00 a.m. until 9:00 p.m., and Sunday from 12:30 pm. until 9:00 p.m. (k) There will be an annual fee to obtain an ancillary wine and/or malt tasting permit as set forth from time to time by the city council. Page 22 ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-194—4-210. - Reserved. DIVISION 3. - DISTILLED SPIRITS Sec. 4-211. - Type of retail establishment. (a) No distilled spirits by the package shall be sold at retail except in: (1) Retail establishments devoted exclusively to the retail sale of alcoholic beverages by the package; (2) Retail establishments in which space has been set aside devoted exc lusively to the retail sale of distilled spirits by the package, with ingress and egress provided directly to and only to the exterior of the building in which the facility is located and not to any other enclosed part of the building in which the facility is located. (b) Nothing in this section shall prohibit the retail sale within these establishments of liquid commodities and mixes normally used in the preparation and serving of distilled spirits. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-212. - Distance requirement. (a) No retail package liquor licensed place of business shall be licensed to operate within 500 yards of any other business licensed to sell package liquor at retail, as measured by the most direct route of travel on the ground. (b) The distance provision shall not apply to any hotel licensed under this chapter. (c) The restriction provided for in this section shall not apply to any location (i) for which a license has been issued prior to July 1, 1997, nor the renewal of such license or (ii) for which a new license is applied for if the sale of distilled spirits was lawful at such location at any time during the 12 months immediately preceding such application. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-213. - Hours and days of operation. (a) Retail package licensees shall not engage in the sale of distilled spirits except between the hours of 7:00 a.m. and 12:00 midnight Monday through Saturday and on Sundays between the hours of 12:30 p.m. and 11:30 p.m. (b) Retail package distilled spirits shall not be sold at any time in violation of any local ordinance or regulation or of any special order of the governing authority. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-214. - Use of tags or labels to indicate prices. Retailers shall indicate plainly, by tag or labels on the bottles or containers or on the shelf immediately below where the bottles or containers are placed, the prices of all distilled spirits Page 23 exposed or offered for sale. The retailer shall not display prices or brand names in such a way as to be visible from the outside of the establishment. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-215—4-221. - Reserved. DIVISION 4. - SPECIALTY GIFT SHOPS Sec. 4-222. - General provisions. (a) Notwithstanding any other provision of this chapter to the contrary, a limited exception to the provisions of section 4-188 shall exist for the owners of specialty gift shops provided that the owner shall first obtain a specialty gift shop alcohol permit as hereinafter provided and the only sale of alcohol by the owner is through the sale of gift items, as described in the definition of "specialty gift shop" provided in section 4-1, and not for consumption on the premises. (b) All persons desiring to engage in activities permitted by this section shall submit a written application to the city manager for a specialty gift shop alcohol permit on forms prescribed by the city. All applications shall be accompanied by the payment of the fee as set forth from time to time by the city council. If the application is denied, or if the applicant withdraws the application prior to its approval, any sums deposited as license fees will be refunded (without interest) less applicable processing fees for completed tasks. The application shall include the name and address of the applicant, the address of the business location, and the name and address of the manager. If the manager changes, the applicant must furnish the city manager with the name and address of the new manager and any other information, as requested, within ten days of such change. The applicant must meet the character requirements of this article. All applications shall be sworn to by the applicant before a notary public or other officer authorized to administer oaths. (c) Any untrue or misleading information contained in, or material statement omitted from, an original or renewal application for a specialty gift shop alcohol permit shall be cause for the denial or revocation thereof. (d) Except as set forth in this section, a holder of a specialty gift shop alcohol permit must comply with all eligibility requirements set forth in this chapter and in state and federal law. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-223—4-230. - Reserved. ARTICLE V. - SALES FOR CONSUMPTION ON PREMISES DIVISION 1. - GENERALLY Sec. 4-231. - Locations where permitted (a) No alcoholic beverages may be sold by the drink for consumption on the premises where sold except: Page 24 (1) In eating establishments regularly serving prepared food, with a full -service kitchen (as defined in section 4-1), prepared to serve food every hour they are open; or (2) At a publicly-owned golf course; or (3) At establishments holding Limited Tap Licenses. (b) This section shall not apply to private clubs or establishments that solely allow brown bagging. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-232. - Hours and days of sale. Alcoholic beverages for consumption on premises shall be permitted only during the following hours and days of the week, as indicated: (a) Eating establishment (1) Monday through Saturday, from 9:00 a.m. until 2:00 a.m. of the following day. (2) Sunday from 12:30 p.m. until 2:00 a.m. of the following day; provided, however, any licensed establishment which serves alcohol on Sunday shall derive at least 50 percent of its total annual gross sales from the sale of prepared food or meals. (3) All licensed premises shall close their premises to the public and clear the premises of patrons within 30 minutes after the time set in this section for discontinuance of the sale of alcoholic beverages on the premises. (4) The licensed business shall open its business each day it is open by not later than 5:00 p.m. This section shall not apply to private club. (b) Incidental License, Limited Tap Licenses, Brown Bag License, and/or BYOB License (1) Permitted Monday through Saturday, from 9:00 a.m. until 9:00 p.m., and Sunday from 12:30 pm. until 9:00 p.m. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-233. - Promotions and sales. (a) No licensee or employee or agent of a licensee, in connection with the sale or other disposition of alcoholic beverages for consumption on the premises, shall: (1) Offer or deliver any free alcoholic beverage to any person or group of persons. (2) Deliver more than two alcoholic beverages to one person at a time, however, nothing herein shall prohibit a brewpub from offering a sampler of malt beverages in containers not exceeding four ounces. Each sampler shall not exceed four different types of malt beverages. (3) Sell, offer to sell, or deliver to any person or group of persons any alcoholic beverage at a price less than 50% of the price regularly charged for such alcoholic beverage during the same calendar week, except at private functions not open to the public. (4) Sell, offer to sell, or deliver to any person or group of persons an unlimited number of alcoholic beverages during any set period of time for a fix ed price, except at private functions not open to the public. Page 25 (5) Sell, offer to sell, or deliver to any person or group of persons any alcoholic beverages on any one day at prices less than those charged the general public on that day, except at private functions not open to the public. (6) Sell, offer to sell, or deliver alcoholic beverages, including malt beverages, in any container which holds more than 32 fluid ounces (0.947 liters), except to two or more persons at any one time. (7) Increase the volume of alcohol contained in a drink without increasing proportionately the price regularly charged for such alcoholic beverage during the same calendar week. (8) Encourage or permit on the licensed premises any game or contest which involves the drinking of alcoholic beverages or the awarding of alcoholic beverages as a prize. (9) Offer alcohol beverage discounts at any times except between the hours of 4:30 p.m. and 7:30 p.m. Monday – Sunday. This section shall not apply to Incidental Licenses. (b) Each licensee shall maintain a schedule of the price charged for all alcoholic beverages to be served and consumed on the licensed premises or in any room or part thereof. The schedule of prices shall be posted in a conspicuous manner so as to be in view of t he paying public, and the schedule shall be effective for not less than one calendar week. (c) No licensee shall advertise or promote in any way, whether within or without the licensed premises, any of the practices prohibited under this section. (d) No provision of this section shall be construed to prohibit licensees from: (1) Offering free food or entertainment at any time; (2) Including an alcoholic beverage as part of a meal package; or (3) Selling or delivering wine by the bottle or carafe when sold with meals or to more than one person. (e) It is the intent of this section to limit activities typically associated with promotion referred to as "happy hour" or similarly designated promotions. (f) The police department shall have the responsibility for the enforcement of this chapter. (g) No licensee may require the purchase of any alcoholic beverage as a part of or prerequisite to the purchase of any other product or service. If alcoholic beverages are included as part of a package of other goods and services, the alcoholic beverages must be priced separately and all customers must be allowed to purchase the remaining goods and services without the alcoholic beverages at a price from which the full price of the alcoholic beverages has been deducted, provided, however, that this section shall not apply to Incidental Licenses. (h) It shall be unlawful for any sales to be made outside of area on or about the premises, or place of business licensed for such sale except as permitted herein. (i) It shall be unlawful for any person except a licensee, his or her manager, or agent in charge of the licensed premises, to carry into or have in his or her possession on any licensed premises, any alcoholic beverages in the original package the seal of which has been broken or the original package opened; provided that this section shall not apply to private clubs or establishments with a BYOB License. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Page 26 Sec. 4-234. - Store inventory only on premises. No retail consumption dealer licensed under this chapter shall keep any alcoholic beverage at any place except the licensed place of the business. No retail consumption dealer shall be permitted to enter into any type of arrangement whereby alcoholic beve rages ordered by a licensee are stored by a licensed wholesaler. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-235. - Pouring permits required. The following regulations shall apply to all establishments holding a license for consumption of alcoholic beverages on the premises, including establishments holding an Incidental License, BYOB License, or Limited Tap Licenses: (1) No person shall be employed to dispense, sell, serve, take orders, mix alcoholic beverages, or serve in any managerial position, by an establishment holding a license under this chapter until such person has been cleared by the chief of police or his or her designee, indicating that the person is eligible for such employment. (2) This section shall not be construed to include volunteer groups with nonprofit tax exempt status from the Internal Revenue Service whose volunteer efforts finan cially benefit a nonprofit organization with no direct financial benefit, either by wages, tips or donations, to the individual volunteer. No volunteer under the age of 18 years shall be allowed to dispense, sell, serve, take orders or mix alcoholic bevera ges. Employees of a licensed establishment whose duties are limited solely to those of busboy, cook, or dishwasher shall also be excluded from this section. (3) No pouring permit shall be issued until such time as a signed application has been filed with the city police department and upon paying a fee which shall be established by the mayor and city council, and a search of the criminal record of the applicant completed. The application shall include, but not be limited to, name, date of birth, and social security number. These applications and the resulting criminal investigative report shall be regarded as confidential and shall not be produced for public inspection without a court order. (4) The chief of police or his or her designee shall have a compl ete and exhaustive search made relative to any police record of the applicant. If there is no record of a violation of this chapter, the chief of police or his or her designee shall approve the issuance of a permit to the person, stating that the person is eligible for employment. If it is found that the person is not eligible for employment, the chief of police or his or her designee shall notify the person, in writing, that they are not eligible for employment, the cause of such denial and their right to appeal. (5) Crimes preventing the possession of a pouring permit: a. The applicant shall submit to fingerprinting as part of a background investigation by the city police department in connection with the application for the permit. No person shall be granted a pouring permit who has, within five years of the date of applying for a pouring permit, been convicted of or pled guilty or entered a plea of nolo contendere to any crime involving: 1. Moral turpitude; 2. Illegal gambling; 3. Illegal possession or sale of controlled substances; Page 27 4. Illegal possession or sale of alcoholic beverages (including the sale or transfer of alcoholic beverages to minors in a manner contrary to law); 5. Keeping a place of prostitution; 6. Pandering; 7. Pimping; 8. Public indecency; 9. Prostitution; 10. Solicitation of sodomy; or 11. Any sexual related crime. Or, at the time of applying for a pouring permit, is then on parole or probation for any of the criminal offenses identified in this subsection. b. No person shall be granted a pouring permit who has been convicted, plead guilty or entered a plea of nolo contendere to any federal, state, or local law for any felony within five years of the date of conviction and has not been released from parole or probation prior to the filing for application for such permit. For purposes of this chapter, a conviction or plea of guilt or nolo contendere shall be ignored as to any offense for which defendant who was allowed to avail himself or herself of the state first offender provisions, O.C.G.A. § 48-8-98 et seq. Except, however, that any such offense shall not be ignored where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and the sentence in court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender. (6) An alcoholic beverage pouring permit shall be issued for a period of one calendar year from the date of the original application and shall be valid for use at any licensed establishment. As noted in subsection (l) of this section, the alcoholic beverage pouring permit must be in the possession of the employee while the employee is working at the licensed establishment and shall be available for inspection by members of the police department or the city manager's staff. (7) Reserved. (8) No person shall be issued a permit if it is determined that the person falsified, concealed or covered up any material fact by any device, trick or scheme while making application to the city for an alcoholic beverage pouring permit under this section. If it is determined that a person is in violation of this subsection and a permit is denied for this reason, then 30 calendar days must elapse from the date of notification per certified mailing before a new application and fee may be resubmitted. (9) All permits issued through administrative error can be terminated and seized by the chief of police or his or her designee or the city manager or his or her designee. (10) A replacement permit will be issued within 30 days of the original date, upon paying one- half of the fee charged for an original alcoholic beverage pouring permit. After 30 days of original application date, a new application and fee must be submitted. (11) All permits issued under this chapter remain city property and shall be produced for inspection upon demand of any city police officer or code enforcement officer. (12) No licensee shall allow any employee or manager required to hold a permit to work on the premises unless the employee or manager has in his or her possession a current valid Page 28 city pouring permit. For new employees, an application for a permit must be made within five calendar days of date of initial employment. Licensees are required by this chapter to inspect and verify that each employee has in his or her p ossession a valid city alcoholic beverage pouring permit. (13) Any person convicted of any violation of this section shall receive a fine or license suspension or revocation as defined in section 4-123 of this chapter. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-236. - Reserved Sec. 4-237. - Licensee to provide list of all employees involved with sale and/or h andling of alcoholic beverages. It shall be the duty of the licensee to file with the city a list of the names, license numbers, addresses and telephone numbers of all present and prospective employees who are involved with the sale and/or handling of alcoholic beverages. The list is due twice annually during the month of June and again during the month of December. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-238. - Open area and patio sales regulations. The consumption and/or sale of alcoholic beverages may be allowed in open areas, sidewalks, decks, patios or similar unenclosed spaces on or about the premises of an establishment licensed to sell alcohol for consumption on the premises if written application is made to and approved by the city manager, or his or her designee, under such conditions as the city manager, or his or her designee, may deem appropriate for the protection of public health, safety and welfare including, but not limited to, maximum capacity, ingress and egress. the provisions of this article shall not be deemed to abrogate or otherwise impact any state law or local ordinance pertaining to public drunkenness, disorderly conduct, or similar laws. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-239. – Limited consumption on premises licenses. (a) Brown Bagging License. (1) Except as allowed by O.C.G.A. § 3-6-4, "Removal of partially consumed bottle of wine from premises," or article IX of this chapter, it is prohibited for customers with open alcoholic beverages to leave the area on or about the premises of an establishment licensed to sell alcohol for consumption on premises, and it is the licensee's responsibility to ensure that no open beverages purchased at the establishment are carried beyond that area. In the event of brown bagging in accordance with this chapter, a partially consumed bottle of wine must be sealed by the licensee or other permitted employee prior to removal from the premises and transported in accordance with O.C.G.A. § 40 -6- 253, "Consumption of alcoholic beverage or possession of open cont ainer of alcoholic beverage in passenger area." However, nothing in this section shall be construed to prohibit the carrying out of wine or malt beverages for consumption at a publicly owned or privately owned golf course. Page 29 (2) No entity may allow brown bagging without a license, and brown bag licensees must post notice stating "A partially consumed bottle of wine must be sealed by the licensee or other permitted employee prior to removal from the premises and transported in accordance with O.C.G.A. § 40-6-253” in a conspicuous place at the main exit of the establishment. (b) Limited Tap License (1) A Limited Tap License is required for establishment that: (a) Does not sell food; (b) Is limited to four beer kegs; those kegs must be from breweries located no further than 50 aerial miles from the establishment; (c) May sell beer Monday thought Saturday, from 9:00 a.m. until 9:00 p.m. and Sunday from 12:30 p.m. until 9:00 p.m.; (d) Shall not allow consumption by any individual to exceed 48 ounces within a calendar day; (e) Gains approval from the Fire Marshall and Building Official in accordance with applicable codes. (2) An establishment must obtain a Limited Tap License. (c) Incidental License (1) An Incidental License is required for establishment that: (a) Does not sell food; (b) Cannot charge for alcohol; (c) May serve wine and beer Monday thought Saturday, from 9:00 a.m. until 9:00 p.m. and Sunday from 12:30 p.m. until 9:00 p.m.; (d) Shall not allow consumption by any individual to exceed 16 ounces of wine or 24 ounces of beer within a calendar day; (e) Is limited to wine and beer; (f) Alcohol expenses shall not exceed 2% of gross receipts; (g) Any provisions within this chapter that refer to sales shall apply. (2) An establishment must obtain an Incidental License. (d) Bring Your Own Beverage (BYOB) License (1) A Bring Your Own Beverage License is required for establishment that: (a) Notwithstanding any other contrary provision of this chapter, any restaurant which is licensed to sell wine and beer for consumption on the premises may permit a patron to bring into the restaurant unopened wine and beer for consumption on the premises if the patron purchases a meal and con sumes a portion of the bottle of wine or beer during the meal on the restaurant's premises. Should the patron wish to take the unfinished portion of the bottle of wine from the premises, such bottle of wine shall be resealed by the licensee or other permitted employee prior to removal from the premises and transported in accordance with O.C.G.A. § 40-6-253; (b) The restaurant must establish a policy for permitting this practice and may in its own discretion charge a corkage fee. Nothing in this section shal l be deemed to require a restaurant to establish such a policy. Page 30 (b) Permitted Monday thought Saturday, from 9:00 a.m. until 9:00 p.m. and Sunday from 12:30 p.m. until 9:00 p.m. (2) An establishment must obtain a Bring Your Own Beverage License. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-240. - Physical requirements of premises. (a) The licensed premises shall be kept clean and shall b e in full compliance with all city regulations governing the conditions of the premises. (b) The licensee is required to maintain the exterior of the licensed premises, parking lot and all parts of the premises abutting public rights-of-way during all hours the business is open and to do an inspection of the premises within three hours after closing. The term "maintain" means keeping the defined areas free of bottles, cans, cups, trash and other litter. (c) All lounge and restaurant areas, including all t ables, booths, and other areas where customers are served and including all passageways for customers, shall be kept clean and shall be sufficiently well illuminated so that they may be viewed by those on or about the premises. (d) The Fulton County Health Department shall regularly inspect such licensed premises to determine that such licensed premises are in compliance with all Fulton County and state health rules and regulations and report any violations to the city manager or his or her designee. (e) City fire personnel shall regularly inspect the premises to see that they are in compliance with all city, Fulton County and state fire regulations and report any violation to the city manager or his or her designee. (f) The city community development department shall regularly inspect the licensed premises to determine if the premises are in compliance with all technical codes of the city and Fulton County and report any violation to the city manager or his or her designee. (g) City police personnel shall periodically inspect the premises to determine if the licensed premises are in compliance with all provisions of this chapter and report any violation to the city manager or his or her designee. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-241. - Contents of bottles. It shall be unlawful for licensees hereunder to add to the contents of a bottle or to refill empty bottles or in any other manner to misrepresent the quantity, quality or brand name of any alcoholic beverage. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-242. - Indication of prices. Page 31 All licensees hereunder, except private clubs, shall display in prominent places or on their menus, their current prices of alcoholic beverages by the drink. The licensee shall furnish to any customer that so desires an itemized bill of charges which shall not exceed the established price list. The city manager or his or her designee shall regularly inspect the records of all sales of alcoholic beverages for consumption on the premises and the total sales to determine that the licensee is in compliance with this article. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-243. - Conflicts with wholesaler or manufacturer prohibited. No financial aid or assistance to any licensee hereunder from any wholesaler or manufacture of wine or malt beverages or other alcoholic beverages shall be permitted. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-244. - Solicitation prohibited. No establishment licensed under this chapter shall require, permit, suffer, encourage, or induce any employee or person to solicit in the licensed pre mises for himself or herself, or for any person other than the patron and guest of the patron, the purchase by the patron of any drink, whether an alcoholic beverage or nonalcoholic beverage or money with which to purchase the beverage; nor shall any licensee pay a commission or any other compensation to any person frequenting his or her establishment or to his or her agent or manager to solicit for himself or herself or for the others, the purchase by the patron of any drink, whether an alcoholic beverage or nonalcoholic beverage or money with which to purchase the beverage. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-245. - Retail consumption dealers also licensed as retail package dealers. Retail consumption dealers may, subject to the provisions of this section, obtain a wine and/or beer package license for sales of wine or beer sealed in the original package. The following shall apply to retail consumption dealers who are also licensed as retail package dealers: (1) Except as provided in O.C.G.A. § 3-6-4, no retail consumption dealer shall sell wine by the package for consumption off premises unless such licensee also obtains a license fo r wine package sales; (2) Retail consumption dealers may, subject to the provisions of this section, obtain a wine and/or beer package license for sales of wine and/or beer sealed in the original package; (3) Wine and/or beer bottles for consumption off the premises sold in connection with this section shall be labeled in accordance with section 4-190; (4) Wine sold by the package in original, sealed containers shall not be opened or unsealed and, thereafter, removed from the premises, unless a portion of its contents are consumed on the premises and such package is resealed pursuant to O.C.G.A. § 3-6-4; (5) Wine and/or beer sales by the package pursuant to this section shall be sold during the hours as indicated in section 4-189; Page 32 (6) Sales of wine and/or beer by the package pursuant to this section may only be processed by employees permitted by licensee and this Code to sell alcoholic beverages; (7) Pursuant to Ga. Comp. Rules and Regs. 560-2-3-.15, nothing is this section shall authorize, permit, or otherwise allow a retail consumption dealer to obtain a license as a retail package dealer for the sale of distilled spirits. (8) Pursuant to Ga. Comp. Rules and Regs. 560-2-3-.15, retail consumption dealers shall not sell beer or wine by the package for carryout purposes: a. On any day or at any time when the sale of package beer or wine for carryout purposes is otherwise prohibited by law; or b. At any location which is within distances to grounds or buildings where the sale of alcoholic beverages for carryout purposes is otherwise prohibited by law. Except as otherwise provided by this Code, this section shall not apply to licensees for special events, brewpubs, private clubs, temporary licensees, or any establishment not otherwise licensed for consumption on the premises except eating establishments regularly serving prepared food, with a full-service kitchen (as defined in section 4-1), prepared to serve food every hour they are open. ( Ord. No. 16-01-267 , § 3, 1-4-2016) Secs. 4-246—4-253. - Reserved. DIVISION 2. - BREWPUBS Sec. 4-254. - General provisions. (a) A brewpub license authorizes the holder of such license to: (1) Manufacture on the licensed premises not more than 5,000 barrels of beer in a calendar year solely for retail on the premises and solely in draft form in an open container; (2) Operate a restaurant that shall be the sole retail outlet for such beer. Such outlet may offer for sale any other alcoholic beverages produced by other manufacturers which are separately authorized for consumption on the premises by this a rticle, including wine, distilled spirits, and malt beverages, provided that such alcoholic beverages are purchased from a licensed wholesaler for consumption on the premises only; and, provided, further, that in addition to draft beer manufactured on the premises, each brewpub licensee shall offer for sale commercially available canned or bottled malt beverages from licensed wholesalers for consumption on the premises only; and (3) Notwithstanding any other provision of this section, sell up to a maximum of 500 barrels annually of such beer to licensed wholesale dealers for distribution to retailers and retail consumption dealers. (b) Possession of a brewpub license shall not prevent the holder of such license from obtaining another license authorized under this chapter for the same premises. (c) A brewpub license does not authorize the holder of such license to sell alcoholic beverages at retail by package for consumption off the premises. Page 33 (d) A brewpub licensee shall not offer or permit any free sampling of beer by its customers on the premises. (e) A brewpub licensee shall pay all state and local license fees and excise taxes applicable to individuals licensed as manufacturers, retailers, and, where applicable, wholesalers. (f) Except as set forth in this section, a brewpub license holder shall be subject to all provisions of this chapter. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-255—4-276. - Reserved. DIVISION 3. - PRIVATE CLUBS Sec. 4-277. - General provisions. (a) Private clubs may sell and dispense alcoholic beverages upon compliance with all applicable city ordinances and regulations governing the sale of such beve rages and upon payment of such license fees and taxes as may be required by the existing ordinances, rules and regulations of the city. (b) No alcoholic beverage license shall be granted to a private club organized or operated primarily for the selling or serving of alcoholic beverages. (c) Veterans' organizations, fraternal organizations, and other nonprofit organizations currently having tax exempt status under either the United States Internal Revenue Code or the state income tax law shall not be required to operate a food establishment serving prepared food. However, any such organization selling or dispensing alcoholic beverages, or allowing brown bagging, shall be subject to all ordinance regulations dealing with general licensing and consumption on the premises establishments. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-278—4-296. - Reserved. DIVISION 4. - HOTEL AND HOTEL IN-ROOM SERVICE Sec. 4-297. - General provisions. (a) A hotel is eligible to obtain a consumption on the premises only if the following requirements are met. The hotel must: (1) Be used and held out to the public as a place where food is served and consumed and sleeping accommodations are offered to guests for adequate pay; (2) Contain 50 or more rooms used for the sleeping accommodations of guests; and (3) Contain one or more public dining rooms, with adequate and sanitary full -service kitchen facilities. Page 34 (b) A hotel may consist of a single buildi ng or may consist of two or more buildings located on the same premises and used in connection with the hotel operation. (c) A facility which is styled as a motel, motor lodge, inn, or other similar appellation may be licensed as a hotel if it meets the requirements of this section. (d) Notwithstanding any other provisions of this chapter to the contrary, any hotel (as the term "hotel" is commonly used and without regard to the requirements of this section), inn, or other establishment which offers overnight accommodations to the public for hire, may provide "in- room service" of alcoholic beverages if such establishment: (1) Holds a valid city consumption on premises license; and (2) Has been authorized to provide in-room service by the state. (e) For the purposes of this section, the term "in-room service" consists of: (1) The delivery of alcoholic beverages in unbroken packages by an employee of the hotel to a registered guest's room or to a registered guest at any other location in the same building as the hotel when such alcoholic beverages have been ordered by the guest and when the guest shall be billed for the cost of such alcoholic beverages at the time of delivery and when the sale of such alcoholic beverages is completed at the time of delivery; and (2) The provision of a cabinet or other facility located in a hotel's guest room which contains alcoholic beverages and which is provided upon request of the guest and which is accessible by lock and key only to the guest and for which the sale of a lcoholic beverages contained therein is final at the time requested except for a credit which may be given to the guest for any unused portion. (f) Except as otherwise provided in this section, in -room service of alcoholic beverages shall be subject to all restrictions and limitations in this chapter relative to the sale of alcoholic beverages. In-room service sales shall be authorized only on such days and only during such hours as indicated in section 4-232. (g) Distilled spirits sold pursuant to this section shall not be sold in packages containing less than 50 milliliters each. (h) All alcoholic beverages sold pursuant to this section shall be purchased from a licensed wholesale dealer and shall be subject to all taxes imposed under this chapter, incl uding the excise tax on the retail sale of by the drink of alcoholic beverages containing distilled spirits. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-298—4-316. - Reserved. DIVISION 5. - ALCOHOLIC BEVERAGE CATERERS Sec. 4-317. - General provisions. (a) License requirements for resident caterers. (1) Annual permit. a. Any caterer who possesses a valid city license to sell or otherwise dispense malt beverages, wine or distilled spirits by the drink for consumption on the premises within Page 35 the city may apply for an off-premises license that permits sales of the same off premises at authorized catered events or functions other than "special events" as discussed in section 4-168, which are separately licensed. b. Any caterer who possesses a valid city license to sell malt beverages, wine or distilled spirits by the package for consumption off the premises within the city may apply for an off-premises license that permits sales of the same class of alcoholic beverages by the drink off premises at authorized catered events or functions. c. Each off-premises catering license, authorized herein, shall be valid through December 31 for the year for which they are issued. The fee for each license (which shall not exceed $5,000.00) shall be set by resolution of the mayor and city council, and this fee shall remain in effect until modified or amended by subsequent resolution. (2) Authorized event permit. a. In order to distribute or sell malt beverages, wine or distilled spirits at an authorized catered function, a licensed alcoholic beverage caterer shall file an application for an off-premises event permit with the city manager or his or her designee at no additional fee. The application shall include the name of the caterer, the date, address and time of the event, the caterer's license number and any other information the city deems necessary to review a request for such permit. (3) It shall be unlawful for any person to engage in, carry on or conduct the sale or distribution of alcoholic beverages off premises and in connection with the catered event or function without first having obtained a license and event permit as provided herein. (b) Authorized event permit requirements for non-resident caterers. (1) A non-resident alcoholic beverage caterer shall submit an application for an off -premises event permit to the city manager or his or her designee. The fee for each such permit shall be $50.00 as authorized by O.C.G.A. § 3-11-3 (or such fee as may be authorized by any future amendment or revision thereto). (2) An application for an off-premises event permit shall include the name of the caterer, the date, address and time of the event, the licensed alcoholic beverage caterer's state and local license number and expiration date, and name of the event and the quantity and type of alcoholic beverages to be transported from the lic ensee's primary location to the location of the authorized catered event or function. (3) The original off-premises event permit shall be kept in the vehicle transporting the alcoholic beverages to the catered event or function. (4) It shall be unlawful for a licensed alcoholic beverage caterer to distribute, sell, or otherwise dispense alcoholic beverages off-premises except as authorized by the off- premises event permit. (c) A licensed alcoholic beverage caterer may sell or otherwise dispense only that which is authorized by its alcoholic beverage license. For example, if the alcoholic beverage caterer possesses a valid license to sell malt beverages, it may sell or otherwise dispense only malt beverages at the authorized catered event or function. (d) Excise taxes are imposed upon the sale of alcoholic beverages by resident caterers as provided in this chapter. Excise taxes are imposed upon the total of individual alcoholic beverages served by a non-resident caterer in the amount set forth in this chapter and shall be paid within 30 days after the conclusion of the catered event or function. Page 36 ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-318—4-336. - Reserved. DIVISION 6. - SPECIAL EVENTS FACILITY Sec. 4-337. - General provisions. (a) Where staff for a special events facility, or contractors hired by that facility who are not separately licensed caterers, will be dispensing or serving al cohol, the special events facility must obtain a separate license for consumption on the premises. (b) Where a caterer is hired and separately licensed, and where that caterer will be the only entity dispensing or serving alcohol, the special events facility need not obtain a separate license for consumption on the premises. (c) In order to be eligible for a consumption on the premises license, a special events facility must: (1) Be available to public or private groups of persons; (2) For monetary consideration on a rental, fee, percentage, or similar basis, be used primarily for special occasions, including but not limited to, receptions, meetings, banquets, conventions, parties, catered events, or similar gatherings; and (3) Be open to or attended by invited or selected guests or paying patrons; or (4) Be a sports complex situated in conformance with the city's zoning ordinances. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-338—4-358. - Reserved. DIVISION 7. - PUBLICLY OWNED FACILITIES Sec. 4-359. - General provisions. (a) Notwithstanding any other provision of this chapter to the contrary, a limited exception to sections 4-47 and 4-231 of this chapter, shall exist for that person or entity possessing a public facilities permit, as hereinafter defined. (b) For all purposes of this section, "public facilities" shall mean all facilities owned or leased by the City of Milton, except: (1 ) Any fire station; and (2) Any public safety facility. (c) Any person or entity desiring to engage in activities permitted by this section, shall make written application to the city manager or his or her designee for the appropriate public facilities permit on forms prescribed by the city. All applications shall be accompanied by a public facilities permit fee as set forth by city council resolution. Further, all applicants shall be required to provide a release and meet any other requirements set forth by the city manager as conditions of obtaining the public facilities permit. Page 37 (d) The city manager or his or her designee shall consider the following factors in determining whether to approve or deny an application for a public facilities permit: (1) Expected time period in which the event will occur; (2) Whether the event will occur during daylight hours; (3) The number of people expected to attend the event; (4) Other activities scheduled to occur in the structure, facility or property at the time of the event; and (5) Any other factor weighing upon the health, safety or welfare of others. (e) If the application is denied, which denial shall be based upon the factors described above, or if the applicant withdraws the application prior to its approval, the license fee (without interest) shall be refunded. The application shall include, but shall not be limited to: The name and address of the applicant, the date, address and times of the proposed event and the location of the public facility. All applications shall be sworn to by the applicant before a notary public or other officer authorized to administer oaths. (f) If such public facilities permit is granted by the city manager or his or her designee, it shall be good only for the specified event at the specified address and times set forth in the application, not to exceed two days for a public park and one day for any other public facility. (g) A public facilities permit for a public park shall only permit the permit holder to serve (not sell) alcoholic beverages in a hospitality tent or similar structure previously approved by the fire marshal, and the alcoholic beverages may only be consumed on the premises of such hospitality tent or similar structure. (h) A public facilities permit for a public facility shall only permit the holder to serve (not sell) alcoholic beverages within the premises of the public facili ty. (i) A public facilities permit shall only be issued to a caterer licensed under the provisions of this chapter, or to an individual who meets the character requirements of this chapter, provided, however, that no more than two permits per calendar year shall be issued to an individual who is not a licensed caterer. (j) The city manager shall have authority to prescribe forms for applications. Failure to furnish any requested data shall automatically serve to dismiss the application with prejudice. (k) Any untrue or misleading information contained in, or material statement omitted from, an original or renewal application for a public facilities permit shall be cause for the denial or revocation thereof. (l) Except as set forth above in this section, a public facilities permit holder must comply with all of the provisions set forth in this chapter. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-360—4-378. - Reserved. ARTICLE VI. - SALES BY FARM WINERIES Sec. 4-379. - Permitted sales. Page 38 A farm winery may sell its wine and the wine of any other Georgia farm winery licensee at retail in a tasting room or other facility on the premises of the winery for consumption on the premises and in closed packages for consumption off the premises. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-380. - Licenses. (a) Licensee qualifications. The qualifications for the license for sale by farm winery tasting room shall be the same as set forth in this section. (b) [Licenses issued.] The alcoholic beverage licenses which may be issued to farm wineries under this chapters are: (1) Wholesaler of farm winery production. A farm winery shall be granted a wholesale license for sale and distribution as provided by O.C.G.A. § 3 -6-21.1. Such license shall be issued upon application and payment of established fees and upon presentation of a receipt for payment of the state annual license tax as provided by the referenced code provisions in this section. (2) Retail package sales of wine. Each retail package sales license shall require that all sales shall be by and through the farm winery tasting room at the site which said license is issued. (3) Consumption on premises sales of wine. Each license for the sale of wine for consumption on the premises shall require that all consumption shall be at the farm winery site for which said license is issued. This site shall include any wedding or dining facilities associated with the farm winery. (4) Multiple farms winery licenses. A farm winery may apply for and, if approved, may be issued multiple farm winery licenses as provided in subsections (1) through (3) of this section for any single site. At the primary farm winery facility where the wine is produced, such site may be licensed for wholesale, retail package sales and consumption on premises sales. For any site other than the primary farm winery facility where the wine is produced, up to the maximum number of such sites as may be permitted by state statute, such site may be licensed for retail package sales and consumption on premises. (c) Ratio of sales. There shall be no specified or required ratio of alcohol sales to any other income for farm winery operations. (d) Hours and days of sale. Farm wineries shall be permitted to operate only during the following hours and days of the week, as indicated: (1) Monday through Saturday, from 9:00 a.m. until 12:00 midnight. (2) Sunday from 12:30 p.m. until 12:00 a.m. of the following day. (3) The licensed business shall open its business each day it is open by not later than 5:00 p.m. (e) Applicable provisions. The following provisions of this chapter regarding qualifications of the licensee and other matters shall apply to the issuance of the license for sale by a farm winery tasting room and the operation thereof: Article I, definitions. Article II, licensing. Page 39 Article V, sales for consumption on premises - general provisions, except as specifically noted in this section. Article X, regulations. (f) License fees. Any applicant for a license for the sale of wine and operation of a farm winery shall pay the license fee as set forth in the fee schedule. (g) Licensing limitations. The license created in accord with this article shall be limited to farm winery tasting rooms licensed by the State of Georgia in accord with O.C.G.A. § 3-6-21.1 et seq., and the licensee shall be permitted to perform only acts allowed in accord with such statutes. No license is hereby created authorizing any other use. (h) Renewals. All applications for renewal of a farm wi nery license or licenses shall be accompanied by a copy of the current state license. Failure to present a valid copy of a current and valid state license will result in a refusal to renew the license. (i) Consumption on the premises sale of distilled spirits, wine and malt beverages. A farm winery may apply for a license for consumption on premises of wine, malt beverages and/or distilled spirits (not produced under the Georgia Farm Winery Act O.C.G.A. § 36-6-21.1 et seq.) under the terms as provided under article V, sales for consumption on premises. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-381—4-399. - Reserved. ARTICLE VII. - WHOLESALERS DIVISION 1. - GENERALLY Sec. 4-400. - License required. (a) Any wholesale dealer in alcoholic beverages who is licensed by the State of Georgia and who has a place of business in the city shall procure a license under the sam e distance requirements and required hours and days of operation applicable to retail package licensees. The license fee for a resident wholesale dealer's license shall be set by mayor and council and approved by resolution. (b) Any wholesale dealer in alcoholic beverages who is licensed by the State of Georgia, who does not have a place of business in the city but who does business in the city, shall be registered in the city and subject to excise tax due from wholesale dealers p ursuant to article VIII. Such registration shall be renewed annually with: (1) Submittal of annual renewal affidavit; (2) The presentation of satisfactory evidence that he understands the alcoholic beverage rules and regulations of the city and the conditions under which retail licenses are issued; and (3) A registration fee of $100.00 as authorized by O.C.G.A. § 3-5-43. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-401. - Special provisions applicable to wholesale license. Page 40 (a) No person who has any direct financial interest in any license for retail sale of any alcoholic beverages in the city shall be allowed to have any interest or ownersh ip in any wholesale alcoholic beverage license issued by the city. (b) No retailer shall purchase any alcoholic beverage from any person other than a wholesaler licensed under this article. No wholesaler shall sell any alcoholic beverage to any person other than a retailer licensed under this chapter; provided, however, that this section shall not prohibit the purchase by one retailer of another retailer's entire stock in a bona fide purchase of an ongoing business. (c) No alcoholic beverage shall be delivered to any retail sales outlet in the city except by a duly licensed wholesaler. The name of the wholesale distributor shall be clearly marked on the delivery vehicle. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-402. - Hours and days of operation. Wholesalers shall not engage in the sale of alcoholic beverages except between 7:00 a.m. and 6:00 p.m., Monday through Saturday. There shall be no sales of alcoholic beverages on Sunday by wholesalers. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-403. - Audits. If the city manager deems it necessary to conduct an audit of the licensee's records and books, he or she shall notify the licensee of the date, time and place of the audit. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-404—4-422. - Reserved. ARTICLE VIII. - EXCISE TAXES DIVISION 1. - GENERALLY Secs. 4-423—4-441. - Reserved. DIVISION 2. - SALES OF DISTILLED SPIRITS BY THE DRINK Sec. 4-442. - Tax imposed. There is imposed upon the retail sale of drinks containing distilled spirits in the city an excise tax. The rate of such tax shall be set forth by city council resolution and shall not exceed three percent of the purchase price of the drink to the consumer. A record of each sale shall be made in writing and maintained for inspection by any authorized agent of the city. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Page 41 Sec. 4-443. - Licensee to collect and remit. Every consumption on the premises licensee shall collect the tax imposed by this section from purchasers of drinks containing distilled spirits. The licensee shall furnish such information as may be required by the city manager to facilitate the collection of the tax. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-444. - Customer receipts; credit sales. A consumption on the premises licensee shall give to the purchaser a receipt on which the purchase price and the tax imposed by this section shall be itemized separately. In all cases where the purchase is by deferred payment or credit, the licensee becomes liable for the collection and payment of the tax at the time of delivery of the drink to the purchaser. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-445. - Payment and returns by licensee. (a) Each licensee shall pay over the amount of taxes collected and coming due under this article in any calendar month to the city not later than the twentieth day of the following calendar month. (b) On or before the twentieth day of each month, a return for the preceding month shall be filed with the city treasurer or his or her designee by each licensee liable for the payment of tax under this article. Returns shall be in such form as the city may prescribe or authorize and signed by the licensee liable for the payment of tax hereunder. (c) Returns shall show the licensee's gross receipts from the sale of food, if applicable, alcoholic beverages containing distilled spirits, indicating the number sold by the drink, amount of tax collected or authorized due for the related period, and such other information as may be required by the city. Any amounts collected in excess of the excise tax rate set by the city council for the taxable sales shall be reported and paid to the city. (d) Any licensee who shall neglect, fail, or refuse to pay the tax herein provided upon all retail sales by the licensee of alcoholic beverages containing distilled spirits by the drink, shall be liable for and pay the tax himself or herself. (e) Licensees collecting the tax shall be allowed three percent of the first $3,000.00 of tax due and one-half percent of the amount in excess of $3,000.00 as a vendor's credit under this section and shall be reimbursed in the form of a deduction in submitting, reporting and paying the amount due, if said amount is not delinquent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from state law as now or hereafter amended. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-446—4-464. - Reserved. DIVISION 3. - WHOLESALE TAXES Sec. 4-465. - Tax imposed. Page 42 (a) There is imposed by the city an excise tax on the first sale or use of malt beverages in the city and is set at the rate set forth by city council resolution. (b) There is imposed by the city an excise tax on the first sale or use of wine by the package in the city and is set at the rate set forth by city council resolution. (c) There is imposed by the city an excise tax on the first sale or use of distilled spirits by the package in the city and is set at the rate set forth by city council resolution. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-466. - Wholesaler to collect and remit. The excise tax imposed shall be collected by all wholesalers selling alcoholic beverages to persons holding retail licenses for sale to the same, in the city. Said excise taxes shall be collected by the wholesalers at the time of the wholesale of such beverages. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-467. - Payment and returns by wholesaler. (a) It shall be the duty of each wholesaler to remit the proceeds so collected to the finance department of the city, on or before the fifteenth day of each month, for the preceding calendar month. (b) This remittance shall be submitted on forms as prescribed or authorized by the city. Remittances shall be accompanied by a statement under oath from a responsible person employed by the wholesaler showing the total sales of each type of alc oholic beverage, by volume and price, disclosing for the preceding calendar month the exact quantities of alcoholic beverages, by size and type of container, constituting a beginning and ending inventory for the month, sold to every person holding a retail license for the sale of alcoholic beverages in the city. (c) Failure to file such a statement, or to remit the tax collected on or before the fifteenth day of each month, shall be grounds for suspension or revocation of the license provided for by this chapter. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-468—4-486. - Reserved. DIVISION 4. - BREWPUBS Sec. 4-487. - Tax imposed. There is hereby levied an excise tax on all beer and malt beverages produced by a brewpub at the rate set forth by city council resolution. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-488. - Payment and returns by licensee. Page 43 (a) The excise tax shall be paid to the city's finance department no later than the twentieth day of each month for the preceding month's production. (b) A late payment penalty not to exceed ten percent of the tax otherwise due shall be added to the amount due for any payment not received by the due date. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-489—4-507. - Reserved. DIVISION 5. - TAX RETURNS AND COLLECTIONS Sec. 4-508. - Deficiency assessment. (a) If the city has cause to believe that a return or the amount of tax paid to the city by a licensee is not proper, the city may compute and determine the amount due on the basis of any information available. One or more deficiency determinations may be made of the amount due for any month. (b) The amount of deficiency determination shall bear interest at a rate equal to the bank prime loan rate as posted by the Board of Governors of the Federal Reserve System in statistical review release H. 15 or any publication that may supersede it, plus 3 percent, to accrue monthly from the fifteenth day of the month after the close of the period for wholesale tax due, or from the twentieth day after the close of the period for retail tax due, which the amount or any portion thereof should have been returned until paid, in addition to any other penalties which may be imposed. Such annual interest rate shall be determined for each calendar year based on the first weekly posting of statistical release H. 15 on or after January 1 of each year. For the purposes of this code section, Any period of less than one month shall be considered to be one month. (c) For any deficiency which is determined to be made due to fraud, or an intent to evade any provisions of this article, a penalty of 25 percent of the deficiency shall be added thereto. (d) The city shall give notice of a deficiency determination to the licensee. The notice shall be served by personal service on the registered agent by a city police officer or code enforcement officer. If personal service fails, the notice shall be mailed by certified mail to the registered agent at the address provided and to the named licensee at the licensed premises. Delivery shall be deemed to take place on the third day following depos it in the United States mail. (e) Except in the case of fraud, intent to evade this chapter, or failure to make a return, every notice of deficiency determination shall be mailed within three years after the twentieth day of the calendar month following the monthly period for which the amount is proposed to be determined, or within three years after the return is filed, whichever period should last expire. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-509. - Failure to file return. (a) If any licensee fails to make a return, the city shall make an estimate of the amounts of the gross receipts of the licensee, or as the case may be, of the amou nt of the total sales in the city which are subject to the tax. The estimate shall be made for the period in respect to which the licensee failed to make the return and shall be based upon any information which Page 44 is or may come into the city's possession. Upon the basis of this estimate, the city shall compute and determine the amount required to be paid the city. One or more determinations may be made for each period. (b) If the failure of any person to file a return is due to fraud or intent to evade this chapter, a penalty of 25 percent of the amount required to be paid by the party shall be added thereto in addition to any other penalties which are imposed under this chapter. (c) The city shall promptly give to the party written notice of the deficiency in the manner specified by subsection 4-508(c). (d) In the event that any person holding a retail license shall fail to file the required return or to pay the taxes imposed by this chapter, it shall be grounds for suspension or revocation of any retail license to sell alcoholic beverages in the city. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-510. - Penalties and interest. (a) Any party who fails to pay the tax herein imposed by the city, or fails to pay any amount of such tax required to be paid by the party shall, in addition to the tax, pay interest on the outstanding tax obligation at the rate of one percent per month, or fraction thereof, from the date the tax payment was last due until payment is made. (b) Any party who fails to pay the tax herein imposed by the city, or fails to file any required tax return to the city, within the time required, shall pay a penalty of 15 percent of the tax, or amount of the tax and interest, due the city. (c) In the event that any person holding a retail license shall fail or refuse to pay to the wholesaler selling to him or her alcoholic beverages the tax imposed by the city, the wholesaler shall immediately report such failure to pay to the finance department of the city and shall make no further sales of any alcoholic beverages whatsoever to said retailer until receipt of written notification to do so from the city. In such event, the tax may be collected by the city by an action at law against the retailer. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-511. - Actions for collections; overpayment. (a) At any time within three years after the delinquency of any amount due under this article, the city may bring an action in the courts of this state, any other state, or the United States in the name of the city to collect the amount delinquent, together with penalties, interest, court fees, filing fees, attorneys' fees, and other legal fees incident thereto. (b) Whenever any tax, penalty, or interest has been paid more than once or has been erroneously or illegally collected or received by the city, it may be offset against any future liability for the tax. (c) If the licensee determines that he has overpaid or paid more than once and such fact has not yet been determined by the city, the licensee shall have three years from the date of payment to file a claim with respect to such overpayment or doub le payments. Such claim shall be in writing and shall state the specific grounds upon which it is based. The claim shall be audited. If the city approves the claim, the excess amount paid may be credited against other amounts due from the licensee or refunded. Page 45 ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-512. - Administration and enforcement of article. (a) The city treasurer or his or her designee shall administer and enforce the provisions of this article VIII. (b) The city manager or his or her designee may promulgate rules and regulations for the enforcement of this article. (c) Every licensee engaging in the sale of mixed drinks shall keep such records, receipts, invoices, and other pertinent papers in such form as may be required by the city. (d) The city manager or his or her designee may examine the books, papers, records, financial reports, equipment, and facilities of any licensee engaging in the sale of any alcoholic beverage, retail or wholesale, in order to verify the accuracy of any return, or if no return is made to ascertain the amount of tax due. (e) In the administration of the provisions of this article, the city manager o r his or her designee may require the filing of reports by any person or class of persons having in their possession or custody any information relating to purchases subject to taxation under this article. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-513—4-531. - Reserved. ARTICLE IX. - SPECIAL PROVISIONS AND EXCEPTIONS WITHIN DESIGNATED ZONING DISTRICTS Sec. 4-532. - General provisions. The provisions of this article are intended to set forth certain exceptions and provisions applicable only to licensees whose establishments are located within the area identified in the Crabapple District, Deerfield District, and Birmingham Crossroads District (as hereinafter defined) holding licenses to sell alcoholic beverages for consumption on the premises. Except as specifically set forth in this article, all such licenses remain subject to all other provisions of this chapter. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-533. - Definition of Special Districts. For the purposes of this article only, the Crabapple District, Deerfield District, and Birmingham Crossroads Districts (as shown in the attached map) are defined as follows: The area of the city identified as T4, T4 Open, T4 Restricted, T5, T6, and adjacent CS transect zones in the applicable Form Based Code. Excluding in Crabappl e those parcels fronting Green Road and Arnold Mill Road. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-534. - Outside consumption of alcoholic beverages permitted. Page 46 (a) One drink on-street limit. Any establishment licensed to sell alcoholic beverages by the drink for consumption on the premises is authorized to dispense an alcoholic beverage in a paper or plastic cup, or other container other than a can, bottle, or glass, for removal from the premises; provided, however, that no establishment shall dispense to any person more than one such alcoholic beverage at a time for removal from the premises, and no person shall remove at one time more than one such alcoholic beverage from the licensed premises. (b) Size limited to a maximum of 16 ounces. No container in which an alcoholic beverage is dispensed and removed from the licensed premises shall exceed 16 fluid ounces in size. No person shall hold in possession on the streets and sidewalks, in parks and squares, or in other public places within the defined area any open alcoholic beverage container which exceeds 16 fluid ounces in size. (c) Drinking from can, bottle, or glass prohibited. It shall be unlawful for any person to drink or attempt to drink any alcoholic beverage from a can, bottle, or glass, or to possess in an open can, bottle, or glass any alcoholic beverage on the streets, sidewalks, rights -of-way, and parking lots, whether public or private. (d) Purchase from licensed premises within defined districts. Alcoholic beverages consumed pursuant to this provision must be purchased from a licensed premises within the defined districts. (e) Consumption limited to certain areas in defined districts. No alcoholic beverage purchased pursuant to this provision may be consumed outside of the defined districts, upon any sidewalk adjacent to a church, school or park (unless specifically authorized by the city in conjunction with a city event or other event authorized by the city) or upon any private property without the express written consent of the property owners. (f) Consumption limited to lawful hours of operation. No alcoholic beverage purchased pursuant to this provision shall be consumed except wit hin the authorized hours of sale of the establishment where purchased. (g) Festivals; special events. Unless otherwise specified by this article, the provisions of this article shall also apply to special events and festivals. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-535. - Alcohol/food sales ratio. A licensed establishment located within the defined districts shall derive a minimum of 50 percent of its total annual gross food and beverage sales from the sale or prepared meals or food. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-536. - No abrogation of other laws. The provisions of this article shall not be deemed to abrogate or otherwise impact any state law or local ordinance pertaining to public drunkenness, disorderly conduct, driving with an open container or under the influence of alcohol, or similar laws. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-537—4-555. - Reserved. ARTICLE X. - REGULATIONS Page 47 Sec. 4-556. - Days when sales are unlawful. (a) The sale of alcoholic beverages on election day is limited to provision of state law, pursuant to O.C.G.A. § 3-3-20. (b) It shall be unlawful for any person to sell alcoholic bevera ges within 250 feet of any polling place or of the outer edge of any building within which such polling place is established on primary or election days. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-557. - Distance requirement. (a) Beer, wine, and distilled spirits consumption on the premises license. In accord with the discretion afforded by O.C.G.A. 3-3-21(b)(3), no permit for the retail sale of alcoholic beverage for consumption on the premises or for Incidental Licenses or BYOB Licenses shall be issued to any business that is within 20 yards of a church, school building, education building, school grounds, or college campus. (b) Wine and malt beverages retail package sales. No person may sell or offer to sell any wine or malt beverage within 100 yards of any school building, school grounds, or college campus. (c) Distilled spirits retail package sales. No person may sell or offer to sell any distilled spirits in or within 100 yards of a church building or within 200 yards of any school building, educational building, school grounds, or college camp us. (d) Most direct route used. For purposes of this section, the distance shall be measured by the most direct route of travel on the ground and shall be measured in the following manner: (1) In a straight line from the front door of the establishment regulated under this ordinance; (2) To the front door of the building of a church, government -owned treatment center or a retail package store; or (3) To the nearest property line of the real property being used for school or educational purposes. (e) Preexisting establishments. No location which is licensed to sell alcoholic beverages on the effective date of the ordinance from which this section is derived shall be denied continued operation under an existing license, nor shall any new owner of the location be denied a new license based upon the measurements set forth in subsections (a), (b), (c), and (d) of this section. (f) New church or schools. As to any location licensed in the future, if the distance requirements in this section are met at the tim e of issuance of any license, the subsequent opening and operation of a church or school within the distance prohibited in this section shall not prevent the continuance of an existing license or the issuance of a new license to any subsequent owner of such property. Provided, however, that the distance requirements herein shall not apply at any location for which a new license is applied for if the sale of alcoholic beverages was lawful at such location at any time during the 12 months immediately precedin g such application. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Page 48 Sec. 4-558. - Sale to, purchase or possession by underage person. (a) No licensee shall sell or serve or permit to be sold or served alcoholic beverages to a minor, as defined in O.C.G.A. § 3-3-23, and a violation of O.C.G.A. § 3-3-23, as may be amended, shall be cause for suspending or revoking a license in accordance with provisions of this chapter. Further, it shall be a violation not to require and properly check identification to ensure that an underage person is not sold, served, or does not have in his or her possession any alcoholic beverages while in a licensed establishment. No licensee shall allow or require a person in his or her employment under 18 years of age to dispense, serve, sell or take orders for any alcoholic beverage. This section shall not prohibit persons under 18 years of age who are employed in supermarkets, convenience stores, or drugstores from selling or handling alcoholic beverages which are sold for consumption off the premises. (b) Nothing in this Code section shall be construed to modify, amend, or supersede Chapter 11 of Title 15. (c) No person who holds a license to sell or serve alcoholic beverages by the drink or who holds a BYOB License shall allow any minors to be in, frequent, or loiter about the licensed premises of the nightclub or lounge unless such minors are accompanied by a parent , legal guardian, or custodian; provided that: (1) Such minors shall be permitted in eating establishments or private clubs without being accompanied by a parent, legal guardian, or custodian. (2) This subsection shall not apply to minors who are employees under the terms of this article. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-559. - Advertising; signs. (a) No outdoor advertising or signs with respect to the promotions of the sale or service of alcoholic beverages, or the prices of such beverages, shall be permitted: (1) On the exterior of any retail package outlet; (2) On the premises of the consumption dealer; or (3) In the windows of any such establishment that may be viewed from outside. (b) No signs shall be erected anywhere in the city advertising or promoting the sale of alcoholic beverages, except that a store displaying its merchandise may in the same manner as such other merchandise is displayed, erect a sign indicating the counter on which the merchandise is displayed; provided the lettering of such signs does not exceed in size the lettering of such signs on other counters where other products are sold. The name, brand or type of alcoholic beverage served and the price per serving may be provided to customers on a regular printed menu. (c) Alcoholic beverages may not be priced on signs, menus or any place else allowed by this Code except as to single units or unbroken package quantities. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-560. - Types of entertainment, attire and conduct prohibited. Pursuant to O.C.G.A. § 3-3-41: Page 49 (1) No person shall perform on a premises licensed hereunder acts of or acts which constitute or simulate: a. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law; b. The touching, caressing, or fondling of the breast, buttocks, anus, or genitals; or c. The displaying of any portion of the female breast below the top of the areola or the displaying of any portion of any person's pubic hair, anus, cleft of the buttocks, vulva, or genitals. (2) No person shall use on licensed premises artificial devices or inanimate objects to perform, simulate, or depict any of the prohibited conduct or activities described in subsection (a) of this section. (3) It shall be unlawful for any person to show, display, or exhibit, on licensed premises, any film, still picture, electronic reproduction, or any other visual reproduction or image of any act or conduct described in subsections (a) and (b) of this section. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-561. - Requests for additional information. The city manager or his or her designee may request, from time to time, information concerning purchases and sales of alcoholic beverages from retailers and wholesalers. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Page 1 Appendix A - FEES AND OTHER CHARGES[1] FEES AND OTHER CHARGES Section Description Conditions Amount (in dollars) Chapter 2—Administration 2-702(c) Public records copying 8(½)×11 inches black and white .10 cents/page 8(½)×11 inches color .25 cents/page 11×17 inches black and white .50 cents/page 11×17 inches color .70 cents/page 2-702(d) Copies of plats 48×32 inches $9.10/page 24×30 inches $3.60/page 24×34 inches $5.00/page 2-702(d) Copies of CD, jump drives $15.00/each Chapter 4—Alcoholic Beverages 4-47(g) License fees Retail package Wine $400.00/year Malt beverages (including growlers) $400.00/year Wine and malt beverages $800.00/year Distilled spirits $3,000.00/year Page 2 Wine, malt beverages and distilled spirits $3,800.00/year Consumption on Premises Wine $650.00/year Malt beverages $650.00/year Wine and malt beverages $1,300.00/year Distilled spirits $3,200.00/year Wine, malt beverages and distilled spirits $4,500.00/year Additional bar $1,000.00/year Limited Tap License $325.00/year Incidental License $100.00/year Bring Your Own Beverage License $100.00/year Brown Bagging License $100.00/year 4-47 (g) Prorated license fees - Based on the number of months remaining in the calendar year (a partial month equals a whole month). Retail package Wine $200.00/year Malt beverages (including growlers) $200.00/year Page 3 Wine and malt beverages $400.00/year Distilled spirits $1,500.00/year Wine, malt beverages and distilled spirits $1,900.00/year Brown bagging $50.00/year Consumption on Premises Wine $325.00/year Malt beverages $325.00/year Wine and malt beverages $650.00/year Distilled spirits $1,600.00/year Wine, malt beverages and distilled spirits $2,250.00/year Additional bar $500.00/year 4-49 Processing fee - administrative $100.00/year 4-49 Processing fee - investigative $60.00/ea/year 4-52 Publication costs $200.00 4-123 (b) Penalty for sale to underage persons For the first offense A minimum fine of $500.00 4-123 (b) Penalty for sale to underage persons For the second offense in 24- month period A minimum fine of $750.00 Page 4 4-123 (b) Penalty for sale to underage persons For the third offense in 24-month period A minimum fine of $1,000.00 4-123 (e) Criminal penalties In addition to available actions, violators of chapter could be charged criminal penalties Not to exceed $1,000.00 4-167 (c) Temporary license Included in license fees 4-168 (a) Special event pouring permit For currently licensed consumption on premises establishments (not to exceed 10 days in any one year) $100.00 4-168 (b) Special event pouring permit For non-profit civic organizations (not to exceed 10 days in any one year) $100.00 4-193 (j) Ancillary wine and malt beverage tasting permit $50.00/year 4-222 Specialty gift shops (beer/wine) Flat fee $100.00/year 4-235 (c) Pouring permit Investigative fee $60.00/year 4-235 (J) Pouring permit replacement If within 30 days of original application date, then fee is $7.50. If after 30 days of original application, new application and fee must be submitted (see 4- 235). Page 5 4-254 Brewpub In addition to license fees in section 4-47(g) $250.00/year 4-277 Private clubs See section 4-47 4-297 Hotel and hotel in- room service See section 4-47 4-317 (a) Resident caterer permit For currently licensed consumption on premises or retail package establishments $150.00/year 4-317 (b) Non-resident caterer permit For authorized event $50.00/event 4-337 Special events facility If facility operator serves alcoholic beverages See section 4-47 4-359 Public facilities alcohol permit $50.00/event 4- 380(b)(1 ) Farm winery - wholesale $400.00/year 4- 380(b)(2 ) Farm winery - retail packages sales $400.00/year 4- 380(b)(3 ) Farm winery - consumption on premises $650.00/year 4-380(i) Farm winery - consumption on premises For distilled spirits, wine and malt beverages not produced on the farm See section 4-47 4-400(a) Wholesaler license fee Located within the city limits Page 6 Wine $400.00/year Malt beverages $400.00/year Wine and malt beverages $800.00/year Distilled spirits $3,000.00/year Wine, malt beverages and distilled spirits $3,800.00/year 4-400(b) Wholesaler license fee Located outside of the city limits Wine $100.00/year Malt beverages $100.00/year Wine and malt beverages $100.00/year Distilled spirits $100.00/year Wine, malt beverages and distilled spirits $100.00/year 4-442 Excise tax on distilled spirits by the drink 3% of the charge to the public for the beverage 4-465(a) Wholesale excise tax on malt beverages Container types When malt beverages are sold in or from a barrel or bulk container $6.00 on each container sold containing not more than 15½ gallons Page 7 When malt beverages are sold in bottles, cans, or other containers other than barrel or bulk containers $0.05 per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces 4-465(b) Wholesale excise tax on wine $0.22 per liter of wine, and a proportionate tax at the same rate on all fractional parts of a liter 4-465(c) Wholesale excise tax on distilled spirits $0.22 per liter of distilled spirits, and a proportionate tax at the same rate on all fractional parts of a liter 4-487 Excise tax on all beer and malt beverages produced by a brewpub $0.05 per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces 4-488 Penalty for late excise tax payment on beer and malt beverages produced by brewpub 10% of the tax otherwise due 4-508(b) Interest on deficiency of wholesale or retail excise tax 1% per month on the determined deficiency, or fraction thereof Page 8 4-508(c) Penalty on deficiency due to fraud 25% of the amount required to be paid 4-509 (b) Penalty for failure to file return For any deficiency which is determined to be made due to fraud, or intent to evade this chapter 25% of the amount required to be paid 4-510 (b) Penalty for failure to pay tax Any party who fails to pay the tax herein imposed by the city, or fails to file any required tax return to the city, within the time required 15% of the tax, or amount of the tax and interest, due the city Chapter 8—Animals 8-2(a) Penalty If any person violates the provisions of animals A fine up to the maximum amount provided for by the state law 8-2(b) Penalty If any person violates the provisions as it pertains to a potential dangerous dog No less than $150.00 for a second conviction, and no less than $300.00 for a third conviction 8-2(c) Penalty If any person violates the provisions as it pertains to a dangerous dog No less than $500.00 for a second conviction, and no less than $750.00 for a third conviction 8-2(d) Penalty If the owners of a dangerous or potentially dangerous dog fails to comply with related provision and his or her dog attacks or bites a human No less than $1,000.00 Page 9 8-2(e) Penalty If the owners of a dangerous or potentially dangerous dog knowingly and willfully fails to comply with related provision and his or her dog attacks and causes severe injury to or the death of a human No less than $5,000.00 8-7(b) Dog/cat vaccination/license tag Types of License Number of Years Standard Licensing Fees Unaltered pet 1 year $25.00 3 year $60.00 Spayed/neutere d pet 1 year $10.00 3 year $25.00 Senior Discount (60+) Unaltered pet 1 year $24.00 3 year $58.00 Spayed/neutere d pet 1 year $9.00 3 year $23.00 8-7(d) Dog/cat replacement vaccination/license tag $2.00 Page 10 8-8(b) Special permit (kennels) $100.00/year 8-61(d) Dangerous/potentia lly dangerous dog registration $100.00/year 8-61(e) Additional fees for renewing certificate of registration $100.00/year 8- 82(e)(1) Impoundment (vaccination) As established by Fulton County Animal Control 8- 82(e)(2) Impoundment (license) As established by Fulton County Animal Control 8- 82(e)(3) Impoundment fee $35.00 8- 82(e)(4) Impoundment (boarding) $10.00/day Chapter 10—Buildings and Building Regulations 10-2 Penalty If any person violates a related provision, or fail to comply therewith, or with any of the requirements thereof Varies 10-86(d) Building permit application $25.00 administrative fee + $50.00 certificate of occupancy 10-92(b) Penalty for work commencing 100% of the usual permit fee in addition to the Page 11 before permit issuance required permit fees 10-92(d) Permit fee Permit Fees Based on Valuations Total valuation Value calculation is based on ICC building valuation data published annually as a minimum standard valuation $1.00 to $500.00 $23.50 $501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.50 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $391.75 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 Page 12 $50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $5,608.75 for the first $1,000,000.00 plus $3.65 for each additional $1,000.00, or fraction thereof Chapte r 10 Commercial construction permit fees Type of Permit Includes all listed fees unless otherwise noted New Commercial building from the ground up, new shell $350.00 site $25.00 admin. Page 13 commercial structures include schools, hospitals, subdivision clubhouses, etc. $50.00 CO permit fee Plan review (50% of permit fee amount) $125.00 fire review (up to 5,000 sq. ft.) Tenant finish, interior work on commercial property $25.00 admin. $50.00 CO permit fee Plan review (50% of permit fee amount) $125.00 fire review (up to 5,000 sq. ft.) Construction of sales trailer $100.00 site $25.00 admin. permit fee Cell tower or co-locate $350.00 site $25.00 admin. permit fee Residential construction permit fees New house/townhouse from the ground up $350.00 site $25.00 admin. Page 14 $50.00 CO permit fee $100.00 plan review (up to 5,000 sq. ft.) $200.00 plan review (5,001 to 10,000 sq. ft.) $350.00 plan review (10,001 sq. ft. and up) Basement finish, bathroom or kitchen remodel, house addition $25.00 admin. permit fee $100.00 plan review (up to 5,000 sq. ft.) $200.00 plan review (5,001 to 10,000 sq. ft.) $350.00 plan review (10,001 sq. ft. and up) $350.00 site fee (house addition that extends out from original house frame) Page 15 Deck addition, pool house, garage, screened porch $100.00 site $25.00 admin. permit fee Pool $100.00 site, $25.00 admin., permit fee— $250.00 flat fee per pool Electrical permit Plumbing permit Mechanical permit For commercial also $25.00 admin. permit fee Roof, replacement window, replace shingles, etc. $25.00 admin. $50.00 permit fee Flat fee total of $75.00 Shed, out building $100.00 site $25.00 admin. permit fee Fence $100.00 site $25.00 admin. permit fee Page 16 Demolition of single-family house Demo of other structures including commercial $25.00 admin. $100.00 permit fee Other Fees Types of Permit Condition Re-inspection Fire re- inspection $50.00 per re- inspection $100.00 per re- inspection Temporary certificate of occupancy Only valid for up to 60 days $200.00 flat fee Reinstatement of expired permit 90% complete If permitted work is substantially complete as evidenced by inspection records showing passed framing and meets inspections as applicable to scope of work permitted $100.00 plus any re-inspection fees Reinstatement of expired permit Less than 90% complete If the permitted work is not substantially complete as evidenced by inspection records Renewal fee is one-half (50%) of the permit fee assessed at original building permit issue, but not less than $200.00 Reinstatement of expired permit Not executed No work has been performed as evidence by Reinstatement amount is full permit fee Page 17 inspection records Chapter 12—Business Regulation and Taxation 12-23(a) Occupation tax for business and practitioner For business and practitioner subject to the provision Based on the gross receipts 12-23 (b)(1) Flat rate fee for home-based businesses For home-based businesses (limit of one employee) $100.00/year 12-23 (b)(2) Occupation tax for business For businesses not generating gross receipts at the business location in the city $150.00 plus $7.00 per employee 12-23 (b)(4) Nonrefundable administrative fee (registration processing) $75.00/year 12-30(a) Flat rate fee or professional occupation tax for professional practitioners For professional practitioners May elect to pay a flat fee of $400.00 (administrative fee included); or may elect to pay occupation tax based on gross receipts plus administrative fee of $75.00 12-32(a) Penalty for late payment of occupation tax and administrative fees 1. Failure to pay occupation taxes and administrative fees when due; 2. Failure to file an application by March 31 of any calendar year, when the business or practitioner was in operation the preceding calendar year; and 3. Failure to 10% of the amount owned for each calendar year or portion thereof Page 18 register and obtain an occupation tax certificate within 90 days of the commencement of business 12-32(b) Interest for late payment of occupation tax and administrative fees 1.5% per month for delinquent taxes and fees 12-56 Insurers license fees For each insurer not covered by [section] 12-57 $100.00 each insurer, plus an additional $100.00 per location for insurers not covered by [section] 12-57 12-57 Insurers license fees For each separate business location operated and maintained by a business organization which is engaged in the business of lending money or transacting sales involving term financing and in connection with such loans or sales offers, solicits or takes application for insurance through a licensed agent of an insurer for insurance, said insurer shall pay an additional annual lincense fee, for the calendar year 2012 and for each calendar year thereafter, of the greater of $10.00 or 35 percent of the license fee set forth in section 12-56 $100.00 each insurer, plus an additional $35.00 per location 12-58 Gross premiums tax imposed on life insurers For each insurer writing life, accident and sickness insurance within the state 1% of the gross direct premiums received during the preceding calendar year Page 19 12-59 Gross premiums tax imposed on all other life insurers 2.5% of the gross direct premium received during the preceding calendar year 12-81 Annual business license tax For financial institutions One-quarter (.25)% of the gross receipts, and the minimum amount shall be $1,000.00 12-108 Professional bondsman administrative fees $75.00/year Chapter 14—Courts Chapter 16—Elections 16-27 Notice of candidacy for municipal office 3% of total salary of office sought Chapter 18—Emergency Management Services 18-48 Monthly charge for emergency telephone service $1.50 per telephone line and $1.50 per wireless subscriber 18-49 Prepaid wireless 911 charge $0.75 per retail transaction 18-69(1) Penalty for false alarm For the third and each subsequent false alarm that occurs at the same premises within any 12- month period For the 2nd and any subsequent false alarm in a 12- month period a fine is assessed at $150.00 each; no Page 20 monitored alarm user shall be assessed fines in excess of $600.00 for false alarms that occur at the same premises in any 24-hour period 18-69(2) Penalty for violation other than false alarm $100.00/each 18-90 (a)(5) Monitored alarm system registration $25.00/each Chapter 20—Environment 20-264 (c)(4) Civil penalties for violation subject to equitable relief; nuisance and abatement May impose a penalty not to exceed $1,000.00 per day for each day the violation remains unremedied after receipt of the notice of violation 20-47 (c)(5) Criminal penalties for violation related to equitable relief; nuisance and abatement $1,000.00 per day 20-289 Stormwater management application review Plan review fees Up to 3 reviews— Subsequent revision reviews will require 50% of the original fee, a Page 21 minimum of $350.00 Residential concept plans $350.00 + $5.00/lot Commercial concept plans $350.00 + $5.00/disturbed acre Residential development plans $350.00 + $20.00/lot Commercial development plans $350.00 + $20.00/disturbed acre 20-540 Project site reinspection fee $50.00 minimum 20- 543(a) Monetary penalties(violation) Not to exceed $2,500.00 per day for each violation 20-543 (b)(1) Minimum penalties Conducting land disturbance activities without a land disturbance permit or building permit (first offense) $250.00 for each violation or each day on which a violation exists 20-543 (b)(2) Minimum penalties Conducting land disturbance activities without a land disturbance permit or building permit (second or subsequent offense) $1,000.00 for each violation or each day on which a violation exists 20-543 (b)(3) Minimum penalties Lack of proper installation or maintenance of structural/vegetative best management practices $250.00 per violation Page 22 20-543 (b)(4) Minimum penalties Working under a stop work order (first offense) $500.00 20-543 (b)(5) Minimum penalties Working under a stop work order (second or subsequent offense) $1,500.00 20- 591(e) Land disturbance— Local permit application fee, per acre Permit Fees Based on Valuations Total valuation Value calculation is based on calculation of inspections per the land development valuation table below $1.00 to $5,000.00 $300.00 $5,001.00 to $20,000.00 $300.00 for the first $500.00 plus $150.00 for each additional $1,000.00, or fraction thereof, to and including $20,000.00 $20,001.00 to $100,000.00 $2,250.00 for the first $20,000.00 plus $100.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 Page 23 $100,001.00 to $250,000.00 $10,550.00 for the first $100,000.00 plus $50.00 for each additional $1,000.00, or fraction thereof, to and including $250,000.00 $250,001.00 to $500,000.00 $18,050.00 for the first $250,000.00 plus $25.00 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $24,300.00 for the first $500,000.00 plus $15.00 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $31,800.00 for the first $1,000,000.00 plus $10.00 for each additional $1,000.00, or fraction thereof Land Development Valuation Table Based on Inspections Road vert & section $16.00/ln. ft. Page 24 Curb and gutter $6.50/ln. ft. Base and paving $25.00/ln. ft. Commercial driveway $0.75/sq. ft. Storm drainage $20.00/ln. ft. Wastewater $22.00/ln. ft. Water main $16.00/ln. ft. Sidewalk $5.00/sq. ft. Erosion Control Fee Residential fee $200.00/lot Commercial/oth er fee $700.00/disturbed acre Other Applicable Fees Landscape installation inspection $350.00/disturbed acre × 3% Administrative fee $25.00 GIS Monument fee (as required) $1,050.00/monume nt Overnight delivery or courier fee (as required) $60.00 20- 591(f) Land disturbance— State permit, $80.00 per disturbed acre Page 25 additional per acre fee 20-658 Civil penalty for violation related to noise control May impose a penalty not to exceed $1,000.00 per day for each day the violation remains unremedied after receipt of the notice of violation Chapter 22—Fire Prevention and Protection 22-50 Plan review fees Structural plan review 5,000 sq. ft. or less $125.00 More than 5,000 sq. ft. $0.25 per sq.ft. Site development plan review $100.00 Sprinkler only plan review $100.00 Fire alarm only plan review $75.00 Commercial hood only plan review $50.00 22-50 Inspection fees 80% inspection $100.00 Page 26 Final inspection $100.00 Occupancy inspection $100.00 Miscellaneous/other final inspection $100.00 Re-inspection fee $100.00 After hours inspection $150.00 22-90(f) Penalties of violation subject to locked gates for commercial, residential and other locations Not [to] exceed $1,000.00 22-91(f) Penalties of violation subject to locked gates for certain buildings Not [to] exceed $1,000.00 22- 115(a) Penalties of violation of placing "Fire Lane" signs $150.00 for each violation (however, the fine will be waived if the required specifications are made within 14 days from the date of the citation) 22- 115(b) Penalties of violation of placing "Fire Lane" signs If that private or public property owner fails or refuses to meet said requirements on his or her property within such 14 days he or she shall, $150.00 for each violation and an additional $10.00 fine for each violation for each Page 27 on the 15th day after receiving the citation, be subject to the fine day that the owner fails to comply with the provisions 22-116 (b)(1) Penalties of violation of parking in a fire lane $25.00 for the first violation within any 30-day period; $40.00 for the second violation within any 30-day period; $50.00 for each violation thereafter occurring within any 30-day period Chapter 28—Law Enforcement Chapter 32—Offenses and Miscellaneous Provisions 32-109 Moving household goods at night permit TBD 32- 135(g) Penalties of violation for person under 21 years of age Varies 32-179 (b)(1) Penalties for nuisances The first violation A minimum of $100.00 32-179 (b)(2) Penalties for nuisances The second violation of the same provision A minimum of $500.00 32-179 (b)(3) Penalties for nuisances The third or repeat violation of the same provision A minimum of $1,000.00 Chapter 34—Parks, Recreation and Cultural Affairs Page 28 34-24 (a)(1) Field rental rates at Bell Memorial Park - Milton Citizen Rate One field for two hours without lights $25.00 per hour 34-24 (a)(2) Field rental rates at Bell Memorial Park - Milton Citizen Rate One field for two hours with lights $37.50 per hour 34-24 (a)(3) Field rental rates at Bell Memorial Park - Milton Citizen Rate Field preparation - dragging and lining $75.00 34-24 (a)(4) Field rental rates at Bell Memorial Park - Milton Citizen Rate Refundable security deposit $100.00 34-24 (a)(5) Field rental rates at Bell Memorial Park - Milton Citizen Rate One field for a day without lights $175.00 34-24 (a)(6) Field rental rates at Bell Memorial Park - Milton Citizen Rate One field for a day with lights $225.00 34-24 (a)(7) Field rental rates at Bell Memorial Park - Milton Citizen Rate For a special event for a day $500.00 34-24 (a)(8) Field rental rates at Bell Memorial Park - Milton Citizen Rate One artificial turf field without lights $75.00 per hour 34-24 (a)(9) Field rental rates at Bell Memorial Park - Milton Citizen Rate One artificial turf field with lights $100.00 per hour 34-24 (a)(10) Field rental rates at Bell Memorial Park - Milton Citizen Rate Refundable security deposit $100.00 Page 29 34-24 (a)(11) Field rental rates at Bell Memorial Park - Milton Citizen Rate Meeting room rental $20.00 per hour 34-24 (b)(1) Facility rental rates at Bethwell Community Center - Milton Citizen Rate Rentals offered in a minimum of three hours $40.00 per hour 34-24 (b)(2) Facility rental rates at Bethwell Community Center - Milton Citizen Rate Refundable cleaning deposit $50.00 34-24 (b)(3) Facility rental rates at Bethwell Community Center - Milton Citizen Rate Rental for a day $300.00 34-24(c) Facility rental rates at Friendship Community Park Pavilion only Rentals offered in a minimum of two hours $10.00 per hour 34-24 (d)(1) Facility rental rates at Broadwell Pavillion - Milton Citizen Rate Rentals offered in a minimum of four hours $25.00 per hour 34-24 (d)(2) Facility rental rates at Broadwell Pavillion - Milton Citizen Rate Usage of lights for the duration of a rental $25.00 per hour 34-24 (d)(3) Facility rental rates at Broadwell Pavillion - Milton Citizen Rate Refundable security deposit $500.00 Page 30 34-24 (d)(4) Facility rental rates at Broadwell Pavillion - Milton Citizen Rate Refundable personal grill usage deposit $100.00 34-24 (e)(1) Camp Joyful Soles Registration fee per week $175.00 34-24 (e)(2) Camp Joyful Soles Non-refundable, non-transferable deposit per week $50.00 34-24(f) Administrative fee Approved refunds/cancellations $15.00 34-24(g) Employee discount City of Milton employees may receive a discount on City of Milton directly offered programs (does not apply to programs offered through independent contractors) 50% off the City of Milton Resident rate 34-24(h) Corporate rate Milton based businesses 20% increase over City of Milton Resident rate 34-24(i) Non-resident rate Applies to individuals and businesses not based in Milton 50% increase over City of Milton Resident rate 34-24(j) Independent contractor commissions At the discretion of the parks and recreation director based upon services provided and fees charged No less than 10% and no more than 30% Chapter 36—Peddlers and Solicitors 36-40 Application fee ** This fee is for a business solicitation permit—There is no charge for a charity/nonprofit solicitation permit $75.00 administrative fees + $100.00 permit fees + $20.00 background check Page 31 Chapter 38—Personnel Chapter 42—Secondhand Goods Chapter 46—Solid Waste 46-3 Collection fee for the disposal and collection of waste TBD 46-70(a) Infrastructure maintenance fee 5% of the company's gross receipts to customers within the city Chapter 48—Streets, Sidewalks and Other Public Places 48-259 Traffic calming plan fee $500.00 per plan 48- 466(e) Sign replacement fee $250.00 per sign 48- 466(f) Sign performance bond $100.00 value per sign 48- 560(c) Penalties for violation of restoration of lanes $1,000.00 per instance and location 48-561 (b)(4) Penalties for violation of removal $1,000.00 per day per location 48- 584(c) Penalties of obstruction of right- of-way (personal property) 125% of the cost the city incurs in removing the property plus a fine of $1,000.00 Page 32 48- 584(d) Penalties of obstruction of right- of-way (illegal dumping) 125% of the cost the city incurs in removing the property plus a fine of $1,000.00 48-585 (b)(1) Penalties of location within the right-of- way (new unpermitted installations) 100% of the cost the city incurs in removing the property plus a fine of one-half the cost of the largest permit fee for the site 48-585 (b)(2) Penalties of location within the right-of- way (existing installations) No fines 48-585 (b)(3) Penalties of location within the right-of- way (temporary items) 125% of the cost the city incurs in removing the property plus a fine of $500.00 48- 587(a) Penalties of violation for agricultural uses $100.00 per incident 48-587 (b)(2) Penalties of violation of agricultural equipment uses $100.00 fine per incident, plus the cost of repairs to the road, and plus the cost of certified traffic control by the person who caused the damages Chapter 50—Subdivisions Page 33 50-2(a) Penalties of violation No less than $1,000.00 and not to exceed $2,500.00 50-208 Plat application $25.00 administrative fee + $350.00 review fee + $5.00/lot 50-209 Fees for required inspection, water and sewer connection, curb cut, and street sign See sections 48- 466, 20-591 and 22- 50 50-210 Bond fee $250.00 legal processing and $50.00 administrative fee Chapter 52—Taxation 52-19(b) Ad valorem taxes on property For property subject to the ad valorem tax $4.731 on 40 percent of each $1,000.00 of property 52-22(b) Penalties and interest for the delinquent of the ad valorem taxes For property subject to the ad valorem tax An interest rate of 1% per month (minimum $1.00) from the date the taxes are due until the date the taxes are paid. Any period less than one month is considered to be one month. A penalty of 10% is Page 34 applied after 90 days past due. The penalty shall not apply to the following: (1) Ad valorem taxes of $500.00 or less on homesteaded property; (2) Homesteaded property acquired during the tax year by a new owner who did not receive a bill and who before acquiring such property resided outside the State of GA and if taxes are paid within one year following the due date. 52-46 Penalty for delinquent payment For hotel and motel tax Penalties of 10% of amount of taxes due to the city, plus 1% interest per month on the unpaid tax 52-47 Hotel and motel excise tax For hotel and motel rent 3% of the rent for every occupancy of a guestroom in a hotel in the city 52-94 (a)(1) Rental motor vehicle excise tax For motor vehicle rented 3% of the rental charge. If paid on or before the 20th day of the Page 35 preceding calendar month, the tax payer may retain a credit in the amount of 3% of the tax due. 52-116 Penalties and interest for failure to remit taxes For rental motor vehicle excise tax A penalty of 5% of the tax then due, plus 1% interest per month thereon the unpaid principal amount due 52- 118(b) Interest on the deficiency determined For excise tax 1% per month or fraction thereof from the due date of the taxes Chapter 54—Telecommunications 54-5(d) Application fee $2,000.00 plus the actual consulting cost up to $7,500.00 54-8(c) Telecommunication s operating license $1,000.00 per tower and $1,000.00 per antenna array 54-11(d) Lease application fee $250.00 legal processing and $50.00 administrative fee 54-19(a) Lease compensation As negotiated by the city manager or designee and approved by city council Page 36 54-19(a) Late lease payments 2% of the annual rental fee for each day or portion thereof beyond the due date Chapter 56—Traffic and Vehicles 56-70(b) Charges and penalties for violation of provision subject to vehicle weights and loads $0.05 per pound for all excess weight, except for vehicles permitted to exceed the weight limitation, or are permitted under a "superload" or "superload plus" permit wherein the penalty would be $6.25 per pound for excess weight Chapter 58—Utilities 58-39(2) Penalty for violation of water uses Second and subsequent violations Not [to] exceed $1,000.00 58- 129(a) Civil penalty for violation of water uses Not [to] exceed $1,000.00 for each day the violation remains unremedied after receipt of the notice of violation 58- 129(b) Criminal penalties for violation of water uses Not [to] exceed $1,000.00 Page 37 Chapter 60—Vegetation 60-20(a) Penalties for violation Not [to] exceed $1,000.00 per violation per day 60-50 (b)(2) Tree protection signs All tree protection fences must be accompanied by "Stay Out" and "Tree Save" signage, which may be purchased from community development for a fee $5.00 per sign 60-48 Penalty for violation of specimen trees If specimen trees are removed or have their root protection zones disturbed without permission The unit value of the specimen tree is doubled and that becomes the unit value that must be compensated for Chapter 62—Vehicles for Hire 62-24(a) License fee License fees are levied per annum for each taxicab maintained or operated, and per annum for each driver's permit, and for certificate of public necessity $50.00 annual taxicab permit, $50.00 each annual driver's permit, $50.00 annual certificate of public necessity Chapter 64—Zoning 64- 360(2)c Inclusionary housing (in-lieu fees) TBD 64-366 Administration of inclusionary housing TBD 64-1017 Approval of alterations or new Certificate of endorsement for commercial and multifamily $350.00 for each project review Page 38 construction by the DRB 64-1616 (8)c. Media production permit fee Based on permit type requested and minimum processing time Low impact permit fee—$100.00, high impact permit fee—$250.00, additional $100.00 per day for any permit received less than the minimum number of processing days required in subsections 64- 1616(5)a. and 64- 1616(6)a. 64-1890 (c)(1) Application fee for a concurrent variance Residential districts: R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5, R-5A, NUP, CUP, MHP $250.00 plus $50.00 for each additional concurrent variance requested on the same piece of property AG-1, R-6, TR, A, A-1, O-I, C-1, C-2, M-1A, M-1, M-2, MIX and nonresidential uses in residential districts listed above $350.00 plus $100.00 for each additional concurrent variance requested on the same piece of property All signs $350.00 plus $100.00 for each additional request 64-1938 Appeal application Page 39 Single-family residential zoning districts and AG-1 district for residential uses only $250.00 plus $50.00 for each additional variance request on the same piece of property Multifamily districts, nonresidential districts, and commercial uses in residential or AG-1 districts $350.00 plus $100.00 for each additional variance request All signs $350.00 plus $100.00 for each additional variance request 64-2175 Rezoning petition To Acreage AG-1, R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5, R- 5A 0 to 5 $500.00 5+ to 10 $1,000.00 10+ to 20 $1,500.00 20+ to 100 $2,000.00 100+ $2,500.00 plus an additional $40.00 per acre for any portion thereof over 100 acres. Maximum fee = $10,000.00 R-6, TR, A, A-I, O- I, C-1, C-2, M- 1A, M-1, M-2, H 0 to 5 $750.00 5+ to 10 $1,500.00 Page 40 10+ to 20 $2,000.00 20+ to 100 $2,500.00 100+ $3,000.00 plus an additional $50.00 per acre for any portion thereof over 100 acres. Maximum fee = $10,000.00 CUP, NUP, MHP Any acreage $2,000.00 plus $50.00 per acre or any portion thereof. Maximum fee = $10,000.00 MIX Any acreage $1,000.00 plus $50.00 per acre or any portion thereof. Maximum fee = $10,000.00 64- 2221(b) Penalties for violation Where a determination is made that property is in violation of zoning ordinance, and any other codes and laws enforced by the community development department, and all reasonable efforts and means to obtain compliance have been exhausted $1,000.00 64- 2296(f) Penalties for violation of signs Not exceed $1,000.00 per day 64-2455 Application to HPC for certificate of appropriateness $350.00 per review Page 41 (Ord. No. 12-09-147, § 1, 9-17-2012; Ord. No. 14-05-201, § 1, 5-5-2014; Ord. No. 15-03- 238 , § 1, 3-16-2015; Ord. No. 15-04-245 , § 1, 4-27-2015; Ord. No. 15-10-261 , § 1(Exh. A), 10-19-2015) Footnotes: --- (1) --- Editor's note— Section 1 of Ord. No. 12-09-147, adopted Sept. 17, 2012, repealed the former App. A, and enacted a new App. A as set out herein. The former App. A pertained to similar subject matter, and derived from Ord. No. 11-12-120, adopted Dec. 5, 2011. See the Code Comparative Table for a complete derivation. BBiirrmmiinngghhaammHHiigghhwwaayyAG-1 C-1 MIX UV372 HHiicckkoorryyFFllaattRRooaadd BBiirrmmiinngghhaamm RRooaaddNew Bul l pen RoadNew Bul l pen RoadCreated/Altered: 4/26/2017 G:\TaxCommunityDev\OpenContainerOrdinance\BirminghamOpenContainerAreas_al_v1.mxd Birmingham Open Container Area (proposed) April 201 7 Birmingham Open ContainerArea (proposed)* Birmingham Crossroads Z oningOverlay D istrict Zoning Agricultural (AG-1)Community Business (C-1)Mixed U se (MIX) Freeway/H ighw ayRampMajor Arterial/C ollectorMinor Arterial/LocalRiversWaterbodiesCity LimitsCounties §¨¦575 §¨¦75 §¨¦75 §¨¦85 §¨¦85 §¨¦20§¨¦20 §¨¦285 §¨¦285 ¬«400 £¤19 City of Milton *NOTE: The proposed Birmingham open containerarea is identified as C-1 and MIX zoning in theBirmingham Crossroads Zoning Overlay District. 5 0 200 400 600100Feet MMiiddBBrroo aa dd ww eellll RR oo aa dd MM aa yy ffiieelldd RRooaadd Etris RdEtris RdST372 ST140 Rocky C r e e k A l p h a r e t t aAlpharetta R o s w e l lRoswell AAr r nn oo ll dd M M iillll R R oo aa dd Birmingham HighwayBirmingham HighwayHHeerriittaa gg ee WW aallkkAG-1 R-2 CBS T5 T4 -OpenT4CUP T2 CS T4R T3 R-4 UV372 UV140 UV372 MMaayyffiieellddRRooaaddGG rr ee ee nn RR oo aa ddCCooxxRRooaadd FFrreeeemmaannvviilllleeRRooaaddNew Providence RoadNew Providence RoadBBeetthhaannyyRRooaaddCreated/Altered: 4/26/2017 G:\TaxCommunityDev\OpenContainerOrdinance\CrabappleOpenContainerAreas_al_v1.mxd Crabapple Open Container Area April 201 7 Crabapple Open Container Area*Crabapple Form Based CodeZoningAgricultural (AG-1)Community Unit Plan (CUP)Single-Family Dwelling (R-2)Single-Family Dwelling (R-4)T2 T3T4T4R !!! !!!T4 - OpenT5Civic Building SiteCivic Space Freeway/HighwayRampMajor Arterial/CollectorMinor Arterial/LocalRiversWaterbodiesCity LimitsCounties §¨¦575 §¨¦75 §¨¦75 §¨¦85 §¨¦85 §¨¦20§¨¦20 §¨¦285 §¨¦285 ¬«400 £¤19 City of Milton *NOTE: The Crabapple open container area is identifiedas T4, T4 Open, T4 Restricted, T5, and CS transect zonesin the Crabapple Regulating Plan, excluding those parcelsfronting Green Road and Arnold Mill Road and those CStransect zones that are not directly adjacent to the otherzones listed above. 5 0 1,000 2,000 3,000500Feet £¤19 PPrroovviiddeenncceeRRooaaddMMa a y y ff ii eelldd RRooaadd ST9 ST400 ST400 CopperSand y C r e e k FoeKillerCreekBigCreekC a m p C r e e k UUnniioonnHHiillllRRddStrickland RdStrickland RdA l p h a r e t t aAlpharetta R-3A R-4A R-2A R-3 R-2 R-5AR-5 NUP AG-1 O-I T6 T4 -Open T2 T5R T3 CBS T5 CST4 T4P A CUP TR UV9 MM oo rrrriissRRooaaddBBeetthhaannyy WW aa yy BBee tthh aa nn yyRRooaaddRR ee dd dd RRooaadd BBeetthhaannyyBB ee nn ddHHaaggooooddRRooaadd DDeeee rrffiiee lldd PPaarrkkwwaayyCreated/Altered: 4/27/2017 G:\TaxCommunityDev\OpenContainerOrdinance\DeerfieldOpenContainerAreas_al_v1.mxd Deerfield Open Container Area (proposed) April 201 7 Deerfield Open C ontainer Area(proposed)*Deerfield Form Based Code ZoningAgricultural (AG-1)Office and Institutional (O-I)Community Business (C-1)Community U nit Plan (CU P)Neighborhood Unit Plan (N UP) Single-Family D welling (R -2)Single-Family D welling (R -2A)Single-Family D welling (R -3)Single-Family D welling (R -3A)Single-Family D welling (R -4A)Single-Family D welling (R -5)Single-Family D welling (R -5A)Medium Density Apartment (A)Townhouse R esidential (TR) T2T3T4 !!! !!!T4 - OpenT5T5RT6Civic Building SiteCivic Space Freeway/HighwayRampMajor Arterial/CollectorMinor Arterial/LocalRiversWaterbodiesCity LimitsCounties §¨¦575 §¨¦75 §¨¦75 §¨¦85 §¨¦85 §¨¦20§¨¦20 §¨¦285 §¨¦285 ¬«400 £¤19 City of Milton *NOTE: The proposed Deerfield open containerarea is identified as T4, T4 Open, T4 Restricted,T5, T6, and CS transect zones in the DeerfieldRegulating Plan, excluding those CS transectzones that are not directly adjacent to the otherzones listed above.5 0 2,000 4,000 6,0001,000 Feet M-1 L I U ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 25, 2017 FROM: Steven Krokoff, City Manage(l) AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Riddhi Investments LLC, dba Shell Food Mart, 15840 Birmingham Highway, Milton, Georgia 30004 MEETING DATE: Monday, May 1, 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: () YES (,ANO CITY ATTORNEY REVIEW REQUIRED: () YES (eNO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: C,sla (Lof-) 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on April 11, 2017, for the May 1, 2017 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Riddhi Investments LLC, dba Shell Food Mart, 15840 Birmingham Highway, Milton, Georgia 30004 ____________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for Riddhi Investments LLC, dba. Shell Food Mart for package retail of Wine and Malt Beverages. Expected start date of business: May 15, 2017. 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: Riddhi Investments LLC, dba. Shell Food Mart Contact Name: Ketan C. Gandhi Business Address: 15840 Birmingham Highway, 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. t -Tr -,N N 1� ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 25, 2017 FROM: Steven Krokoff, City Manager 0 AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal 2017 Budget for Each Fund of the City of Milton, Georgia, Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. MEETING DATE: Monday, May 1, 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 (,ANO CITY ATTORNEY REVIEW REQUIRED: () YES VNO APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR:b96t( 7 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 1% City of Milton, Georgia Fiscal Year 2017 Summary of Departmental Budget Amendments The goal of the fiscal year 2017 budget amendment is to revise departmental budgets and interfund transfers based on activity-to-date and future projections. GENERAL FUND The General Fund is the principal operating fund of the government and is used to facilitate current year operations. General Fund revenues have unrestricted use. Expenditure requests are categorized into two categories: Salary and Benefits and Maintenance and Operating. Salary and benefits line items include salaries, overtime, vacation pay, retirement and other associated payroll expenditures. The maintenance and operating category includes expenditures related to operational line items such as supplies, professional fees, training, dues and fees, travel, utilities, communications, machinery & equipment, etc. GENERAL FUND SUMMARY: Revenue Appropriation Increase 156,768 Expenditure Appropriation Increase 29,624 Net Revenue/(Expenditure) Requests:127,144 Revenue Amendments: The change in original revenue estimates for the following revenue sources is driven by an analysis of the activity-to-date. A projection was completed using available data indicating the fiscal year 2017 revenue estimates could be adjusted by the amounts indicated in the table on page 3. Some of the most significant changes are explained as follows: 1. Over the last several fiscal years, Insurance Premium Taxes have steadily increased. We received over $2 million for FY16, so we feel confident that the FY17 collections will be similar, if not higher. We are proposing a $200,000 increase in the projections for this revenue source to bring it in line with the $2 million in prior year collections. 2. The Financial Institution Tax came in lower than anticipated, so we are proposing a decrease of $7,850 to reflect actual collecting funds. 3. We have received donations for the 10 year celebration events ($20,000), the fire awards banquet ($600) and our Joyful Soles camp ($2,400). Amendments are requested for these line items to reflect what has been donated. There are amendments to the expenditures lines within the corresponding departments that offset the revenues. 4. In December 2014, a resolution was adopted to affirm the City’s commitment to conservation and greenspace preservation. Within that resolution, it was spelled out that revenues received from long- or short-term leases on City property would be dedicated to our conservation efforts. Cell tower leases fall into this category and we felt it would be better to move this particular revenue source to the Capital Projects Fund since that is where we account for expenditures related to conservation. A decrease in the appropriations for Cell Tower Leases of $77,412 is proposed. 5. Insurance Proceeds of $17,656 and reimbursements received from HIDTA of $1,374 make up the remaining proposed amendments. They are offset by increases to the correlating expenditure line items. Revenues Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) TAXES Current Year Property Taxes Real Property 9,545,176 9,893,278 10,100,000 - 10,100,000 - 10,100,000 Utility 80,123 73,381 73,000 - 73,000 69,287 3,713 Personal Property 189,668 193,676 190,000 - 190,000 - 190,000 Prior Year Property Taxes - - - - - Real Property 390,184 319,254 300,000 - 300,000 373,622 (73,622) Personal Property 5,131 4,672 5,000 - 5,000 4,746 254 Motor Vehicle Tax 284,483 203,625 140,000 - 140,000 62,904 77,096 Title Ad Valorem Tax 689,630 474,756 400,000 - 400,000 157,915 242,085 Alternative Ad Valorem Tax (AAVT) 2,224 2,482 2,000 - 2,000 - 2,000 Intangible Tax 235,642 265,700 250,000 - 250,000 106,187 143,813 Real Estate Transfer Tax 111,211 105,114 115,000 - 115,000 29,397 85,603 Franchise Fees 1,853,416 2,058,336 1,915,900 - 1,915,900 715,037 1,200,863 Local Option Sales Tax 8,404,439 8,528,916 8,400,000 - 8,400,000 2,937,849 5,462,152 Alcohol Beverage Excise Tax 296,110 298,104 295,000 - 295,000 137,351 157,649 Business & Occupation Tax 652,114 649,271 650,000 - 650,000 632,008 17,992 Insurance Premium Tax 1,884,880 2,041,691 1,800,000 200,000 2,000,000 - 2,000,000 Financial Institution Tax 39,673 46,001 46,000 (7,850) 38,150 38,150 - Penalties & Interest - - - - - Real Property Taxes 26,816 26,394 25,000 - 25,000 7,215 17,785 Personal Property Taxes 387 214 200 - 200 380 (180) Alcoholic Beverage Excise Taxes 32 584 200 - 200 373 (173) Business & Occupation Tax 7,454 6,661 6,000 - 6,000 435 5,565 Total: Taxes 24,698,793 25,192,111 24,713,300 192,150 24,905,450 5,272,854 19,632,596 LICENSES & PERMITS Alcohol Beverage Licenses 147,400 144,150 140,000 - 140,000 145,794 (5,794) Advertising Fee 2,800 1,200 600 - 600 1,800 (1,200) Pouring Permit 6,990 5,745 6,000 - 6,000 2,820 3,180 Public Facilities Alcohol Permit 200 300 300 - 300 100 200 Solicitation Permit 390 1,170 585 - 585 3,120 (2,535) Zoning & Land Use Permits 11,300 6,950 10,000 - 10,000 4,300 5,700 Land Disturbance 238,092 161,493 200,000 - 200,000 39,815 160,185 Modification 350 350 700 - 700 350 350 Variance 8,450 4,850 6,500 - 6,500 2,300 4,200 Seasonal & Special Events 1,260 710 1,000 - 1,000 700 300 Sign Permits 6,506 8,949 7,000 - 7,000 2,671 4,329 Film & Media Permits - 1,200 - 1,000 (1,000) Building Permits 476,626 438,913 480,000 - 480,000 181,527 298,473 NPDES Fees 7,872 4,898 4,000 - 4,000 876 3,124 Taxi & Driver Permitting Fees 300 - - - - - - Penalties & Interest-Alcohol Beverage Lic 10 1,761 500 - 500 2,541 (2,041) Res/Comm Work Without a Permit Penalty 2,630 2,307 1,500 - 1,500 2,193 (693) Total: Licenses & Permits 911,175 784,946 858,685 - 858,685 391,907 466,778 INTERGOVERNMENTAL REVENUES Bulletproof Vest Partnership - 4,655 - - - - - Community Services Program (CSP) - 12,000 - - - - - School Bus Stop Arm Violations - - - - - 2,820 (2,820) Total: Intergovernmental Revenues - 16,655 - - - 2,820 (2,820) CHARGES FOR SERVICES Administrative Fees Finance Admin Fee 70,098 70,039 70,000 - 70,000 59,200 10,800 Court Admin Fee 151,168 122,079 150,000 - 150,000 48,313 101,687 Maps & Cert Letters 510 390 450 - 450 150 300 Plan Review Fees 177,451 137,145 150,000 - 150,000 58,715 91,285 Open Records Fees 684 696 500 - 500 594 (94) Online Payment Convenience Fee 5,376 4,100 4,500 - 4,500 3,735 765 Development Bond Fee 2,300 1,450 1,000 - 1,000 250 750 Development Bond Fee to Offset Legal Expense 11,500 7,250 6,000 - 6,000 1,250 4,750 FY 2017 Account Name Unaudited Actuals FY 2016 FY 2015 Actuals Revenues Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) FY 2017 Account Name Unaudited Actuals FY 2016 FY 2015 Actuals Election Qualifying Fee 1,170 - 2,250 - 2,250 - 2,250 Expungement Fees (50) - - - - - - False Alarms 3,750 5,400 5,000 - 5,000 2,100 2,900 Fire Plan Review 1,088 3,226 900 - 900 325 575 Fire Inspection 8,115 8,800 7,000 - 7,000 4,400 2,600 Fingerprinting Fee 6,435 5,105 4,000 - 4,000 2,233 1,767 Medical Reimbursement - 423 - - - - - CPR Classes 171 26 150 - 150 - 150 Self Defense Class 565 2,545 1,000 - 1,000 - 1,000 MPD Explorers - 372 - - - 470 (470) Background Check Fees 15,810 14,900 14,000 - 14,000 9,290 4,710 Administrative Fees/COBRA - - - - - 108 (108) Activitiy Fees/Joyful Soles 26,225 28,098 25,000 - 25,000 8,251 16,749 Activity Commissions - - - - - - - ATPP - 1,017 250 - 250 182 68 Core Physique 1,379 - - - - - - Eagle Stix Lacrosse 4,435 29,485 12,000 - 12,000 7,904 4,096 FITT2U 3,711 1,639 - - - - - North GA Rec 9,070 32,663 12,000 - 12,000 - 12,000 Sperber Music 361 292 100 - 100 69 31 Blaze Sports 300 - - - - - - Halftime Sports 257 3,680 2,500 - 2,500 4,600 (2,100) HYA - 33,230 40,000 - 40,000 18,580 21,421 NFL Youth Flag Football - 21,231 9,000 - 9,000 - 9,000 Wanna Play Baseball - 1,735 1,800 - 1,800 812 988 Bad Check Fees 330 300 300 - 300 90 210 Total: Charges for Services 502,208 537,317 519,700 - 519,700 231,620 288,080 FINES & FORFEITURES Fines & Forfeitures 565,331 508,130 560,000 - 560,000 199,531 360,469 Total: Fines & Forfeitures 565,331 508,130 560,000 - 560,000 199,531 360,469 INVESTMENT INCOME Interest Revenue 430 508 420 - 420 1,103 (683) Realized Gain/Loss on Investmt 29,790 44,825 30,000 - 30,000 32,713 (2,713) Total: Investment Income 30,220 45,333 30,420 - 30,420 33,816 (3,396) CONTRIBUTIONS & DONATIONS Donation Revenue - - - 20,000 20,000 21,250 (1,250) Village Volunteers - 1,000 - - - Public Safety 50 - - - - - - Fire 2,639 889 - 600 600 600 - Public Safety Fund - 7,582 - - - - - Community Development 53 - - - - - - Parks & Recreation - 1,694 - - - 15 (15) Joyful Soles 678 - - 2,400 2,400 2,400 - Total: Contributions & Donations 3,420 11,165 - 23,000 23,000 24,283 (1,283) MISCELLANEOUS REVENUE Cell Tower Lease 25,992 77,534 77,412 (77,412) - - - Facility Rental - - - - - - - Bethwell Community Center 1,550 2,010 1,500 - 1,500 2,460 (960) Friendship Park 180 240 200 - 200 100 100 Bell Memorial Park - 19,688 20,000 - 20,000 2,650 17,350 Broadwell Pavilion 1,700 2,850 1,500 - 1,500 2,138 (638) Insurance Proceeds - - - - - - - Public Safety 10,900 6,025 - 17,656 17,656 23,243 (5,587) Public Works 2,800 6,509 - - - - - Damaged Property-Citizen Reimb 850 - - - - - - Other Misc Revenue 57,682 (72) 40,000 - 40,000 37,844 2,156 Atlanta HIDTA Reimbursements - 6,819 - 1,374 1,374 1,374 - Over/Short Cash Drawer 11 1 - - - 1 (1) Revenues Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) FY 2017 Account Name Unaudited Actuals FY 2016 FY 2015 Actuals Evidence Room Unclaimed Cash 568 182 - - - - - Total: Miscellaneous Revenue 102,233 121,786 140,612 (58,382) 82,230 69,809 12,421 OTHER FINANCING SOURCES Operating Transfers In-Htl/Mtl Fd 20,000 19,218 20,000 - 20,000 - 20,000 Operating Transfers In-Capital Projects Fund - - 243,000 - 243,000 121,500 121,500 Operating Transfers In-Revenue Bond Fund - 9,935,171 712,604 - 712,604 356,302 356,302 Operating Transfers In-Impact Fee Fund/Admin - 26,701 26,522 - 26,522 - 26,522 Sale of Surplus Equipment 30,416 5,313 15,000 - 15,000 13,079 1,921 Total: Other Financing Sources 50,416 9,986,402 1,017,126 - 1,017,126 490,881 526,245 TOTAL 26,863,797 37,203,844 27,839,843 156,768 27,996,611 6,717,522 21,279,089 Expenditure Amendments: Explanations for each of the amendments to the expenditure accounts are provided within the departmental budget spreadsheets following. General Fund Summary Approved Budget Requested Budget Amendment Amended Budget Revenues Taxes 24,698,793 25,192,111 24,713,300 192,150 24,905,450 Licenses & Permits 911,175 784,946 858,685 - 858,685 Intergovernmental Revenues - 16,655 - - - Charges for Services 502,208 537,317 519,700 - 519,700 Fines & Forfeitures 565,331 508,130 560,000 - 560,000 Investment Income 30,220 45,333 30,420 - 30,420 Contributions & Donations 3,420 11,165 - 23,000 23,000 Miscellaneous Revenue 102,233 121,786 140,612 (58,382) 82,230 Other Financing Sources 50,416 9,986,402 1,017,126 - 1,017,126 Total Revenues 26,863,797 37,203,844 27,839,843 156,768 27,996,611 Expenditures Mayor & Council 146,527 146,527 166,759 - 166,759 City Manager 687,710 687,710 691,336 - 691,336 City Clerk 163,966 163,966 207,077 (26,000) 181,077 General Administration 40,500 40,500 72,818 - 72,818 Finance 409,321 409,321 452,793 - 452,793 Legal 307,816 307,816 290,000 - 290,000 Information Technology 729,719 729,719 921,534 26,880 948,414 Human Resources 272,594 272,594 334,445 - 334,445 Risk Management 243,715 243,715 283,300 - 283,300 General Govt Buildings 386,420 386,420 474,354 - 474,354 Communications 344,653.21 276,876.66 205,479 - 205,479 Community Outreach & Engagement - - 152,443 20,000 172,443 Municipal Court 275,541 275,541 298,347 - 298,347 Police 3,915,311 3,915,311 4,430,315 (37,808) 4,392,507 Fire 5,693,645 5,693,645 6,559,155 121,563 6,680,718 Public Works 1,971,467 1,971,467 2,427,495 - 2,427,495 Parks & Recreation 1,118,753 1,118,753 1,430,360 2,400 1,432,760 Community Development 638,599 638,599 952,840 - 952,840 Economic Development 74,653 74,653 179,869 - 179,869 Debt Service - - 718,112 134,400 852,512 Other Financing Uses 22,619,075 22,619,075 6,003,930 (77,412) 5,926,518 Contingency - - 212,228 (134,400) 77,828 Total Expenditures 40,039,983 39,972,207 27,464,989 29,624 27,494,613 Total Revenues Over/(Under) Expenditures (13,176,187) (2,768,363) 374,854 127,144 501,998 Beginning Fund Balance 10,956,434 10,956,434 8,188,071 8,188,071 8,188,071 Ending Fund Balance (2,219,753) 8,188,071 8,562,925 8,315,216 8,690,070 FY 2017 Unaudited Actuals FY 2016 Actuals FY 2015 City Clerk Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 108,585 108,266 122,294 - 122,294 59,441 62,853 Total: Salaries & Wages 108,585 108,266 122,294 - 122,294 59,441 62,853 Employee Benefits GROUP INSURANCE 846 5,664 - - - - - MEDICAL INSURANCE - - 14,458 - 14,458 2,824 11,634 DENTAL INSURANCE - - 1,622 - 1,622 421 1,201 VISION INSURANCE - - 380 - 380 166 214 LIFE INSURANCE - - 638 - 638 310 328 AD&D INSURANCE - - 18 - 18 9 9 SHORT TERM DISABILITY - - 132 - 132 54 78 LONG TERM DISABILITY - - 489 - 489 238 251 401A (SS MATCH) 4,072 4,060 4,587 - 4,587 2,229 2,358 FICA MEDICARE 1,573 1,530 1,774 - 1,774 848 926 401A ER MATCH OF 457B CONTRIBUTIONS - 43 1,223 - 1,223 209 1,014 PENSION (GMEBS) 7,279 4,543 11,006 - 11,006 2,842 8,164 UNEMPLOYMENT INSURANCE 164 126 100 - 100 92 8 WORKER'S COMPENSATION 181 228 372 - 372 190 182 FLEXIBLE SPENDING/HEALTH SAVINGS 1,750 - 1,938 - 1,938 - 1,938 Total: Employee Benefits 15,865 16,194 38,737 - 38,737 10,432 28,305 Other Purchased Services COMMUNICATIONS 711 711 711 - 711 420 291 POSTAGE 44 74 100 - 100 - 100 ADVERTISING 1,674 1,046 1,200 - 1,200 2,218 (1,018) PRINTING: Name plates, business cards, general - - 200 - 200 - 200 TRAVEL - - - - - - - CVIOG - 471 960 - 960 366 594 Total: Travel - - - - - - - DUES AND FEES - - - - - - - GMC/FOA 118 75 75 - 75 - 75 Total: Dues and Fees 118 75 75 - 75 - 75 EDUCATION & TRAINING CVIOG - 415 800 - 800 460 340 Total: Education & Training - 415 800 - 800 460 340 MAINTENANCE CONTRACTS MUNICODE 16,184 10,845 15,000 - 15,000 6,931 8,069 GRANICUS 25,700 25,700 26,000 (26,000) - 15,167 (15,167) Total: Maintenance Contracts 41,885 36,546 41,000 (26,000) 15,000 22,097 (7,097) Total: Other Purchased Services 44,431 39,338 45,046 (26,000) 19,046 25,561 (6,515) Supplies GENERAL SUPPLIES 165 169 1,000 - 1,000 368 632 FOOD/MEALS - - - - - - - Total: Supplies 165 169 1,000 - 1,000 368 632 Total: City Clerk 169,046 163,966 207,077 (26,000) 181,077 95,802 85,275 BUDGET AMENDMENT NOTES Account Name Amount DECREASE 1. Maintenance Contracts/Granicus (26,000) Total Decrease (26,000)$ (26,000)$ FY 2015 Actuals TOTAL BUDGET AMENDMENTS This expense is IT related and should be moved to that department Unaudited Actuals FY 2016 FY 2017 Amendment Reason Information Technology Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 87,352 91,284 92,504 - 92,504 47,311 45,193 Total: Salaries & Wages 87,352 91,284 92,504 - 92,504 47,311 45,193 Employee Benefits GROUP INSURANCE 13,372 15,078 - - - - - MEDICAL INSURANCE - - 10,174 - 10,174 7,430 2,744 DENTAL INSURANCE - - 811 - 811 585 226 VISION INSURANCE - - 190 - 190 143 47 LIFE INSURANCE - - 479 - 479 240 239 AD&D INSURANCE - - 13 - 13 7 6 SHORT TERM DISABILITY - - 66 - 66 27 39 LONG TERM DISABILITY - - 360 - 360 110 250 401A (SS MATCH) 3,276 3,423 3,443 - 3,443 1,774 1,669 FICA MEDICARE 1,196 1,247 1,332 - 1,332 650 682 401A ER MATCH OF 457B CONTRIBUTIONS - - 918 - 918 - 918 PENSION (GMEBS) 8,596 9,846 8,262 - 8,262 2,291 5,971 TUITION REIMBURSEMENT - 3,000 3,000 - 3,000 - 3,000 UNEMPLOYMENT INSURANCE 49 49 50 - 50 47 3 WORKER'S COMPENSATION 343 255 279 - 279 180 99 FLEXIBLE SPENDING/HEALTH SAVINGS - 1,500 969 - 969 1,500 (531) Total: Employee Benefits 26,832 34,398 30,346 - 30,346 14,984 15,362 Purchased Professional and Technical Services PROFESSIONAL FEES 1,669 175 7,678 - 7,678 1,690 5,988 Total: Purchased Professional and Technical Services 1,669 175 7,678 - 7,678 1,690 5,988 Other Purchased Services COMMUNICATIONS 59 - - - - - - CELL PHONE & AIR CARD 1,104 1,216 2,009 - 2,009 1,046 963 FIRE DEPT POTS LINES 10,710 12,061 12,000 - 12,000 6,117 5,883 ATT - CITY HALL POTS LINES/BANDWIDTH 59,112 49,660 65,982 - 65,982 38,788 27,194 ATT - PUBLIC SAFETY BANDWIDTH 28,014 26,652 28,945 - 28,945 15,532 13,413 COMCAST-STATION 43/BANDWIDTH 10,935 10,732 10,350 - 10,350 5,622 4,728 E-911 - - 17,800 - 17,800 9,665 8,135 POSTAGE 180 - 247 - 247 494 (247) Total: Communications 110,113 100,321 137,333 - 137,333 77,263 60,070 PRINTING: Business cards - - 50 - 50 - 50 TRAVEL 32 - 1,600 - 1,600 - 1,600 GMIS CONFERENCE 141 33 600 - 600 971 (371) Total: Travel 173 33 2,200 - 2,200 971 1,229 DUES AND FEES - 20 120 - 120 20 100 EDUCATION & TRAINING 1,081 40 1,800 - 1,800 - 1,800 GMIS CONFERENCE - - 1,000 - 1,000 325 675 Total: Education & Training 1,081 40 2,800 - 2,800 325 2,475 MAINTENANCE CONTRACTS OPTIVIEW 10,225 10,064 11,000 - 11,000 10,010 990 GODADDY .COM 86 429 500 - 500 279 221 EXPERTS-EXCHANGE 239 200 - - - - - ENERGOV 11,226 - - - - - - ARC GIS 7,700 7,700 10,267 - 10,267 10,267 0 SHORETEL 5,104 5,219 5,615 - 5,615 2,385 3,230 INCODE 24,452 25,521 26,000 - 26,000 24,745 1,255 GRANICUS - - - 26,000 26,000 - 26,000 ALEN SIMS 1,530 1,800 1,800 - 1,800 900 900 OFFSITE BACKUP 4,649 4,632 15,366 - 15,366 15,366 0 FIREHOUSE 8,534 8,740 9,620 - 9,620 6,520 3,100 NETMOTION 4,879 4,001 5,000 - 5,000 2,334 2,666 GUARDIAN TRACKING 916 1,118 1,500 - 1,500 1,219 281 OSSI 30,596 34,691 35,732 - 35,732 35,732 0 DIGICERT 113 - 300 - 300 - 300 IT IGA JOHNS CREEK 42,716 17,869 - - - - - Unaudited Actuals FY 2016 FY 2017 FY 2015 Actual Information Technology Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) Unaudited Actuals FY 2016 FY 2017 FY 2015 Actual BARRACUDA MESSAGE MAINT. 4,338 3,875 581 - 581 581 (0) L-3 COMMUNICATIONS 4,250 13,202 15,250 - 15,250 7,756 7,494 EMS TRAINING AIDS 4,018 4,070 4,643 880 5,523 5,523 (0) MICROPAVER - - 1,500 - 1,500 - 1,500 2FA 439 483 - - - - - WORK ZONE 3,000 3,000 - - - - - VC3 255,622 284,474 363,728 - 363,728 190,782 172,946 OPEN GOV 6,500 8,966 8,000 - 8,000 8,000 - ICMA ANALYTICS TOOL 9,210 9,210 - - - - - REC1 - 500 - - - - - HIPERWEB - - 15,540 - 15,540 - 15,540 Total: Maintenance Contracts 440,342 449,763 531,942 26,880 558,822 322,400 236,423 Total: Other Purchased Services 551,709 550,177 674,445 26,880 701,325 400,978 300,347 Supplies GENERAL SUPPLIES - - - - - - - PRINTER MAINTENANCE KITS - 806 900 - 900 497 403 PLOTTER INK 585 69 1,000 - 1,000 483 517 PLOTTER PAPER 763 1,035 1,200 - 1,200 277 923 Total: General Supplies 1,348 1,911 3,100 - 3,100 1,258 1,842 Total: Supplies 1,348 1,911 3,100 - 3,100 1,258 1,842 Machinery & Equipment COMPUTER / SOFTWARE 2,463 1,392 16,178 - 16,178 15,001 1,177 COMPUTER / HARDWARE 38,693 35,204 60,094 - 60,094 38,847 21,247 OTHER EQUIPMENT - COMPUTER EQUIP&SUPPLIES 2,747 7,575 7,500 - 7,500 1,610 5,890 DESKTOP PRINTERS - 6,671 19,405 - 19,405 19,405 0 CITY PHONE SYSTEM 107 - 134 - 134 994 (860) SCANNERS - 933 10,000 - 10,000 - 10,000 OTHER 551 - - - - - - CELL PHONES - - 150 - 150 - 150 Total: Other Equipment 3,406 15,179 37,189 - 37,189 22,009 15,180 Total: Machinery & Equipment 44,562 51,774 113,461 - 113,461 75,856 37,605 Total: Information Technology 713,472 729,719 921,534 26,880 948,414 542,078 406,336 BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. Maintenance Contracts/Granics 26,000 2. Maintenance Contracts/EMS Training Aids 880 Total Increase 26,880$ 26,880$ TOTAL BUDGET AMENDMENTS Amendment Reason Moving this expense from the City Clerk Department since it IT-related Transferring funds from Fire to cover the overage Community Outreach & Engagement Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES - - 92,029 - 92,029 37,857 54,172 Total: Salaries & Wages - - 92,029 - 92,029 37,857 54,172 Employee Benefits GROUP INSURANCE - - - - - - - MEDICAL INSURANCE - - 10,174 - 10,174 7,146 3,028 DENTAL INSURANCE - - 811 - 811 585 226 VISION INSURANCE - - 190 - 190 143 47 LIFE INSURANCE - - 301 - 301 151 150 AD&D INSURANCE - - 8 - 8 4 4 SHORT TERM DISABILITY - - 66 - 66 27 39 LONG TERM DISABILITY - - 231 - 231 115 116 401A (SS MATCH) - - 3,452 - 3,452 1,420 2,032 FICA MEDICARE - - 1,335 - 1,335 507 828 401A ER MATCH OF 457B CONTRIBUTIONS - - 920 - 920 289 631 PENSION (GMEBS) - - 8,788 - 8,788 2,032 6,756 TUITION REIMBURSEMENT - - 3,000 - 3,000 - 3,000 UNEMPLOYMENT INSURANCE - - 100 - 100 71 29 WORKER'S COMPENSATION - - 279 - 279 - 279 FLEXIBLE SPENDING - - 969 - 969 - 969 Total: Employee Benefits - - 30,624 - 30,624 12,491 18,133 Purchased Professional and Technical Services PROFESSIONAL FEES - - - - - - - GRAND OPENINGS - - 1,000 - 1,000 - 1,000 Total: Professional Fees - - 1,000 - 1,000 - 1,000 Total: Purchased Professional and Technical Services - - 1,000 - 1,000 - 1,000 Other Purchased Services COMMUNICATIONS - - 720 - 720 420 300 PRINTING - - - - - 59 (59) BETTER TOGETHER - - 400 - 400 - 400 MILTON CARES - - 125 - 125 - 125 Total: Printing - - 525 - 525 59 466 TRAVEL - - - - - - - SOUTHEAST FESTIVALS & EVENTS CONFERENCE - - 770 - 770 - 770 Total: Travel - - 770 - 770 - 770 EDUCATION & TRAINING - - - - - - - SOUTHEAST FESTIVALS & EVENTS CONFERENCE - - 400 - 400 - 400 Total: Education & Training - - 400 - 400 - 400 Total: Other Purchased Services - - 2,415 - 2,415 479 1,936 Supplies GENERAL SUPPLIES - - 20,000 20,000 40,000 14,784 25,216 BETTER TOGETHER - - 337 - 337 - 337 MILTON CARES - - 250 - 250 61 189 Total: General Supplies - - 20,587 20,000 40,587 14,845 25,742 FOOD/MEALS - - - - - - - BETTER TOGETHER - - 1,000 - 1,000 215 785 MILTON CARES - - 500 - 500 - 500 Total: Food/Meals - - 500 - 500 - 500 PROMOTIONAL ITEMS - - 4,000 - 4,000 - 4,000 Total: Supplies - - 26,087 20,000 46,087 15,060 31,027 Machinery & Equipment OTHER EQUIPMENT - - - - - - - BETTER TOGETHER - - 163 - 163 163 0 MILTON CARES - - 125 - 125 - 125 Total: Other Equipment - - - - 288 - - Total: Machinery & Equipment - - 288 - 288 163 125 Total: Innovation & Engagement - - 152,443 20,000 172,443 66,049 106,394 FY 2017 Unaudited Actuals FY 2016 FY 2015 Actuals Community Outreach & Engagement Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) FY 2017 Unaudited Actuals FY 2016 FY 2015 Actuals BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. General Supplies 20,000 Total Increase 20,000$ 20,000$ TOTAL BUDGET AMENDMENTS Amendment Reason Increased to account for sponsorship funds received Police Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) Salaries & Wages REGULAR EMPLOYEES 2,014,578 2,094,939 2,302,992 (12,444) 2,290,548 1,015,065 1,275,483 OVERTIME 69,319 80,816 75,000 (12,535) 62,465 31,092 31,373 RESTRICTED ON-CALL PAY 8,517 7,725 7,800 - 7,800 3,968 3,832 HOLIDAY PAY 111,460 119,804 120,000 (8,600) 111,400 80,900 30,500 Total: Salaries & Wages 2,203,873 2,303,284 2,505,792 (33,579) 2,472,213 1,131,025 1,341,188 Employee Benefits GROUP INSURANCE 413,604 403,431 - - - - - MEDICAL INSURANCE - - 437,482 - 437,482 195,680 241,802 DENTAL INSURANCE - - 34,873 - 34,873 16,795 18,078 VISION INSURANCE - - 8,170 - 8,170 4,124 4,046 LIFE INSURANCE - - 11,402 (175) 11,227 5,254 5,973 AD&D INSURANCE - - 315 - 315 145 170 SHORT TERM DISABILITY - - 2,838 - 2,838 1,127 1,711 LONG TERM DISABILITY - - 8,625 (134) 8,491 4,026 4,465 401A (SS MATCH) 95,084 103,249 100,849 (2,082) 98,767 51,174 47,593 FICA MEDICARE 30,975 31,986 32,140 (487) 31,653 15,676 15,977 401A ER MATCH OF 457B CONTRIBUTIONS 39,258 57,825 102,231 (4,029) 98,202 26,157 72,045 PENSION (GMEBS) 152,149 136,852 134,101 (3,022) 131,079 53,978 77,101 TUITION REIMBURSEMENT 10,588 14,340 27,000 - 27,000 4,867 22,133 UNEMPLOYMENT INSURANCE 2,355 2,243 2,200 - 2,200 2,060 140 WORKER'S COMPENSATION 77,474 89,451 108,320 (1,806) 106,514 67,576 38,938 FLEXIBLE SPENDING 4,800 14,775 41,667 - 41,667 11,775 29,892 OTHER EMPLOYEE BENEFITS 9,545 - - - - - - Total: Employee Benefits 835,832 854,151 1,052,213 (11,736) 1,040,477 460,412 580,065 Purchased Professional and Technical Services PROFESSIONAL FEES 831 909 2,000 - 2,000 28 1,972 LASER & RADAR RECERTIFICATION 1,000 1,100 1,500 - 1,500 720 780 K-9 2,146 2,558 2,500 - 2,500 979 1,521 GRAPHICS FOR PATROL CARS 1,577 520 2,000 - 2,000 - 2,000 INMATE MEDICAL SERVICES 11,420 8,966 25,000 - 25,000 1,911 23,089 TAG & TITLE APPLICATIONS 404 392 600 - 600 345 255 RECRUITMENT TESTING-POLYGRAPH 900 400 2,700 - 2,700 200 2,500 RECRUITMENT TESTING - PYSCH 2,300 1,900 3,000 - 3,000 400 2,600 WRITTEN ENTRY LEVEL TEST 710 420 1,000 - 1,000 185 815 PROMOTION EXAMINATIONS - - 1,100 - 1,100 783 317 EMPLOYMENT BACKGROUND CHECKS 2,221 564 1,898 - 1,898 254 1,644 IACP NET YEARLY FEES 1,000 875 1,000 - 1,000 875 125 HEALTH & WELLNESS PROGRAM 9,115 5,985 10,000 - 10,000 1,568 8,433 Total: Professional Fees 33,623 24,590 54,298 - 54,298 8,247 46,051 PROFESSIONAL FEES / INVESTIGATIONS INVESTIGATIVE DATABASE SUB 2,128 2,128 4,003 - 4,003 4,003 - OTHER INVESTIGATIVE FEES 547 2,005 6,300 - 6,300 687 5,613 Total: Professional Fees/Investigations 2,675 4,133 10,303 - 10,303 4,690 5,613 EQUIPMENT REPAIR & MAINT 834 254 2,500 - 2,500 900 1,600 EQUIPMENT R&M/MOTOROLA RADIOS 714 58 1,000 - 1,000 - 1,000 Total: Equipment Repair & Maintenance 1,548 312 3,500 - 3,500 900 2,600 FACILITIES REPAIR & MAINT 875 434 1,500 - 1,500 - 1,500 VEHICLE REPAIR & MAINT 49,294 79,953 80,000 7,507 87,507 46,026 41,480 RENTAL LAND & BUILDINGS 490 - - - - - - RANGE FEES 6,785 - - - - - - STORAGE UNIT 995 2,643 3,240 - 3,240 1,512 1,728 Total: Rental Land & Buildings 8,270 2,643 3,240 - 3,240 1,512 1,728 Total: Purchased Professional and Technical Services 96,285 112,064 152,841 7,507 160,348 61,375 98,972 Other Purchased Services COMMUNICATIONS 33,317 35,467 40,000 - 40,000 17,928 22,072 POSTAGE 1,968 308 1,500 - 1,500 222 1,278 PRINTING - CITATIONS, FORMS & DOCUMENTS 1,811 800 3,000 - 3,000 1,128 1,872 FY 2017 Unaudited Actuals FY 2016 FY 2015 Actuals Police Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) FY 2017 Unaudited Actuals FY 2016 FY 2015 Actuals BUSINESS CARDS 1,285 1,655 1,500 - 1,500 583 917 Total: Printing 3,096 2,455 4,500 - 4,500 1,711 2,789 TRAVEL 2,395 317 1,000 - 1,000 - 1,000 IACP CONFERENCE 2,036 - - - - - - CALEA CONFERENCE 804 - 3,000 - 3,000 - 3,000 UPD 4,795 8,550 5,000 - 5,000 33 4,967 K-9 1,572 - 1,000 - 1,000 - 1,000 SWAT 993 1,061 2,500 - 2,500 413 2,087 RECORDS CLERK CONFERENCE 650 - 500 - 500 - 500 GACP CONFERENCE - 594 900 - 900 - 900 GPSTC 194 1,292 2,000 - 2,000 378 1,622 CID TRAVEL - - 2,281 - 2,281 2,281 (0) GPAC TRAVEL 1,354 1,209 2,000 - 2,000 375 1,625 AA/TAC CONFERENCE 196 346 750 - 750 - 750 COMMAND COLLEGE 1,368 8,173 8,500 - 8,500 3,327 5,173 SSD - 7,173 6,000 - 6,000 1,648 4,352 MPD EXPLORERS PROGRAM - 562 6,000 - 6,000 4,154 1,846 CITIZENS POLICE ACADEMY - 1,438 - - - - - Total: Travel 16,316 30,716 41,431 - 41,431 12,610 28,821 DUES AND FEES 1,406 1,805 3,000 - 3,000 1,894 1,106 GEORGIA POLICE ACCREDITATION COALITION 75 94 125 - 125 145 (20) GEORGIA ASSN OF CHIEFS OF POLICE 575 650 375 - 375 100 275 INTERNATIONAL ASSN OF CHIEFS OF POLICE 772 475 625 - 625 325 300 POST FEES 1,311 585 2,000 - 2,000 178 1,822 ACCREDITATION FEES 4,065 4,315 6,500 - 6,500 3,763 2,738 CID CONFIDENTIAL FUNDS - - 1,000 - 1,000 500 500 RANGE FEES - 8,400 10,000 - 10,000 1,770 8,230 Total: Dues and Fees 8,204 16,324 23,625 - 23,625 8,674 14,951 EDUCATION & TRAINING 517 290 1,500 - 1,500 35 1,465 PROFESSIONAL DEVELOPMENT UPD 3,770 10,098 10,500 - 10,500 695 9,805 GACP CONFERENCE 265 490 500 - 500 295 205 RECORDS CLERK CONFERENCE 250 - 700 - 700 - 700 AA/TAC CONFERENCE 130 250 250 - 250 - 250 CRIMINAL INVESTIGATIONS - 1,274 5,000 - 5,000 1,195 3,805 CANINE TRAINING 6,650 - 1,000 - 1,000 - 1,000 NCGLEA 3,800 2,438 1,950 - 1,950 2,238 (288) SWAT 1,001 450 1,500 - 1,500 300 1,200 CALEA CONFERENCE 670 - 1,500 - 1,500 - 1,500 R.A.D 1,900 2,940 2,000 - 2,000 - 2,000 INSTRUCTOR TRAINING - - 1,200 - 1,200 - 1,200 GPAC TRAINING 200 200 450 - 450 150 300 COMMAND COLLEGE 510 11,160 13,000 - 13,000 7,090 5,910 IACA - 1,185 - - - - - MPD EXPLORERS PROGRAM - - 5,000 - 5,000 1,145 3,855 Total: Education & Training 19,662 30,795 46,050 - 46,050 13,143 32,908 CONTRACT LABOR - 9,991 - - - - - Total: Contract Labor - 9,991 - - - - - MAINTENANCE CONTRACTS 974 - 974 974 - INMATE SERVICES - - 5,000 - 5,000 - 5,000 PROPERTY & EVIDENCE IGA 55,000 60,000 60,000 - 60,000 30,000 30,000 800 MHZ FEES TO FULTON CTY 8,116 1,672 162,000 - 162,000 76,956 85,044 INNOVATIVE DATA SOLUTIONS 4,373 4,105 4,900 - 4,900 3,238 1,662 ANIMAL CONTROL - FULTON CO 24,261 24,991 30,000 - 30,000 20,636 9,364 CHOICEPOINT/CLEAR 4,541 5,245 5,683 - 5,683 2,273 3,410 CRIME REPORTS 3,576 4,776 13,465 - 13,465 7,645 5,820 CELLEBRITE SYS 4,648 1,550 3,250 - 3,250 3,099 151 AFIS CIRCUIT 9,852 9,477 9,874 - 9,874 4,233 5,641 RING CENTRAL 480 480 500 - 500 192 308 ELECTRONIC WARRANT INTERCHANGE 1,295 1,295 1,300 - 1,300 971 329 Police Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) FY 2017 Unaudited Actuals FY 2016 FY 2015 Actuals VIGILANT SOLUTIONS - 1,450 6,000 - 6,000 2,900 3,100 PEN-LINK - - 313 - 313 313 1 Total: Maintenance Contracts 116,141 115,040 303,259 - 303,259 153,430 149,829 Total: Other Purchased Services 198,704 241,095 460,365 - 460,365 207,718 252,647 Supplies GENERAL SUPPLIES 15,336 12,301 13,000 - 13,000 1,945 11,055 AMMUNITION 14,940 11,562 10,000 - 10,000 7,978 2,022 K-9 276 496 1,000 - 1,000 194 806 NEW EMPLOYEES 4,396 111 - - - - - RANGE SUPPLIES 1,794 278 1,000 - 1,000 - 1,000 FIRST AID KITS 1,482 - 500 - 500 - 500 ALCO SENSOR MOUTH PIECES 675 - 200 - 200 - 200 ID CARDS AND SETUP FEE 1,198 214 1,000 - 1,000 761 239 JAIL SUPPLIES 765 1,260 2,000 - 2,000 413 1,587 CRIME SCENE SUPPLIES - 1,353 1,500 - 1,500 - 1,500 CRIME PREVENTION - 3,140 2,000 - 2,000 - 2,000 Total: General Supplies 40,862 30,715 32,200 - 32,200 11,290 20,910 GASOLINE/DIESEL 133,675 105,493 114,987 - 114,987 34,478 80,509 FOOD/MEALS 1,318 1,061 1,500 - 1,500 662 838 CRIME PREVENTION - 175 750 - 750 109 641 BOOK & PERIODICALS 857 1,596 1,000 - 1,000 - 1,000 UNIFORMS 40,423 40,474 36,550 - 36,550 9,486 27,064 AWARDS AND RECOGNITION 276 313 2,000 - 2,000 87 1,913 BODY ARMOR 10,435 8,640 13,320 - 13,320 3,695 9,625 CRIME PREVENTION - 1,136 1,000 - 1,000 540 460 Total: Supplies/Uniforms 51,134 50,563 52,870 - 52,870 13,809 39,061 Total: Supplies 227,845 189,602 203,307 - 203,307 60,348 142,959 Machinery & Equipment FURNITURE & FIXTURES 2,735 3,138 2,000 - 2,000 - 2,000 COMPUTER / SOFTWARE - 8,495 4,797 - 4,797 4,797 0 OTHER EQUIPMENT - - - - - - - CRIME PREVENTION MATERIALS 9,857 3,351 10,000 - 10,000 743 9,257 ICOP STORAGE 565 84 750 - 750 - 750 TRAINING AIDS 300 1,286 500 - 500 - 500 FIRE EXTINGUISHERS 703 - 250 - 250 - 250 TICKET PRINTERS 960 1,411 4,000 - 4,000 - 4,000 SWAT 187 - 7,500 - 7,500 1,965 5,535 PATROL EQUIPMENT 39,724 10,370 6,500 - 6,500 264 6,236 LASERS 1,913 - - - - - - VEHICLE EQUIPMENT 1,670 7,644 - - - - - ACTIVE SHOOTER KITS 18,720 - - - - - - CELL PHONES 159 873 500 - 500 175 325 WEAPONRY 15,060 13,199 10,000 - 10,000 490 9,510 CAMERAS 15,440 - - - - - - MOTOROLA RADIOS 15,906 162,469 5,000 - 5,000 (175) 5,175 Total: Other Equipment 121,163 200,686 45,000 - 45,000 3,463 41,537 OTHER EQUIPMENT/INVESTIGATIONS CRIME SCENE EQUIP -CID - 2,796 4,000 - 4,000 2,137 1,863 Total: Other Equipment/Investigations - 2,796 4,000 - 4,000 2,137 1,863 Total: Machinery & Equipment 123,897 215,115 55,797 - 55,797 10,396 45,401 Total: Police 3,686,436 3,915,311 4,430,315 (37,808) 4,392,507 1,931,275 2,461,233 Police Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) FY 2017 Unaudited Actuals FY 2016 FY 2015 Actuals BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. Vehicle Repairs & Maintenance 7,507 Total Increase 7,507$ DECREASE 1. Salaries & Wages/Regular Employees (12,444) 2. Salaries & Wages/Overtime (12,535) 3. Salaries & Wages/Holiday Pay (8,600) 4. Employee Benefits (11,736) Total Decrease (45,315)$ (37,808)$ Two adjustments make up the overall decrease to this account: -HIDTA OT reimbursement = $1,374 -OT overage = ($13,909) TOTAL BUDGET AMENDMENTS Amendment Reason Increased to account for insurance proceeds received for damaged vehicles This represents several adjustments that ultimately resulted in a decrease to appropriations as outlined below: -Account for vacancies = ($59,215) -Market adjustment = $94,993 -Career development overage = ($53,672) -Vacation buyback overage = ($4,426) -Vacation payout for retirement of 1 employee = $9,876 We are proposing a decrease in this line to reflect the changes in holiday pay that were recently approved as a part of the compensation and benefits revisions The decreases here are directly affected by the revisions to the salaries and wages Fire Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) Salaries & Wages REGULAR EMPLOYEES 3,241,823 3,290,686 3,609,291 99,969 3,709,260 1,688,760 2,020,500 OVERTIME 56,187 134,531 91,754 - 91,754 67,337 24,417 ON-CALL PAY 4,541 4,878 5,304 - 5,304 3,284 2,020 HOLIDAY PAY 194,472 191,286 210,000 (15,500) 194,500 145,454 49,046 Total: Salaries & Wages 3,497,024 3,621,381 3,916,349 84,469 4,000,818 1,904,834 2,095,984 Employee Benefits GROUP INSURANCE 586,616 615,414 - - - - - MEDICAL INSURANCE - - 630,788 - 630,788 304,916 325,872 DENTAL INSURANCE - - 50,282 - 50,282 26,919 23,363 VISION INSURANCE - - 11,780 - 11,780 6,598 5,182 LIFE INSURANCE - - 18,563 441 19,004 9,089 9,915 AD&D INSURANCE - - 512 - 512 251 261 SHORT TERM DISABILITY - - 4,092 - 4,092 1,585 2,507 LONG TERM DISABILITY - - 14,111 - 14,111 6,965 7,146 401A (SS MATCH) 133,200 140,788 141,346 5,237 146,583 76,081 70,502 FICA MEDICARE 48,478 49,896 51,591 1,225 52,816 26,327 26,489 401A ER MATCH OF 457B CONTRIBUTIONS 34,377 48,435 74,987 10,136 85,123 31,062 54,061 PENSION (GMEBS) 310,744 325,188 283,732 7,602 291,334 86,300 205,034 TUITION REIMBURSEMENT 10,001 21,902 25,200 - 25,200 5,853 19,347 UNEMPLOYMENT INSURANCE 3,087 3,239 3,100 - 3,100 2,832 268 WORKER'S COMPENSATION 76,880 85,895 107,438 2,584 110,022 65,987 44,035 FLEXIBLE SPENDING 22,050 13,125 60,078 - 60,078 12,600 47,478 Total: Employee Benefits 1,225,433 1,303,882 1,477,600 27,225 1,504,825 663,365 841,460 Purchased Professional and Technical Services PROFESSIONAL FEES - 175 - - - - - HEALTH & WELLNESS PROGRAM 16,703 18,295 17,700 - 17,700 16,870 830 TLAER TRAINING INSTRUCTOR 1,500 1,500 3,000 - 3,000 - 3,000 MEDICAL DIRECTION 20,000 20,000 20,731 - 20,731 5,731 15,000 BIO HAZARD WASTE DISPOSAL 1,482 1,047 1,500 - 1,500 476 1,024 ARSON INVESTIGATION/LAB FEES - 1,355 1,500 - 1,500 - 1,500 EMPLOYMENT BACKGROUND CHECKS - - 182 - 182 182 0 Total: Professional Fees 39,685 42,372 44,613 - 44,613 23,258 21,355 GARBAGE PICKUP 7,489 8,921 10,008 - 10,008 4,785 5,223 EQUIPMENT REPAIR & MAINT STATION EQUIPMENT R & M 7,684 7,191 29,521 - 29,521 9,350 20,171 BREATHING APPARATUS TESTING/REPAIR 5,937 7,746 7,627 - 7,627 988 6,639 INSPECT/REPAIR HYD. RESCUE TOOLS 1,565 - 8,220 - 8,220 - 8,220 APPARATUS R&M INCLUDING PUMP TEST 76,175 56,302 107,710 10,149 117,859 45,301 72,559 GAS DETECTOR REPAIR 1,887 - 2,465 - 2,465 - 2,465 NOZZLES, VALVES, APPLIANCES, HOSE 7,085 8,797 15,281 - 15,281 9,441 5,840 ANNUAL HYDRANT MAINTENANCE 3,316 2,580 2,524 - 2,524 1,380 1,144 LADDER TESTING 1,539 1,319 2,600 - 2,600 - 2,600 THERMAL IMAGING CAMERA MAINTENANCE 448 - 1,600 - 1,600 - 1,600 Total: Equipment Repair & Maintenance 105,637 83,935 177,548 10,149 187,697 66,460 121,238 FACILITY REPAIR & MAINT 17,750 9,926 7,680 - 7,680 1,561 6,119 VEHICLE REPAIR & MAINT (37) - - - - - - GROUNDS REPAIR & MAINT 363 34,222 30,000 - 30,000 8,329 21,671 Total: Purchased Professional and Technical Services 170,887 179,376 269,849 10,149 279,998 104,393 175,605 Purchased-Property Services RENTAL LAND & BUILDINGS 5,246 - - - - - - STATION 43 LEASE 145,741 - - - - - - AWARDS BANQUET - 4,015 3,200 600 3,800 2,698 1,102 Total: Rental Land & Buildings 150,987 4,015 3,200 600 3,800 2,698 1,102 Total: Purchased-Property Services 150,987 4,015 3,200 600 3,800 2,698 1,102 Other Purchased Services COMMUNICATIONS 15,690 16,240 16,292 - 16,292 9,239 7,053 POSTAGE 418 155 1,000 - 1,000 20 980 PRINTING 461 320 800 - 800 48 752 FY 2017 Unaudited Actuals FY 2016 FY 2015 Actuals Fire Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) FY 2017 Unaudited Actuals FY 2016 FY 2015 Actuals TRAVEL 1,797 622 100 - 100 40 60 GA FIRE CHIEF'S CONFERENCE - 498 720 - 720 - 720 INTERNATIONAL ASSOC OF FIRE CHIEFS 79 440 3,828 - 3,828 - 3,828 SOUTHEASTERN FIRE CHIEFS ASSOC - - 1,250 - 1,250 - 1,250 FDIC 2,536 5,553 4,470 - 4,470 - 4,470 GA EMS & EDUCATORS CONFERENCE 549 1,299 1,000 - 1,000 - 1,000 ARSON SEMINAR 198 419 1,170 - 1,170 - 1,170 FIRE INSPECTOR SYMPOSIUM - 103 270 - 270 - 270 NFA EXECUTIVE FIRE OFFICER PROGRAM 601 585 325 - 325 - 325 Total: Travel 5,909 9,518 13,133 - 13,133 40 13,093 DUES AND FEES 246 99 - - - 37 (37) PROFESSIONAL LICENSE RENEWALS 63 - - - - - - SUBSCRIPTIONS 102 100 210 - 210 - 210 NATIONAL REGISTRY 178 145 200 - 200 20 180 GA STATE EMS RECERTIFICATION - - 4,500 - 4,500 2,550 1,950 INTERNATIONAL ASSOC OF EMERG MGT 185 185 190 - 190 190 - INTERNATIONAL ASSOC OF FIRE CHIEFS 888 1,448 2,065 - 2,065 - 2,065 NATIONAL FIRE PROTECTION AGENCY 1,276 1,583 1,600 - 1,600 1,521 80 GA ASSOC OF FIRE CHIEFS 375 413 700 - 700 - 700 CPSE CFO RECERTIFICATION 700 - 375 - 375 - 375 GEORGIA FIRE INVESTIGATOR ASSOCIATION 105 80 100 - 100 25 75 ADVANCED CARDIOVASCULAR LIFE SUPPORT - 216 252 - 252 252 - PEDIATRIC ADVANCED LIFE SUPPORT 420 300 450 - 450 240 210 PREHOSPITAL TRAMA LIFE SUPPORT 623 270 270 - 270 - 270 ADVANCED MEDICAL LIFE SUPPORT 375 320 225 - 225 - 225 EMERGENCY PEDIATRIC CARE - - 225 - 225 - 225 ALTERNATE FUEL HWY IMPACT FEE - 667 800 - 800 650 150 Total: Dues & Fees 5,535 5,825 12,162 - 12,162 5,485 6,678 EDUCATION & TRAINING 6,988 1,090 2,850 (880) 1,970 1,820 150 PROFESSIONAL DEVELOPMENT 434 811 2,250 - 2,250 410 1,840 MGMT PROFESSIONAL DEV - 1,154 - - - - - GA FIRE CHIEF'S CONFERENCE - 225 300 - 300 - 300 INTERNATIONAL ASSOC OF FIRE CHIEFS 1,625 - 1,845 - 1,845 - 1,845 SOUTHEASTERN FIRE CHIEFS ASSOC - - 300 - 300 - 300 FDIC 1,190 2,180 1,635 - 1,635 - 1,635 GA EMS & EDUCATORS CONFERENCE - 260 200 - 200 - 200 ARSON SEMINAR - - 150 - 150 - 150 FIRE INSPECTOR SYMPOSIUM - - 300 - 300 - 300 IN-HOUSE PARAMEDIC CLASS - - 30,210 - 30,210 24,000 6,210 Total: Education & Training 10,237 5,720 40,040 (880) 39,160 26,230 12,930 MAINTENANCE CONTRACTS 800 MHZ FEES TO FULTON COUNTY 3,871 804 81,000 - 81,000 38,479 42,521 PEST CONTROL - FIRE STATIONS 1,678 1,248 1,698 - 1,698 218 1,481 FIRE EXTINGUISHER INSPECT. 1,839 2,469 3,000 - 3,000 1,806 1,194 CODE RED MAINTENANCE 12,000 12,000 12,000 - 12,000 12,000 - LIFEPAK MAINTENANCE 3,939 10,123 7,901 - 7,901 7,901 0 FUEL MASTER - - 815 - 815 58 757 Total: Maintenance Contracts 23,326 26,643 106,414 - 106,414 60,462 45,952 Total: Other Purchased Services 61,576 64,421 189,841 (880) 188,961 101,524 87,437 Supplies GENERAL SUPPLIES/SUPPRESSION 16,137 13,060 15,424 - 15,424 6,181 9,243 OXYGEN REFILLS 746 1,016 2,508 - 2,508 142 2,366 MEDICAL SUPPLIES 22,482 17,656 18,000 - 18,000 8,822 9,178 Total: General Supplies/Suppression 39,365 31,732 35,932 - 35,932 15,145 20,787 GENERAL SUPPLIES/PREVENTION 117 - - - - - - PREVENT. & EDU MAT. 3,644 2,966 2,500 - 2,500 1,099 1,402 HEART READY CITY PGR 2,398 3,032 5,461 - 5,461 718 4,743 Total: General Supplies/Prevention 6,159 5,999 7,961 - 7,961 1,816 6,145 WATER / SEWAGE 1,752 4,151 6,220 - 6,220 1,249 4,971 Fire Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) FY 2017 Unaudited Actuals FY 2016 FY 2015 Actuals NATURAL GAS 11,990 11,547 14,496 - 14,496 4,587 9,909 ELECTRICITY 24,422 22,315 18,000 - 18,000 10,570 7,430 GASOLINE/DIESEL 29,848 28,278 42,000 - 42,000 17,240 24,760 FOOD/MEALS 633 594 800 - 800 223 577 BOOKS & PERIODICALS/TRAINING MATERIALS 1,947 1,274 9,640 - 9,640 9,651 (11) TELECOMMUNICATIONS 3,537 3,660 4,140 - 4,140 2,014 2,126 UNIFORMS - FIRE STANDARD UNIFORMS 27,151 28,314 38,985 - 38,985 6,866 32,119 TURN OUT GEAR 34,258 11,075 75,020 - 75,020 25,725 49,295 CLASS A UNIFORMS - 11,231 9,750 - 9,750 2,536 7,214 Total: Uniforms 61,409 50,621 123,755 - 123,755 35,127 88,628 Total: Supplies 181,062 160,169 262,944 - 262,944 97,622 165,322 Machinery & Equipment MACHINERY & EQUIPMENT / MACHINERY 824 49 700 - 700 - 700 FURNITURE & FIXTURES / PREVENTION 10,149 7,352 4,375 - 4,375 1,980 2,395 OTHER EQUIPMENT 30,553 5,578 - - - - - SMALL EQUIPMENT 3,159 15,836 21,486 - 21,486 10,572 10,914 EMS TRAINING AIDS 1,524 1,958 - - - - - RADIO CHARGERS & SPARE BATTERIES 4,486 659 3,768 - 3,768 - 3,768 CELL PHONES - 174 1,200 - 1,200 24 1,176 MOTOROLA RADIOS 5,616 107,849 45,862 - 45,862 16,858 29,004 Total: Other Equipment 45,338 132,054 72,316 - 72,316 27,455 44,861 Total: Machinery & Equipment 56,311 139,456 77,391 - 77,391 29,435 47,956 STATION 43 CAPITAL LEASE PRINCIPAL - 152,767 305,038 - 305,038 305,038 0 STATION 43 CAPITAL LEASE INTEREST - 68,177 56,943 - 56,943 56,942 1 Total: Debt Service - 220,944 361,981 - 361,981 361,979 2 Total: Fire 5,343,279 5,693,645 6,559,155 121,563 6,680,718 3,265,851 3,414,868 BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. Salaries & Wages/Regular Employees 99,969 2. Employee Benefits 27,225 3. Apparatus Repair & Maintenance 10,149 4. Awards Banquet 600 Total Increase 137,943$ DECREASE 1. Salaries & Wages/Holiday Pay (15,500) 2. Education and Training (880) Total Decrease (16,380)$ 121,563$ Transfer funds to IT to cover the increased maintenance costs for TargetSolutions TOTAL BUDGET AMENDMENTS Amendment Reason Increased to account for insurance proceeds received for damaged vehicles Increased to account for donations received for the awards banquet We are proposing a decrease in this line to reflect the changes in holiday pay that were recently approved as a part of the compensation and benefits revisions This represents several adjustments that ultimately resulted in an increase to appropriations as outlined below: -Vacancies in department = ($17,299) -Market Adjustment = $114,185 -Career Development overage = ($33,300) -PTO Buyback overage = ($2,167) -Vacation Payout @ retirement for 4 employees = $38,550 The increases here are directly affected by the revisions to the salaries and wages Parks and Recreation Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 149,689 166,360 189,365 - 189,365 77,427 111,938 Total: Salaries & Wages 149,689 166,360 189,365 - 189,365 77,427 111,938 Employee Benefits GROUP INSURANCE 20,802 25,524 - - - - - MEDICAL INSURANCE - - 20,348 - 20,348 14,511 5,837 DENTAL INSURANCE - - 1,622 - 1,622 1,171 451 VISION INSURANCE - - 380 - 380 286 94 LIFE INSURANCE - - 801 - 801 400 401 AD&D INSURANCE - - 22 - 22 11 11 SHORT TERM DISABILITY - - 132 - 132 54 78 LONG TERM DISABILITY - - 597 - 597 307 290 401A (SS MATCH) 5,613 7,409 8,393 - 8,393 3,628 4,765 FICA MEDICARE 2,070 2,197 2,618 - 2,618 1,018 1,600 401A ER MATCH OF 457B CONTRIBUTIONS - 6,068 9,133 - 9,133 4,019 5,114 PENSION (GMEBS) 11,586 8,805 8,485 - 8,485 4,496 3,989 UNEMPLOYMENT INSURANCE 263 249 500 - 500 93 407 WORKER'S COMPENSATION 3,630 4,405 4,720 - 4,720 2,989 1,731 FLEXIBLE SPENDING - 1,125 1,938 - 1,938 1,500 438 Total: Employee Benefits 43,963 55,781 59,689 - 59,689 34,483 25,206 Purchased Professional and Technical Services PROFESSIONAL FEES 5,901 10,487 19,525 - 19,525 2,969 16,556 CONTRACTED PARK MOWING & LITTER PICKUP 164,101 264,181 445,000 - 445,000 139,423 305,577 Total: Professional Fees/Contracted 164,101 264,181 445,000 - 445,000 139,423 305,577 FACILITY REPAIR & MAINT 10,245 13,391 45,000 - 45,000 2,647 42,353 LIGHTING MAINTENANCE 302 497 500 - 500 941 (441) Total: Facility Repair & Maintenance 10,547 13,889 45,500 - 45,500 3,587 41,913 VEHICLE REPAIR & MAINT - 1,520 1,785 - 1,785 1,112 673 GROUNDS REPAIR & MAINT 54,865 23,093 95,000 - 95,000 53,667 41,333 Total: Purchased Professional and Technical Services 235,414 313,169 606,810 - 606,810 200,758 406,052 Purchased-Property Services RENTAL LAND & BUILDINGS 7,500 - - - - - - FCBOE LEASE 10,604 26,006 38,000 - 38,000 - 38,000 Total: Rental Land & Buildings 18,104 26,006 38,000 - 38,000 - 38,000 RENTAL EQUIPMENT & VEHICLES 8,380 8,973 12,550 - 12,550 - 12,550 Total: Purchased-Property Services 26,484 34,978 50,550 - 50,550 - 50,550 Other Purchased Services COMMUNICATIONS 1,172 1,270 1,476 - 1,476 861 615 BROADWELL PAVILION 191 - - - - - - Total: Communications 1,363 1,270 1,476 - 1,476 861 615 POSTAGE 70 6 50 - 50 27 23 ADVERTISING 432 - - - - - - PRINTING 48 65 300 - 300 240 60 TRAVEL: Nat'l GRPA, Meals & Mileage 593 658 2,593 - 2,593 2,972 (379) DUES AND FEES: GRPA Dues 644 735 1,500 - 1,500 610 890 ADMISSION FEES - 1,608 - 2,400 2,400 - 2,400 EDUCATION & TRAINING: Nat'l RPA 736 400 2,100 - 2,100 1,800 300 CONTRACT LABOR: For programs & activities 4,350 4,940 5,200 - 5,200 - 5,200 IGA-ALPHARETTA PARKS & REC 326,458 435,916 362,607 - 362,607 362,607 1 PEST CONTROL-P&R FACILITIES - 2,330 3,000 - 3,000 878 2,123 REC1 - - 900 - 900 300 600 PORTABLE TOILET RENTAL 3,118 1,625 2,520 - 2,520 1,394 1,126 Total: Other Purchased Services 337,812 449,554 382,246 2,400 384,646 371,688 12,958 Supplies GENERAL SUPPLIES 8,631 21,357 20,000 - 20,000 20,319 (319) WATER/SEWERAGE 30,424 34,168 70,000 - 70,000 1,455 68,545 NATURAL GAS 961 1,406 2,300 - 2,300 842 1,458 ELECTRICITY 4,994 31,232 47,400 - 47,400 17,326 30,074 FY 2017 Unaudited Actuals FY 2016 FY 2015 Actuals Parks and Recreation Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) FY 2017 Unaudited Actuals FY 2016 FY 2015 Actuals GASOLINE 492 448 500 - 500 147 353 FOOD/MEALS 645 1,892 500 - 500 237 263 UNIFORMS - 272 - - - (7) 7 Total: Supplies 46,147 90,776 140,700 - 140,700 40,320 100,380 Machinery & Equipment FURNITURE & FIXTURES - 120 1,000 - 1,000 21 979 FURNITURE & FIXTURES - 8,015 - - - - - Total Machinery & Equipment - 8,135 1,000 - 1,000 21 979 Total: Parks & Recreation 839,510 1,118,753 1,430,360 2,400 1,432,760 724,697 708,063 BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. Dues & Fees/Admission Fees 2,400 Total Increase 2,400$ 2,400$ TOTAL BUDGET AMENDMENTS Amendment Reason Increase to account for donations received for Joyful Soles Debt Service Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) Debt Service - Principal BOND PRINCIPAL - - 592,000 - 592,000 592,000 - CAPITAL LEASE PRINCIPAL 174,340 - - - - - - Total: Debt Service - Principal 174,340 - 592,000 - 592,000 592,000 - Debt Service - Interest BOND INTEREST - - 126,112 134,400 260,512 134,400 126,112 CAPITAL LEASE INTEREST 80,282 - - - - - - Total: Debt Service - Interest 80,282 - 126,112 134,400 260,512 134,400 126,112 Total: Debt Service 254,622 - 718,112 134,400 852,512 726,400 126,112 BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. Bond Interest 134,400 Total Increase 134,400$ 134,400$ FY 2017 Unaudited Actuals FY 2016 FY 2015 Actuals Amendment Reason Increased to cover additional interest payment on the revenue bond that was not in the original FY17 budget request TOTAL BUDGET AMENDMENTS Other Financing Uses Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) Operating Transfers Out TO CAPITAL PROJECTS FUND 4,419,133 18,882,220 5,993,380 (77,412) 5,915,968 2,996,690 2,919,278 TO CAPITAL GRANT FUND 600,180 911,202 - - - - - TO CAPITAL PROJECTS FUND-REVENUE BOND 6,258,569 2,825,653 - - - - - TO SPECIAL EVENTS - - 10,550 - 10,550 5,275 5,275 Total: Operating Transfers Out 11,277,882 22,619,075 6,003,930 (77,412) 5,926,518 3,001,965 2,924,553 Total: Other Financing Uses 11,277,882 22,619,075 6,003,930 (77,412) 5,926,518 3,001,965 2,924,553 BUDGET AMENDMENT NOTES Account Name Amount DECREASE 1. Operating Transfers Out to Capital Projects Fund (134,400) Total Decrease (134,400)$ (134,400)$ Amendment Reason Since we are moving the cell tower lease revenues to the Capital Projects Fund, we are reducing the Operating Transfers. TOTAL BUDGET AMENDMENTS FY 2017 Unaudited Actuals FY 2016 FY 2015 Actuals Other Costs Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) Contingencies CONTINGENCY - - 212,228 (134,400) 77,828 - 77,828 Total: Contingencies - - 212,228 (134,400) 77,828 - 77,828 Total: Other Costs - - 212,228 (134,400) 77,828 - 77,828 BUDGET AMENDMENT NOTES Account Name Amount DECREASE 1. Contingency (134,400) Total Decrease (134,400)$ (134,400)$ FY 2017 Unaudited Actuals FY 2016 FY 2015 Actuals Amendment Reason Decreased to cover additional interest payment on the revenue bond that was not in the original FY17 budget request TOTAL BUDGET AMENDMENTS CAPITAL PROJECTS FUND The Capital Projects Fund is used to track revenues and expenditures associated with capital construction, acquisition and maintenance. Appropriations in Capital Projects Fund are on a project- length basis and do not expire until the project is complete. According to the City’s budgetary policies, a major capital project generally is defined as an expenditure that has an expected useful life of more than 3 years with an estimated total cost of $50,000 or more, or an improvement/addition to an existing capital asset. (Refer to the following pages.) Capital Projects Fund Revenues Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) INFRASTRUCTURE MAINTENANCE FEES 95,529 110,713 95,000 - 95,000 27,460 67,540 PENALTIES & INTEREST/OTHER 844 - - - - - - INFRASTRUCTURE MAINTENANCE P&I - 1,397 - - - 25 (25) SIDEWALK REPLACEMENT 82,429 10,488 - - - - - TRAFFIC CALMING 1,329 - - - - - - TREE RECOMPENSE 147,000 94,000 - 17,000 17,000 17,000 - LANDFILL USE FEES 152,410 106,274 140,000 - 140,000 30,317 109,683 INTEREST REVENUE 409 835 - - - 46 (46) DONATION/PARKS & RECREATION 100,000 - - - - - - CELL TOWER LEASE - - - 77,412 77,412 43,848 33,564 INSURANCE PROCEEDS 10,225 - - - - - - INSURANCE PROCEEDS/PARKS & REC - 14,399 - - - - - OTHER MISCELLANEOUS REVENUE 4,921 - - - - - - OTHER MISC REV/ATLANTA HIDTA STIPEND - 6,000 - 3,000 3,000 3,000 - OPERATING TRANSFERS IN FROM GENERAL FUND 4,419,133 18,882,220 5,993,380 (77,412) 5,915,968 2,996,690 2,919,278 OPERATING TRANSFERS IN FROM CAPITAL GRANT FUND - 48,666 100,000 - 100,000 50,000 50,000 OPERATING TRANSFERS IN FROM E-911 FUND 400,000 - - - - - - OPERATING TRANSFERS IN FROM IMPACT FEE FUND/LAW ENFORCEMENT - 15,750 15,557 - 15,557 - 15,557 OPERATING TRANSFERS IN FROM IMPACT FEE FUND/FIRE - 90,252 89,145 - 89,145 - 89,145 OPERATING TRANSFERS IN FROM IMPACT FEE FUND/ROAD - 112,632 111,251 - 111,251 - 111,251 OPERATING TRANSFERS IN FROM IMPACT FEE FUND/PARK - 671,394 668,123 - 668,123 - 668,123 PROCEEDS OF SALE OF ASSETS - - - - - - - Total Revenue 5,414,229 20,165,019 7,212,456 20,000 7,232,456 3,168,386 4,064,070 Expenditures Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) Mayor & Council LAND CONSERVATION 375,158 1,000 809,069 - 809,069 4,890 804,179 GREEN SPACE BOND INITIATIVE - 2,480 197,520 - 197,520 42,647 154,873 Mayor & Council Total 375,158 3,480 1,006,589 - 1,006,589 47,537 959,052 General Admin VEHICLES / REPLACEMENT RESERVE 19,414 - 13,762 - 13,762 - 13,762 General Admin Total 19,414 - 13,762 - 13,762 - 13,762 Finance COMPUTER / SOFTWARE 15,654 - - - - - - Finance Total 15,654 - - - - - - Information Technology SOFTWARE - - 200,000 - 200,000 - 200,000 COMPUTER REFRESH - - 18,600 - 18,600 18,599 1 Information Technology Total - - 218,600 - 218,600 18,599 200,001 General Government Buildings CITY HALL - 6,575,677 5,021,494 30,000 5,051,494 3,640,284 1,411,210 SR9 COURT/FIRE/POLICE COMPLEX - - - 800,000 800,000 - 800,000 General Government Buildings Total - 6,575,677 5,021,494 830,000 5,851,494 3,640,284 2,211,210 Municipal Court FACILITY RENOVATIONS - 1,700 (1,700) 1,700 - - - Municipal Court Total - 1,700 (1,700) 1,700 - - - Police PUBLIC SAFETY COMMUNICATIONS 1,654,794 23,208 269,865 - 269,865 226,240 43,625 VEHICLES / REPLACEMENT RESERVE 242,020 144,055 208,474 3,000 211,474 155,738 55,736 AUTOMATED LICENSE PLATE READERS - 20,000 - - - - - POLICE FACILITY - - 800,000 (800,000) - - - Police Total 1,896,814 187,263 1,278,339 (797,000) 481,339 381,978 99,361 FY 2015 Actuals FY 2015 Actuals FY 2017 FY 2017 Unaudited Actuals FY 2016 Unaudited Actuals FY 2016 Capital Projects Fund Expenditures Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) Fire STATION REPAIR/ROOF REPLACEMENT STATION 42 - - 10,000 - 10,000 - 10,000 STATION 43 PARKING LOT REPAIR - 74,853 38,791 - 38,791 - 38,791 STATION 42 REPLACEMENT 6,000 - - - - - - STATION 41 GENERATOR REPLACEMENT 38,189 - - - - - - FUEL MANAGEMENT SYSTEM 29,822 - 3,178 - 3,178 - 3,178 VEHICLE REPLACEMENT RESERVE 104,368 1,018,394 1,001,693 - 1,001,693 - 1,001,693 AED UNITS 27,435 1,650 17,133 - 17,133 910 16,223 MASS NOTIFICATION SIRENS 8,925 3,515 74,805 - 74,805 1,800 73,005 FIRE SAFETY HOUSE - - - - - - - LIVE FIRE TRAINING FACILITY 12,075 8,110 529,815 - 529,815 - 529,815 Fire Total 236,539 1,106,522 1,675,415 - 1,675,415 2,710 1,672,705 Public Works CONSTRUCTION INSPECTORS - - 78,688 - 78,688 - 78,688 TRANSPORTATION MASTER PLAN UPDATE 47,064 178,080 - - - - - GRAVEL ROADS MAINTENANCE 70,457 72,888 174,039 - 174,039 55,632 118,407 STORMWATER MAINTENANCE 282,047 296,663 280,181 - 280,181 2,338 277,844 NPDES PERMIT COMPLIANCE 1,109 350 357,391 - 357,391 724 356,667 PAVEMENT MANAGEMENT 1,178,706 2,016,431 2,244,499 - 2,244,499 40,903 2,203,596 STORAGE BUILDING & YARD CONSTRUCTION - - 244,622 - 244,622 285 244,337 INFRASTRUCTURE / TRAFFIC CALMING 2,659 - 100,904 - 100,904 - 100,904 INFRASTRUCTURE / RESTRIPING - 70,940 111,012 - 111,012 - 111,012 REPLACE SCHOOL ZONE FLASHERS 53,820 - - - - - - INFRASTRUCTURE / BRIDGE REPLACEMENT 76,655 10,840 950,643 - 950,643 - 950,643 INFRASTRUCTURE / SIDEWALKS 22,089 418,801 1,010,427 - 1,010,427 2,562 1,007,865 BETHANY@COGBURN RD INTERSECTION IMPROVMTS - - - - - - - HOPEWELL/FRANCIS/COGBURN INTERSECTION 5,804 - 13,148 - 13,148 - 13,148 HOPEWELL @ BIRMINGHAM INTERSECTION IMPROVMTS 254,259 1,135,336 201,153 - 201,153 (52,844)253,997 INTERSECTION/HOPEWELL @ BETHANY BND/BETHANY WAY - 22,731 229,352 - 229,352 - 229,352 INTERSECTION/FREEMANVILLE @ PROVIDENCE & B'HAM 2,663 536 1,646,718 - 1,646,718 35,275 1,611,443 INFRASTRUCTURE/CRABAPPLE NE CONNECTOR - - 50,000 - 50,000 - 50,000 INTERSECTION/WEBB RD TURN LANES 7,000 172,500 5,500 - 5,500 - 5,500 GREEN RD PEDESTRIAN LIGHTING 75,149 - - - - - - VEHICLES / NEW VEHICLES 66,176 4,684 49,543 - 49,543 - 49,543 ASSET MANAGEMENT SOFTWARE - 4,800 55,200 - 55,200 - 55,200 OTHER EQUIPMENT 11,000 13,858 - - - - - NORTH FULTON TRANSPORTATION PLAN - 24,000 - - - - - Public Works Total 2,156,657 4,443,437 7,803,020 - 7,803,020 84,874 7,718,146 Parks & Recreation PROF FEEES/PARKS & REC 15 YEAR COMP PLAN - - 75,000 - 75,000 - 75,000 PROF FEES/STRUCTURE DEMOLITION - 27,600 - - - - - NORTHWESTERN MIDDLE IGA IMPROVEMENTS 186,462 11,998 - - - - - PROVIDENCE PARK 24,445 3,500 310,110 - 310,110 49,235 260,875 BYRD HOUSE RENOVATIONS 438,859 14,972 63,497 - 63,497 44,139 19,358 BROADWELL PARK PAVILION 531,350 - 50,000 - 50,000 51,765 (1,765) PARK & TRAIL EXPANSION 34,809 - 3,161,246 - 3,161,246 10,000 3,151,246 UTILITY VEHICLE - 12,140 2,862 - 2,862 - 2,862 NEW VEHICLES 26,921 - - - - - - Parks & Recreation Total 1,242,846 70,210 3,662,715 - 3,662,715 155,138 3,507,577 Community Development PROFESSIONAL FEES - - 28,500 - 28,500 8,000 20,500 DOWNTOWN MILTON MASTER PLAN - 63,792 16,208 - 16,208 5,343 10,866 FORM BASED CODE/TDR ORDINANCE 29,220 - - - - - - GATEWAY SIGNAGE & HISTORIC MARKERS 4,175 8,904 184,771 (30,000) 154,771 3,450 151,321 UNIFIED DEVELOPMENT CODE - - 171,500 - 171,500 - 171,500 SITE IMPROVEMENT/TREE RECOMPENSE 94,838 30,743 223,774 17,000 240,774 1,246 239,528 Community Development Total 128,233 103,439 624,753 (13,000) 611,753 18,039 593,715 Unallocated TRANSFER TO THE GENERAL FUND - - 243,000 - 243,000 121,500 121,500 Unallocated Total - - 243,000 - 243,000 121,500 121,500 Total Expenditures 6,071,314 12,491,729 21,545,987 21,700 21,567,687 4,470,659 17,097,029 FY 2015 Actuals FY 2017 Unaudited Actuals FY 2016 Capital Projects Fund Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) TOTAL REVENUES OVER/(UNDER) EXPENDITURES (657,085) 7,673,289 (14,333,531) (1,700) (14,335,231) (1,302,272) (13,032,959) BEGINNING FUND BALANCE 7,881,578 7,224,493 14,897,782 14,897,782 14,897,782 14,897,782 14,897,782 ENDING FUND BALANCE 7,224,493 14,897,782 564,251 14,896,082 562,551 13,595,510 1,864,823 BUDGET AMENDMENT NOTES Account Name REVENUES 1. Tree Recompense 17,000 2. Cell Tower Lease 77,412 3. Other Misc Revenue/Atlanta HIDTA Stipend 3,000 4. Operating Transfers In From General Fund (77,412) 20,000$ EXPENDITURES 1. General Govt Bldgs/City Hall 30,000 2. General Govt Bldgs/SR9 Court/Fire/Police Complex 800,000 3. Municipal Court/Facility Renovations 1,700 3. Police/Vehicle Replacement Reserve 3,000 4. Police/Police Facility (800,000) 5. Community Development/Gateway Signage & Historic Markers (30,000) 2. Community Development/Tree Recompense 17,000 21,700$ 21,700$ FY 2015 Actuals Unaudited Actuals FY 2016 FY 2017 Increasing appropriations because during the FY17 budget process, more funds than were available were removed from the rollover budget balance from FY16 Moving the appropriations out of the Police department and into the General Govt Bldgs department Transferring appropriations from Signage account to cover City Hall signs Transfer reduced to account for cell tower lease payments budget being moved from the general fund to the capital projects fund Increased to reflect $500/mth for vehicle stipend for HIDTA officer Moving appropriations for cell tower lease revenues from the General Fund to the Capital Projects Fund Amendment Reason Increased to account for funds received. The offset is the Tree Recompense expenditure account. TOTAL BUDGET AMENDMENTS Increased to account for tree recompense funds collected Transferring appropriations from Signage account to cover City Hall signs Moving the appropriations out of the Police department and into the General Govt Bldgs department Increased to account for the vehicle stipend from Atlanta HIDTA CAPITAL GRANT FUND The Capital Grant Fund is considered to be a capital project fund that accounts for capital grants used to finance major capital projects. Revenues Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) FED GOV GRANT/CAPITAL/IND/GDOT CRABAPPLE STREETSCAPE - - 500,000 - 500,000 - 500,000 FED GOV GRANT/CAPITAL/IND/GDOT TAP (BIG CREEK) 41,891 96,732 50,000 - 50,000 50,000 - FED GOV GRANT/CDBG - 32,619 9,340 - 9,340 - 9,340 STATE GOV GRANT/LMIG FUNDS 278,684 280,076 200,000 169,450 369,450 369,450 (0) STATE GOV GRANT/GDOT HPP FUNDS 614,695 2,201,468 3,736,940 - 3,736,940 - 3,736,940 STATE GOV GRANT/MARTA GRANT 102,705 2,788 71,863 - 71,863 71,861 2 STATE GOV GRANT/SR 9 @ BETHANY BND 16,854 - 872 - 872 - 872 STATE GOV GRANT/GDOT LANDSCAPE - - 4,062 - 4,062 - 4,062 LOCL GOV GRANT/ALPHARETTA & NORTH FULTON CID 15,000 - - - - - - INTEREST REVENUE 82 250 - - - 79 (79) OPERATING TRANSFER IN FROM GENERAL FUND 600,180 911,202 - - - - - Total Revenue 1,670,091 3,525,134 4,573,077 169,450 4,742,527 491,391 4,251,136 Expenditures Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/13/17 Budget Remaining (after adj) Public Works PAVEMENT MANAGEMENT 278,684 280,076 200,000 169,450 369,450 - 369,450 INFRASTRUCTURE / BHAM @ PROVIDENCE 1,835 - - - - - - INFRASTRUCTURE/CRABAPPLE @ B'HAM 3,353,225 458,122 4,117,670 - 4,117,670 113,619 4,004,051 INFRASTRUCTURE/SIDEWALKS 16,200 16,419 9,340 - 9,340 - 9,340 INFRASTRUCTURE/MARTA 480 71,862 - - - - - INFRASTRUCTURE/CRABAPPLE STREETSCAPE 30,750 17,433 625,999 - 625,999 5,678 620,321 INFRASTRUCTURE/SR 9@BETHANY BEND 777 2,000 - - - - - INFRASTRUCTURE/TRAIL CONN TO BIG CREEK GREENWAY 121,143 62,590 - - - - - Public Works Total 3,803,092 908,502 4,953,009 169,450 5,122,459 119,297 5,003,162 Community Development BRANDING & SIGNAGE - - 4,900 - 4,900 - 4,900 Community Development Total - - 4,900 - 4,900 - 4,900 Other Financing Uses OPERATING TRANSFER OUT TO CAPITAL PROJ FUND - 48,666 100,000 - 100,000 50,000 50,000 Other Financing Uses Total - - - - - - - Expenditures Total 3,803,092 957,168 5,057,909 169,450 5,227,359 169,297 5,058,062 TOTAL REVENUES OVER/(UNDER) EXPENDITURES (2,133,001) 2,567,966 (484,832) - (484,832) 322,093 (806,925) BEGINNING FUND BALANCE 50,032 (2,082,969) 484,997 484,997 484,997 484,997 484,997 ENDING FUND BALANCE (2,082,969) 484,997 165 484,997 165 807,090 (321,929) BUDGET AMENDMENT NOTES Account Name REVENUES 1. State Gov Grant/LMIG 169,450 169,450$ EXPENDITURES 1. Public Works/Pavement Management 169,450 169,450$ 169,450$ FY 2015 Actuals FY 2015 Actuals Amendment Reason Unaudited Actuals FY 2016 FY 2017 Unaudited Actuals FY 2016 FY 2017 Increased to account for additional funds received for the Local Maintenance & Improvement Grant (LMIG) Increased to reflect funds received from LMIG TOTAL BUDGET AMENDMENTS Page 1 of 2 ORDINANCE NO. STATE OF GEORGIA FULTON COUNTY AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT AMENDMENTS TO THE FISCAL 2017 BUDGET FOR EACH FUND OF THE CITY OF MILTON, GEORGIA AMENDING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, AMENDING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE. BE IT ORDAINED by the City Council of the City of Milton, GA while in a council meeting on May 1, 2017 at 6:00 p.m. as follows: WHEREAS, the City Manager of the City of Milton has presented amendments to the fiscal year 2017 Budget to the City Council on each of the various funds of the City; and WHEREAS, each of these budget amendments results in a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the amended fiscal year 2017 budget provides a financial plan for the government, establishing appropriations for each operating department in order to extend services; NOW, THEREFORE BE IT ORDAINED that this budget amendment, “Exhibit A” attached hereto and by this reference made a part hereof this ordinance shall be the City of Milton’s amended fiscal year 2017 budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several items of revenues shown in the budget for each fund in the amounts anticipated are adopted and that the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. Page 2 of 2 ADOPTED AND APPROVED this 1st day of May, 2017. CITY OF MILTON, GEORGIA By: ________________________ Mayor Joe Lockwood _________________________ ________________________ Councilmember Karen Thurman Councilmember Burt Hewitt _________________________ ________________________ Councilmember Matt Kunz Councilmember Joe Longoria _________________________ ________________________ Councilmember Bill Lusk Councilmember Rick Mohrig Attest: _______________________________ Sudie AM Gordon, City Clerk Eel TO: FROM: MI LTO Nft ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: April 25, 2017 Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution to Establish a Fixed -Rate Civil Appearance Fee for Law Enforcement Officers of the City of Milton. MEETING DATE: Monday, May 1, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (JIYES () NO CITY ATTORNEY REVIEW REQUIRED: ( AYES () NO APPROVAL BY CITY ATTORNEY: (,APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: v5,J0,1ra►7 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Rich Austin, Chief of Police Date: Submitted on April 11, 2017 for the May 1, 2017 Regular City Council Meeting Agenda Item: Consideration of A Resolution to Establish A Fixed-Rate Civil Appearance Fee for Law Enforcement Officers of the City of Milton _____________________________________________________________________________________ Department Recommendation: To establish a fixed-rate civil court appearance fee for law enforcement officers of the City of Milton when subpoenaed by a non-judiciary entity or person. Executive Summary: The purpose of this resolution is to regulate the fee that Milton Police Department officers may charge when subpoenaed to testify off-duty in civil proceedings where the officer has been subpoenaed by a non-judiciary entity or person in accordance with state law outlined in Official Code of Georgia Annotated (O.C.G.A.) § 24-13-28(c)(1). Funding and Fiscal Impact: Fees would be paid directly to the officer. There will be no fiscal impact to the city. Alternatives: Other Council directed action. Police department could pay officers overtime to appear so that the appearances are on duty. Legal Review: Jeff Strickland – Jarrard & Davis 3/23/2017 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Resolution Page 1 of 2 STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION TO ESTABLISH A FIXED-RATE CIVIL APPEARANCE FEE FOR LAW ENFORCEMENT OFFICERS OF THE CITY OF MILTON WHEREAS, Official Code of Georgia Annotated (“O.C.G.A.”) § 24-13-28(c)(1) provides, in part, that, “… any law enforcement officer who shall be required by subpoena to attend any court of this state with respect to any civil proceeding, as a witness concerning any matter relative to the law enforcement duties of such law enforcement offic er during any hours except the regular duty hours to which the law enforcement officer is assigned, shall be paid for such attendance at a fixed rate to be established by the governing authority …”; WHEREAS, O.C.G.A. § 24-13-28(a)(2) provides that the term “law enforcement officer,” as used in that Code section, includes any member of a municipal police force; WHEREAS, O.C.G.A. § 24-13-28(a)(3) provides that “regular duty hours,” as used in that Code section, means, “the daily shift of duty to which a law enforcement officer is assigned and shall not include paid or unpaid vacation, paid or unpaid sick leave, paid or unpaid holiday leave, or any other paid or unpaid leave status established pursuant to the personnel regulations or scheduling practices of the employing agency”; WHEREAS, the Mayor and the City Council, as the governing authority of the City of Milton, have determined that, in accordance with O.C.G.A. § 24-13-28(c)(1), a fixed-rate witness fee for City law enforcement officers should be established; and WHEREAS, O.C.G.A. § 24-13-28(d) provides that such fixed-rate fee shall not be paid if the law enforcement officer receives any overtime pay for time spent attending such court pursuant to the subpoena. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Milton (“City”) that: 1. Any member of the City Police Department who is required by subpoena to attend any court of this state with respect to any civil proceeding, as a witness concerning any matter relative to the law enforcement duties of such law enforcement officer during any hours except the regular duty hours to which the law enforcement officer is assigned, shall be paid at a fixed rate of $50.00 per hour, or portion thereof, with a two-hour minimum. 2. The witness fee payable to the subpoenaed law enforcement officer shall be paid, together with any other fee such law enforcement officer may be entitled to receive, by Page 2 of 2 the issuer of the subpoena in accordance with the provisions of this Resolution, in accordance with O.C.G.A. § 24-13-28(c)(1), and in accordance with any other applicable local, state or federal law. 3. No fee will be due to a law enforcement officer subpoenaed pursuant to O.C.G.A. § 24- 13-28 if such law enforcement officer receives any overtime pay for the time spent attending such court pursuant to the subpoena. SO RESOLVED, this _____ day of _____________, 2017. _______________________________ Mayor, Joe Lockwood Attest: __________________________ Sudie AM Gordon, City Clerk MILI( !N Ir ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: ril 25, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution to Accept Donation of Firearm. MEETING DATE: Monday, May 1, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (41ZAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (4`�ES () NO CITY ATTORNEY REVIEW REQUIRED: („ yYES () NO APPROVAL BY CITY ATTORNEY. (4 -APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 05?0112,01 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Rich Austin, Chief of Police Date: Submitted on April 11, 2017 for the May 1, 2017 Regular City Council Meeting Agenda Item: Consideration of a Resolution to Accept Donation of a Firearm _____________________________________________________________________________________ Department Recommendation: To accept a donation to the Milton Police Department by Milton resident Mr. Harry Schwartz of a brand new Standard Manufacturing DP-12 12 gauge shotgun, serial number DP19418. Executive Summary: The purpose of this resolution is to document acceptance of a brand new shotgun to the Milton Police Department by Milton resident Mr. Harry Schwartz. Funding and Fiscal Impact: There will be no fiscal impact to the city by either declining or accepting the donation. Alternatives: Decline the donation or other Council directed action. Legal Review: Jeff Strickland – Jarrard & Davis 3/23/2017 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Resolution Page 1 of 1 STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION TO ACCEPT DONATION OF A FIREARM WHEREAS, on Friday, March 3rd, 2017, Mr. Harry Schwartz delivered a brand new Standard Manufacturing DP-12 12 gauge shotgun, serial number DP19418 to the City of Milton Police Department and indicated his desire to donate the shotgun to the City of Milton (“City”) to be used in any manner, in the sole discretion of the City, and subject to the sole condition that once accepted by the City he have no further liability associated therewith; WHEREAS, the Official Code of Georgia Annotated (“O.C.G.A.”) § 36-37-2 provides that, “Each municipal corporation is authorized to receive any donations or gifts of real or personal property which may be made to it by deed of gift, will, or otherwise, subject to such conditions as may be specified in the instrument giving or donating the property, if the governing body of the municipal corporation approves of such conditions”; WHEREAS, the City’s Charter provides, at Section 1.12 (Municipal Powers), at subsection (b)(14), that the City is empowered, “To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose”; WHEREAS, the City’s Chief of Police has indicated that the shotgun will be a useful tool to utilize in police operations and has recommended that the City accept the donation. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Milton that, 1. The donation of the shotgun specifically described above is hereby accepted. 2. Upon this acceptance of donation, the shotgun hereby becomes and forever will be property of the City, to be utilized in any manner and in the sole discretion of the City. 3. The donated shotgun shall remain with the City’s Police Department as equipment assigned thereto. SO RESOLVED, this _____ day of _____________, 2017. _______________________________ Joe Lockwood, Mayor Attest: __________________________ Sudie AM Gordon, City Clerk TO: FROM: AGENDA ITEM: MEETING DATE: MI TOS '1�L ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: Steven Krokoff, City ManagerJ) ril 27, 2017 Consideration of A Resolution Appointing A Member to the City of Milton Board of Zoning Appeals for District 2/Post 1. Monday, May 1, 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: () YES (r)0'NO CITY ATTORNEY REVIEW REQUIRED: () YES ((NO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: CX5/6013017 2006 Heritage Walk Milton, GA 0000 P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us `1 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON BOARD OF ZONING APPEALS FOR DISTRICT 2/POST 1 BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on May 1, 2017 at 6:00 pm. as follows: SECTION 1. That _______________ (District 2/Post 1) is hereby appointed for a term commencing May 1, 2017 and ending on December 31, 2019 and, SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this 1st day of May 2017. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk